(1.) The principal question in these civil appeals and writ petitions is whether it is permissible for the State Government to auction licences for carrying on the business of selling foreign liquor which is neither manufactured nor imported by the State Government. Some of these appeals relate to State of Madhya Pradesh and others relate to State of Kerala.
(2.) The Madhya Pradesh appeals are governed by the Central Provinces and Berar Excise Act 1915 which became applicable to Madhya Pradesh as the Central Provinces Excise Act, 1915. This will be referred to as the Madhya Pradesh Act.
(3.) The Kerala Appeals are governed by the Abkari Act (Act No. 1 of 1077). This will be referred to as the Abkari Act.