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Nov 22 1962

Sunil Kumar Datta and ors. Vs. the State of West Bengal

Court : Kolkata

Decided on : Nov-22-1962

Subject : ExciseCriminal

Acts : Code of Criminal Procedure (CrPC) , 1898 - Sections 162, 165, 172 and 173(4); ;Bengal Excise Act, 1909 - Section 74 and 74(1); ;Evidence Act - Section 145

Reported in : AIR1963Cal431,1963CriLJ129

petitioners has urged that in view of the provisions of Section 74 and particularly Section 74(4) of the Bengal Excise Act 1909, an investigation by the Excise Officer must be deemed to be an investigation under Chapter 14 of the … by the Excise Officer in the course of the investigation of the case, which is one under Section 120B of the Indian Penal Code taken with Section 46(a) of the Bengal Excise Act. The learned Magistrate observed

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Mar 06 1979

Superintendent and Remembrancer of Legal Affairs to Government of West ...

Court : Supreme Court of India

Decided on : Mar-06-1979

Subject : ExciseCriminal

Acts : Bengal Excise Act, 1909 - Sections 63, 63(2) and 64(1); Indian Penal Code (IPC) - Sections 302

Reported in : AIR1979SC1029; 1979CriLJ897; 1979CENCUS505D; 1988(1)SCALE964; (1979)4SCC85; [1979]3SCR472; 1979(11)LC823(SC)

by the Magistrate, First Class, Alipore, District 24-Parganas, in respect of a charge under Section 46(a) of the Bengal Excise Act, 1909 (hereinafter referred to as the Act).3. On the night of July 29, 1963, at about 7.30 p.m., the … Sarkaria, J.1. This appeal by special leave is directed against a judgment, dated March 5, 1971, of the High Court of Calcutta. The facts are as follows:2. Abani Maity, respondent herein, and three other

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Mar 16 1970

State of West Bengal, Through Addl. Secy. Dept. of Excise and ors. Vs. ...

Court : Kolkata

Decided on : Mar-16-1970

Subject : Excise

Acts : Code of Civil Procedure (CPC) , 1908 - Order 41, Rule 22; ;Bengal Excise Act, 1909 - Sections 8, 8(1), 8(2), 8(3), 13, 44A, 85, 85(2), 86 and 86(3); ;Bengal Excise (Amendment) Act, 1965; ;Bengal Excise Rules - Rules 58, 87, 87(3), 207, 208 and 209; ;Constitution of India - Articles 14 and 226; ;Bengal Excise (Amendment) Act, 1967

Reported in : AIR1970Cal548

of the firm decided to promote a limited company. The brewery licence under the Rules framed under the Bengal Excise Act, 1909, hereinafter referred to as the Act, was granted for the period from the 2nd August, 1965 to the … question is answered, it would be necessary to discuss the relevant provisions of the Bengal Excise Act of 1909. Section 13 of the Act provides, inter alia, that no intoxicant shall be manufactured and no distillery or brewery … Sabyasachi Mukhakji, J. 1. This is an appeal over right to brew intoxicants in a brewery

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May 03 1972

Amar Chandra Chakraborty Vs. the Collector of Excise, Government of Tr ...

Court : Supreme Court of India

Decided on : May-03-1972

Subject : Excise

Acts : Constitution of India - Articles 14, 19, 47 and 226; Bengal Excise Act, 1909 - Sections 22, 22(1), 42, 42(1), 43, 43(1), 43(3) and 86; Tripura Excise Rules, 1962 - Rules 22(4) and 164-A; Dangerous Drugs Act, 1930; Trade and Merchandise Marks Act, 1958; Indian Penal Code (IPC), 1860 - Sections 3; Sea Customs Act, 1878 - Sections 167; Opium Act, 1878

Reported in : AIR1972SC1863; (1972)2SCC442; [1973]1SCR533

for running a warehouse for supply of country liquor to excise vendors in the territory of Tripura. The Bengal Excise Act, 1909 (hereinafter called the Act) had been extended to that territory on August 1, 1962. The appellant's licence was … 1968 to 31st March, 1973 should be withdrawn.Now, therefore, in exercise of the powers conferred on me under Section 43 of the Bengal Excise Act, 1909, as extended to the Union Territory of Tripura, I remit a

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Dec 09 1960

Kishan Chand Arora Vs. Commissioner of Police, Calcutta

Court : Supreme Court of India

Decided on : Dec-09-1960

Subject : Constitution

Acts : Calcutta Police Act, 1866 - Sections 3, 39 and 40; Bengal Excise Act, 1909; Indian Criminal Law Amendment Act, 1908 - Sections 15(2); Ajmer Tenancy and Land Records Act, 1950 - Sections 112; Ajmer Government Wards Regulation, 1888 - Sections 7; Indian Bar Councils Act - Sections 8 and 9(1); ;Cotton Textile (Control of Movement) Order, 1948; Essential Supplies (Temporary Powers) Act, 1946 - Sections 3; Iron and Steel (Control of Production and Distribution) Order, 1941; Bihar Mica Act, 1948 - Sections 25(1); Motor Vehicles Act, 1939 - Sections 47 and 48(3); Constitution of India - Articles 19, 19(1), 19(4), 19(6), 32 and 226

