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Vijayan Vs. State of Kerala represented by the Public Prosecutor

Court : Kerala

Subject : Land Acquisition

the Excise Inspector, Kayamkulam Excise Range in Crime No.18/1999 of that Excise Range under Section 55(a) of the Abkari Act (ought to be under Section 8(1) of the Abkari Act). 2. The case of the prosecution in nutshell

Mohanan and anr. Vs. State of Kerala

Court : Kerala

Subject : Criminal

Acts : Abkari Act - Sections 10, 13, 55, 55(1), 58 and 63; Abkari Rules; Code of Criminal Procedure (CrPC) - Sections 27, 218, 223, 313 and 428

Reported in : 2007(3)KLJ221

J.1. The appellants faced trial for the offences punishable under Section 55(a) read with Section 55(1) of the Abkari Act along with the 3rd accused on the allegation that they were found in possession of 7 and 12

V.K. Ashokan Vs. Asstt. Excise Commnr. and ors.

Court : Supreme Court of India

Subject : CommercialExcise

Acts : Kerala Abkari Act - Sections 3(8), 3(12), 4, 6(28), 12, 17, 18, 18A, 24, 26, 29, 29(1), 55(1), 56, 57 and 57A; Narcotic Drugs and Psychotropic Substances Act - Sections 22; Kerala Revenue Recovery Act - Sections 7; Kerala Board of Revenue Act, 1957; Indian Contract Act - Sections 74; Kerala Abkari Shops (Disposal in Auction) Rules, 1974 - Rules 2, 4, 5(10), 5(15), 6(28), 6(30), 6(32) and 6(34); Constitution of India - Article 14; Indian Penal Code

Reported in : 2009(164)LC1(SC); JT2009(5)SC104; 2009(4)SCALE225; 2009(3)LC1329(SC)

S.B. Sinha, J.1. Leave granted.2. Interpretation of the provisions of the Kerala Abkari Act (for short, 'the Act') and the Rules framed thereunder known as the Kerala Abkari Shops (Disposal in Auction) … above ranges for the year 1997-2000 violated the rules and licence conditions and committed the offences punishable under Section 57(a) and 56 of Abkari Act and also Section 22 of NDPS Act 1985 consequent on the detection … Shop Nos. vide order of (30) of Petition No. 1 in (V.K. 55 to 96 of Assistant the O.P. No. S.C. No.83 Ashokan) Thrissur Excise

Gopalakrishnan Vs. State of Kerala

Court : Kerala

Subject : Land Acquisition

range alleging the offences under sections 55 (a), (b) and (g) and sections 8(1) and (2) of the Abkari Act.2. The case of the prosecution in nutshell was that on 11.8.2004 at about 10 p.m the revision petitioner … to pay a fine of Rs. One lakh, in default to undergo simple imprisonment for two months under Section 55 (b) of the Act as under section 71 of the Indian Penal Code the entire offence was committed

Retnakaran @ Chetha Vs. State of Kerala represented by Public Prosecut ...

Court : Kerala

Subject : Education

Inspector of Police, Thumba police station in Crime No.88/2001 under sections 55(a), (h) and section 8(1) of the Abkari Act. 3. The case of the prosecution in nutshell was that on 25.7.2001, at about 3.20 p.m, the accused

Soman Vs. State of Kerala

Court : Supreme Court of India

Subject : Criminal

Acts : (Kerala) Abkari Act - Sections 55(a)(i), 57A, 57A(2)(ii) 58; Indian Penal Code (IPC), 1860 - Section 201

and poisonous substances and held him guilty of Sections 55(a) & (i), 57A and 58 of the (Kerala) Abkari Act (hereinafter ‘the Act’). The  trial  court  sentenced  the  appellant  to  undergo  rigorous imprisonment for two years on each … poisoning of taking liquor from him and several persons were sustained injuries also.  His conviction for offences under Section 55(a) and (i) and under Section 58 are confirmed.  Even  though  he  was  only  a  small  retail seller, who

Shaji Vs. State of Kerala

Court : Kerala

Subject : Criminal

Acts : Abkari Act - Sections 53, 55, 55(1) and 58; Code of Criminal Procedure (CrPC) - Sections 222(2), 228(1), 228(2) and 313

Reported in : 2006(1)KLJ309

prejudice for finding him guilty under Section 58 of the Abkari Act instead of Section 55(a) of the Abkari Act. Section 55 of the Abkari Act deals with for illegal import etc. Section 55(a) of the Act deals with imports,

Sely Vs. State of Kerala

Court : Kerala

Subject : Criminal

Acts : Kerala Abkari Act, 1077 - Sections 55, 58, 377, 378 and 386; Code of Criminal Procedure (CrPC) , 1898 - Sections 106(3), 411-A(2), 417, 423(1) and 423(3)

Reported in : 2002CriLJ1207

Magistrate Court-II, Erankulam and she was convicted for thecommission of the offence punishable under Section 58 of the Abkari Act. Revision petitionerwas tried for the alleged commission of the offences punishable under Sections 55(a) and55(i) of the Abkari

Sabu Vs. State of Kerala

Court : Kerala

Subject : Criminal

Acts : Abkari Act - Sections 3(2), 4, 5, 10, 13, 31, 32, 33, 34, 35, 38, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 55, 55(1) 59 and 63; Foreign Liquor Rules - Rule 11 and 11A; Code of Criminal Procedure (CrPC) - Sections 2, 313 and 428

Reported in : 2007(3)KLJ157

Rules 11 and 11A of the Foreign Liquor Rules can be punished only under Section 63 of the Abkari Act. Section 63 of the Abkari Act reads as follows:For offences not otherwise provided for: Whoever is guilty of any … of the Additional Sessions court (Ad hoc-U), Thodupuzha. The appellant faced trial for the offence punishable under Section 55(a) read with Section 55(1) of the Abkari Act.2. The prosecution case against the appellant accused was that on

Chandran @ Manichan @ Maniyan, and ors. Vs. State of KeralA.

Court : Supreme Court of India

Subject : Criminal

Acts : Indian Penal Code (IPC), 1860 - Sections 120B, 302, 307, 326, 328, 201, 299, 300, 304, 307 Read with Section 34 ; Kerala Abkari Act, 1955 - Sections 55(a)(g)(h)(i), 57A, 58, 8 ; Cochin Abkari Act ; Madras Abkari Act ;

Penal Code (IPC) as also under Sections 55 (a) (g) (h) (i) , 57A and 58 of the Abkari Act. We need not refer to the punishments awarded to all these accused persons. Suffice it to say, that … Act along with convictions under Sections 324, 326, 328 and 201, IPC as also the other Sections like Section 55 (h) and (i) and 58 of the Abkari Act. In short, most of the accused persons were directed