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Kishan Chand Arora Vs. Commissioner of Police, Calcutta
Supreme Court of India
Dec-09-1960
Constitution
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
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 … Wanchoo, J.1. This petition under Art. 32 of the Constitution challenges the constitutionality of s. 3 of the Calcutta … 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,
Tag this Judgment! AI Brief & AskP.H. Avari Vs. State of West Bengal and ors.
Kolkata
Dec-11-1957
Excise
Bengal Excise Act, 1909 - Sections 2(11), 12, 20, 27, 38 and 86; ;Bengal Excise (Foreign Liquor Licence Fee) Rules, 1942 - Rule 3; ;Bengal Excise (Foreign Liquor Licence Fee) (Amendment) Rules, 1950; ;Evidence Act, 1872 - Section 115; ;Constitution of India - Articles 9, 226, 265, 286, 299 and 367(3); ;Code of Civil Procedure (CPC) , 1908 - Section 84; ;Land Customs Act, 1924 - Sections 4 and 5
AIR1958Cal203,62CWN278
is authorised to carryon such business under a license for the sale of foreign liquor granted under the Bengal Excise Act, 1909. The terms of license material for pur-pqses of this application are:'(I) Sri Pesi Hormusji Avari, resident of Calcutta … came into operation from 6-11-1950. The petitioner's case is that he has been dealing with Sikkim before 6-11-1950. Section 12 of the Bengal Excise Act provides that--'No intoxicant exceeding such quantity as the Provincial Government may prescribe … to quash the order of the Collector of Excise, Calcutta, dated the 30th July, 1954, the order of the Commissioner of Excise, West Bengal, dated
Tag this Judgment! AI Brief & AskSangita Jalan Vs. State of West Bengal and ors.
Kolkata
Jun-13-2005
Excise
Bengal Excise Act, 1909 - Sections 30, 31, 36, 37, 37A, 85(3) and 86; ;Calcutta Municipal Corporation Act - Section 399; ;West Begnal School Service Commission Act, 1997; ;West Bengal Excise (Selection of New Site and Grant of Licence for Retail Sale of Liquor and Certain Other Intoxicants) Rules, 2003 - Rule 8 and 8(1); ;Bihar Legislative Council Members (Disqualification on Ground of Detection) Rules, 1994
2006(1)CHN644
(3) of Section 85 and Section 86 read with Sections 30, 31, 36, 37 and 37A of the Bengal Excise Act, 1909 (Ben, Act V of 1909), the Governor is pleased hereby to make, with immediate effect, the following amendment
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Promodh Jha Vs. State of West Bengal
Kolkata
Jan-22-2008
Criminal
Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 2, 2(14), 2(23), 3(13), 9 and 20; ;Bengal Excise Act, 1909; ;Code of Criminal Procedure (CrPC) , 1973 - Section 439
2008(1)CHN710
is to be noticed that imports, exports, transports, possession or sell of intoxicating drug is punishable under the Bengal Excise Act, 1909 wherein intoxicating drug has been defined under Section 3(13) or the said Act which includes leaves, small stalks
Tag this Judgment! AI Brief & AskNirmal Sarkar Vs. State of West Bengal and ors.
