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

Court : Kolkata

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 … attention to the provisions of Sub-rule (1) of Rule 22 of Order 41 of the Code of Civil Procedure. The said sub-rule is in the

AmIn Shariff Vs. Emperor

Court : Kolkata

Subject : Criminal

Reported in : AIR1934Cal580,150Ind.Cas.561

25, Evidence Act. As a branch of this ground Mr. Pal has also argued that Under Section 74, Bengal Excise Act, 1909, an Excise Officer is a Police Officer within the meaning of Section 162, Criminal P. C. and any

State Of U.p. . Vs. M/s. Lalta Prasad Vaish And Sons

Court : Supreme Court of India

Subject : Land Acquisition

1077; Section 3(10) 158 Similar definitions in Bihar and Orissa Excise Act 1915; Sections 2(14); 2(19) 159 The Bengal Excise Act 1909; Section 2(12a) 160 The Bengal Excise Act 1909; Section 2(14) 161 The Bengal Excise Act 1909; Section 2(19) Page … enough to justify a provision like Section 58-A.” 38 (1992) 2 SCC39939 1996 3 SCC70940 1996 3 SCC709[33]. 41 (1997) 2 SCC715Page 17 of 123 PART A hold that the State will not have any power over

Rita Shaw and ors. Vs. Dipendra Lal Shaw and anr.

Court : Kolkata

Subject : Excise

Acts : Transfer of Property Act, 1882 - Section 14; ;Indian Trusts Act - Section 6; ;Bengal Excise Act - Section 86; ;Partnership Act, 1932 - Sections 31 and 42; ;Bengal Excise Act, 1909; ;Income Tax Act - Section 185; ;Bengal Excise Rules - Rules 207, 208 and 209; ;Hindu Law

Reported in : 2006(4)CHN414

is excise license, without which this business cannot be operated, and this again, under the provisions of the Bengal Excise Act, 1909, and rules thereof, is in the nature of a personal privilege, and not a mere incidence of the … Gopi Nath De : AIR1952Cal705 ;(vi) Ganesh Chunder v. Lal Behari Dhur 41 CWN 1;(vii) Manohar v. Bhupendranath 1933 ILR Cal 452;(viii) Rai Kishori Dassi … and marked 'Exhibit 5' runs contrary to law, being hit by the rule against perpetuity, as contained in Section 14 of the Transfer of Property Act, 1882. It is also the case of the plaintiffs that exclusion

Kishan Chand Arora Vs. Commissioner of Police, Calcutta

Court : Supreme Court of India

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 … him or that he is favouring Bhowmick. What he says in ground 41 of his petition in this connection is that the reasons given by … 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,

Government of Andhra Pradesh and ors. Vs. A. Hanumantha Rao and ors.

Court : Andhra Pradesh

Subject : Excise

Acts : Andhra Pradesh Excise Act, 1968 - Sections 9, 11, 12, 15, 17, 28, 29 and 72; Andhra Pradesh Prohibition Act, 1995; Indian Stamp Act, 1899; Bengal Excise Act, 1909 - Sections 42 and 43; Bihar and Orissa Excise Act, 1915; Bihar and Orissa Excise Rules; Tamil Nadu Prohibition Act, 1937 - Sections 17C, 17D, 21 and 54; Tamil Nadu Liquor (Retail Vending) Rules, 1989; Bar Rules; Tamil Nadu Minor Mineral Concession Rules, 1959 - Rules 8C and 9; Andhra Pradesh Indian Liquor and Foreign Liquor Rules, 1970 - Rules 3, 23, 24, 26A, 26A(2), 28, 30, 31, 65(2) and 70; Andhra Pradesh Excise (Lease of Right to Sell Indian Liquor and Foreign Liquor in Retail) Rules, 1993 - Rule 3; Tamil Nadu Liquor (Retail Vending) Rules, 1989 - Rule 14 and 14(3); Tripura Excise Rules, 1962 - Rule 164A; Consti

Reported in : 2005(2)ALD780; 2005(2)ALT653

to be fixed by tender-cum-auction. The Collector of Excise in exercise of power under Section 43 of the Bengal Excise Act, 1909 issued notice expressing intention to withdraw the licence and order that the said licence be withdrawn with effect … The ground that the Excise Policy intends to effectively eliminate cartels in liquor trade is a non-existent one. 41. The next question is what is the nexus between the non-renewal of licences of the existing licence-holders and

The Corporation of Calcutta and ors. Vs. Sarat Chandra Ghatak and anr.

Court : Kolkata

Subject : Constitution

Acts : Constitution of India - Articles 110(2), 199(2), 245, 265 and 277; ;Calcutta Municipal Act, 1951 - Sections 233 and 229

Reported in : AIR1959Cal704

further and has often left to the executive an unfettered power to fix the rate of tax. The Bengal Excise Act, 1909 (Bengal Act V of 1909), Section 27 empowers the Government to impose an excise duty or a countervailing … 1951 SCR 747 at pp. 812, 964-5. 1018 and 1029: (AIR 1951 SC 332 at pp. 350, 394-95, 411, 414). Quite apart from the American precedent I think that there are indications in our Constitution showing that

Khalek Shaik Vs. State of West Bengal

Court : Kolkata

Subject : CriminalExcise

Acts : Bengal Excise Act, 1909 - Sections 46, 46A, 73, 73(2), 74, 74(4) and 81(1); ;Code of Criminal Procedure (CrPC) , 1973 - Sections 2, 41, 41(1), 55, 100, 160 to 171, 173, 190 and 244 to 247

Reported in : 2006(1)CHN483

passed by the Id. Judicial Magistrate 1st Court, Diamond Harbour in Case No. C.80/96 under Section 46A(e)(ii) of Bengal Excise Act.2. The miniaturized version of the prosecution is that on 17.01.96 at about 10.30 a.m. the present petitioner was … under Sections 46, 46A etc. any of the powers [conferred by Clause (a) of Sub-section (1) of Sections 41 & 55 of the Code] by a police officer or Officer-in-Charge of a police station. In other words,

Bengal Club Ltd. Vs. Deputy Commissioner of Police and ors.

Court : Kolkata

Subject : Criminal

Reported in : 1989CriLJ535

or places or public resort and entertainment as aforesaid for which no license as is specified in (the Bengal Excise Act, 1909) (Bengal Act V of 1909) is required upon such conditions, to be inserted in every such license, as … in terms of Section 39 of the Calcutta Police Act 22 of the Suburban Police Act, read with Section 41 of the Calcutta Police Act/24 of the Suburban Police Act. The petitioner was also requested to obtain such

State of West Bengal and ors. Vs. Jagmohan Lal Gupta and ors.

Court : Kolkata

Subject : Sales Tax

Reported in : [1980]45STC418(Cal)

attention has been drawn by Mr. Chatterjee to the introduction of 'explanation II' to Section 86 of the Bengal Excise Act, 1909, by paragraph 7 of the Bengal Excise (Amendment) Ordinance, 1974 (West Bengal Ordinance No. 4 of 1974), which