Reported in : AIR1961SC705; [1961]3SCR135

or places of public resort and entertainment as aforesaid for which no licence as is specified in the Bengal Excise Act, 1909, is required upon such conditions, to be inserted in every such licence, as he, with the sanction of … right to practise any profession or to carry on any occupation, trade or business contained in Art. 19(1)(g). Section 39 is in these terms :- 'The Commissioner of Police, may, at his discretion, from time to time,

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Dec 01 1999

State of West Bengal Vs. Rashmoy Das and ors.

Court : Supreme Court of India

Decided on : Dec-01-1999

Subject : CriminalExcise

Acts : West Bengal Excise Act, 1909 - Sections 92(1); Code of Criminal Procedure (CrPC) , 1973 - Sections 167(5)

Reported in : AIR2000SC228; 2000(1)ALD(Cri)9; 2000(67)ECC211; JT1999(9)SC337; 1999(7)SCALE293; (2000)1SCC76; [1999]Supp5SCR80

storage of the contraband and all of them are liable to be prosecuted for various offences under the Bengal Excise Act 1909 (for short the 'Act').5. As they proposed to launch prosecution against those persons they realised that there were … to launch prosecution against those persons they realised that there were two hurdles to be circumvented. First is, Section 92 of the Act contains a rider that institution of the prosecution was to be made after the … bail and the sessions judge granted an order in their favour on 16.4.1996.4. On 19.10.1996, the Chemical Examiner forwarded the report of analysis of the

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Sep 27 2006

Hotel Silver Line and anr. Vs. Commissioner of Police and ors.

Court : Kolkata

Decided on : Sep-27-2006

Subject : Excise

Acts : Calcutta Police Act, 1866 - Sections 19, 36 and 37; ;Bengal Excise Act, 1909 - Sections 30, 30(1), 31, 36, 37 and 37A; ;West Bengal Excise (Selection of New Sites and Grant of License for Retail Sale of Liquor and Certain Other Intoxicants) Rules, 2003 - Rules 2(1), 4, 5, 8, 9 and 9(1)

Reported in : AIR2007Cal44,2006(4)CHN694,1(2007)CLT682

usurp the power of the excise authorities to grant temporary bar licence conferred by the provisions of the Bengal Excise Act, 1909 (for short 'Excise Act') and rules framed thereunder.7. Before dealing with the provisions under the Excise Act and … supplied)9. In order to appreciate the points canvassed and the issues raised, it is pertinent to refer to Sections 30, 36 and 37 of the Excise Act. Section 30 is as under:30(1) The State Government may, subject

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Sep 26 2006

ifb Agro Industries Ltd. and ors. Vs. the Excise Commissioner and ors.

Court : Kolkata

Decided on : Sep-26-2006

Subject : Excise

Acts : Bengal Excise Act, 1909 - Section 22 and 22(1); ;Motor Vehicles Act; ;Land Acquisition Act - Sections 4 and 6; ;Constitution of India - Articles 12, 14, 32, 47, 166, 166(3) and 226; ; West Bengal Business Rules - Rules 19 and 20

Reported in : 2007(1)CHN473

grant of exclusive privilege-area of manufacture and sale of the country-liquor as provided in Section 22 of the Bengal Excise Act, 1909 was the dispute involved before the Principal Secretary. According to said provision, the State Government may grant to … in these appeals. The subject-matter of these appeals is the order passed by a learned Single Judge dated 12thApril, 2006 by which His Lordship disposed of the. two writ - applications by which the order dated 15thDecember,

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Sep 08 1994

Prabir Kumar Chatterjee Vs. the State of West Bengal and ors.

Court : Kolkata

Decided on : Sep-08-1994

Subject : Commercial

Acts : Constitution of India - Article 226; ;Bengal Excise Act, 1909 - Sections 1(C), 42 and 86

Reported in : (1995)2CALLT332(HC)

competent authority under the provisions of Rule 209 of the Consolidated Rules framed under Section 86 of the Bengal Excise Act, 1909, and the Circular Notification made thereunder. His place of business has been delineated at village Sunderchack within Kulti … till his death. After his demise, even it was granted to his mother who died in the year 1977. From then on, the said licence in respect of mother, has been renewed and/or settled by the competent

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Sep 01 1913

Booth Vs. Emperor

Court : Kolkata

Decided on : Sep-01-1913

Subject : Criminal

Reported in : AIR1914Cal649,(1914)ILR41Cal545

JJ.1. The appellant, C.H. Booth, was charged with the commission of an offence under Section 46 of the Bengal Excise Act, 1909, inasmuch as he had imported 491 ounces of cocaine without a license or pass. He was tried by

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