Kolkata
Aug-21-2006
Excise
Bengal Excise Act, 1909 - Sections 85 and 86; ;West Bengal Excise (Selection of New Site and Grant of License for Retail Sale of Spirit and Certain Other Intoxicants) Rules, 1993 - Rules 2, 3(1), 5(1) and 13(1); ;West Bengal Excise (Selection of Person for Grant of License at New Site for Retail Sale of Spirit and Certain other Intoxicants other than Foreign Liquor on Category of Licenses and Licenses for Denatured Spirit) Order, 2000
2007(2)CHN707
the Excise Department by notification was on the basis of power conferred by Sections 85 and 86 of Bengal Excise Act, 1909 read with Sub-rule (1) of Rule 13 of 'the 1993 Rules'. He further pointed out that 'the 1993 … subsequent order dated 4.2.2000 by the Excise Department by notification was on the basis of power conferred by Sections 85 and 86 of Bengal Excise Act, 1909 read with Sub-rule (1) of Rule 13 of 'the 1993 … the panel Another petitioner, namely, Kashinath Saha was placed at s1. No. 3 whereas, the other petitioner, namely, Chiranjeeb Ghosh was not enlisted in the
Tag this Judgment! AI Brief & AskKhalek Shaikh Vs. State of West Bengal
Supreme Court of India
Aug-31-2006
Criminal
Bengal Excise Act, 1909 - Sections 46A
2006(8)SCALE742; (2006)7SCC439
Pasayat, J.1. Leave granted.2. Appellant was convicted for alleged commission of offence punishable under Section 46A(a)(ii) of the Bengal Excise Act, 1909 (in short the 'Act'). According to the prosecution he was in unlawful possession of 40 litres of illicit … no application - Applicable provision is Section 46A(a)(i) - Conviction was accordingly altered - INDIAN EVIDENCE ACT, 1872 Section 3: [S.B.Sinha & Cyriac Joseph,JJ] Appreciation of evidence Related witness - Held, Evidence of eye-witnesses should not be disbelieved
Tag this Judgment! AI Brief & AskState of West Bengal, Through Addl. Secy. Dept. of Excise and ors. Vs. ...
Kolkata
Mar-16-1970
Excise
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
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 … was granted for the period from the 2nd August, 1965 to the 31st March, 1966, jointly in favour of the company and the firm, subject
Tag this Judgment! AI Brief & AskAmar Chandra Chakraborty Vs. the Collector of Excise, Government of Tr ...
Supreme Court of India
May-03-1972
Excise
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
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 … 1958 (43 of 1958), or under any section which has been introduced into the Indian Penal Code by Section 3 of that Act (Act XLV of 1860); or(e) if the holder thereof is punished for any offence referred
Tag this Judgment! AI Brief & AskSri Kalidas Chakravarti Vs. State of West Bengal Through the Secretary ...
Kolkata
Apr-17-1957
Excise
Bengal Excise Act, 1909 - Sections 8, 8(2), 8(3), 30 to 34, 35 and 85; ;Bengal Excise Rules - Rule 3
AIR1958Cal241
Dr. Gupta is that the power of revision conferred on the Provincial Government by Section 8(3) of the Bengal Excise Act, 1909 is controlled by and is subject to the provisions of Section 35 of the Act and any order
Tag this Judgment! AI Brief & AskHar Shankar and ors. Vs. the Dy. Excise and Taxation Commr. and ors.
Supreme Court of India
Jan-21-1975
Excise
Punjab Excise Act, 1914 - Sections 3(9), 5, 8, 16, 17, 20, 20(1), 20(2), 24, 24(4), 26, 27, 27(2), 34, 34(1), 35(2), 36, 43, 56, 58, 59, 60 and 60(1); Bombay Prohibition Act, 1949; Cochin Abkari Act; Bombay Lotteries and Prize Competition Control and Tax Act, 1948; Punjab Liquor Licence Rules, 1956 - Rules 1, 11, 12, 23, 24, 27A, 28, 30, 31, 35, 36, 36 (23-A), 59 and 103(1); Punjab Liquor Licence (First Amendment) Rules, 1968 - Rule 27-A; Prohibition and Excise Laws; Federal law; Constitution of India - Articles 14, 19, 19(1), 19(6), 47, 132(1), 133(1), 226, 298 and 301; Ajmer Excise Regulation - Regulation 1915; Bombay Abkari Act, 1878; Bengal Excise Act, 1909; Madras Abkari Act, 1886; Eastern Bensal and Assam Excise Act, 1910; Bihar and Orissa Excise Act, 1915 - Sections 2
AIR1975SC1121; (1975)1SCC737; [1975]3SCR254; MANU/SC/0321/1975
[1973]1SCR533 , a Constitution Bench of this Court had to consider the question whether Section 43 of the Bengal Excise Act, 1909 under which the licence of a liquor contractor was withdrawn, violated Articles 14 and 19(1)(g) of the Constitution. … the premises of their respective establishments.4. Civil Writ No. 2645 of 1968 out of which Civil Appeal No. 365 of 1971 arises, may be taken to be typical of the petitions filed by retail vendors of country
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