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1982 (2) TMI 306

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..... as application was filed by Shri Kohtari Rameshkumar Misrimal for grant to a licence of deal in gold in the prescribed form and on payment of the prescribed licence fee on 21st January, 1981. Copy of the ground plan, where he intends to start business was also furnished along with the application. The applicant was a goldsmith having Certificate No. 48/80. Since the certificate recognising the app .....

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..... o the show cause notice, vide his letter dated 18-8-1981. After considering all the facts, the Deputy Collector passed an order rejecting his application of dealers licence, vide Order F. No. XVII(GC)7-22/81, dated 5th Sept., 1981. The applicant preferred an appeal against the Dy. Collr s order to the Appellate Collector. The Appellate Collector, vide his order No. S/49-84/81-GC, dated 21-1-1982, .....

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..... s directed the lower Authority to take into consideration the norms fixed by the Govt. in regard to licensing of Dealers. In the said Order, the Govt. seemed to have directed that the availability of business per head of the existing dealers should also be considered in order to find out whether such business would provide for a reasonable living for a dealer. 4. In the matter of issue of a lic .....

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..... . For instance, if the Departmental instructions are not in favour of issuing a licence, on that score alone an application for a dealer s licence cannot be refused. Similarly, an application cannot be entertained if the applicant fails to satisfy the provisions of the Act but fulfills the requirement of Departmental instructions. It would be gross injustice to deny a licence simply because norms .....

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