9911796707
TMI Blog1982 (10) TMI 210X X X X Extracts X X X X X X X X Extracts X X X X ..... ; 166/-which the petitioner duly deposited on August 17, 1976. A receipt acknowledging the payment of the licence fee was issued. Subsequently every year the licence fee was deposited from year to year with a request for renewal of licence and every year fresh receipt was issued which would tantamount to renewal of the licence. Such yearly renewal covered the period 1978-79. When the petitioners applied for renewal of the licence for the period April 1, 1979, to March 31, 1980, the Corporation as per its letter dated May 7, 1979, asked the petitioners to comply with certain requirements as set out therein The Corporation did not accept the licence fee which was tendered by the petitioners. On May 8, 1981, an employee of the respondent Corpo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at ground. 3. Section 421 of the Act provides that no person can keep any eating house, lodging house, hotel, boarding house, tea shop, coffee house, cafe, restaurant, except in conformity with the terms of a licence granted by the Commissioner in this behalf. Therefore, for carrying on the business of a restaurant obtaining licence under Section 421 is a pre-requisite. It is not in dispute that the petitioners did apply for such licence. In para 11 of the petition the petitioner has stated that the licence was renewed by acceptance of the licence fee for the years 1977-78 and 1978-79. In the affidavit in opposition with regard to the averments in para 11 the only thing stated is that these averments need no reply. No where in the affida ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for running a restaurant in residential building is not permissible .... It would thus appear that the licence was issued and the Corporation did not renew the licence. 5. Where, in order to carry on business a licence is required, obviously refusal to give licence or cancellation or revocation of licence would be visited with both civil and pecuniary consequences and as the business cannot be carried on without the licence it would also affect the livelihood of the person. In such a situation before either refusing to renew the licence or cancelling or revoking the same, the minimum principle of natural justice of notice and opportunity to represent one's case is a must. It is not disputed that no such opportunity was given befor ..... X X X X Extracts X X X X X X X X Extracts X X X X
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