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

Court : Supreme Court of India

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 … The point sought to be made out is that the words 'shall be liable to confiscation' occurring in Section 63(1) read with Sub-section (1) of Section 64, make it obligatory on the Magistrate in the event of the

Union of India Vs. K. Siraj

Court : Chennai

Subject : Customs

Acts : Customs Act, 1962 - Sections 2(19), 11, 11(2), 28, 47, 51, 100, 101, 102, 103, 104, 105, 106A, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 124, 125, 129D, 130, 132, 133, 134, 135 and 135A

Reported in : 1993(44)ECC262; 1993(65)ELT25(Mad)

Applying the above-mentioned rule, the Supreme Court in the above cited case, interpreted the two provisions in the Bengal Excise Act, 1909, as found in Section 63(2) and 64(1) thereof in these words : 'The provisions of Sections 63 and

State of Karnataka and ors. Vs. Saveen Kumar Shetty

Court : Supreme Court of India

Subject : Commercial

Acts : Karnataka Excise (Lease of Right of Retail Vend of Liquors) Rules, 1969 - Rules 5(6), 9, 10, 11, 11(7), 12, 13, 13(1), 13(2), 16, 16(1), 17, 17(1), 18, 18(1) and 20; Sea Customs Act, 1878 - Sections 52A and 167(12A); Madhya Bharat (Amendment) Act - Sections 11; Bengal Excise Act, 1909 - Sections 63 and 64

Reported in : AIR2002SC1248; 2002(80)ECC255; JT2002(2)SC474; 2002(2)SCALE430; (2002)3SCC426; [2002]2SCR49

a penalty. Where, however, the option is given like in Abani Maity's case under Section 64 of the Bengal Excise Act, 1909, either to order confiscation or give the owner of the vehicle an option to pay fine in lieu … with the Magistrate. The Magistrate could not waive the penalty completely. He either has to order confiscation under Section 63 read with Section 64 or in lieu of confiscation impose such fine as he thought fit. Once an

Sreenath Malakar and anr. Vs. the State

Court : Kolkata

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1898 - Section 260(1); ;Bengal Excise Act, 1909 - Sections 46 and 63

Reported in : AIR1955Cal552,1955CriLJ1354,61CWN686

Kumar Dutta appearing on behalf of the petitioner has argued that although a person convicted under Section 40, Bengal Excise Act, 1909, is liable to imprisonment for a term which may extend to six months, or to fine which may … an intoxicant. The petitioner was sentenced to 3 months' rigorous imprisonment and the intoxicant concerned was confiscated under Section 63 of the said Act.2. The prosecution case against the petitioner was as follows: On 17-5-1954; he was found

The Supdt. and Remembrancer of Legal Affairs. West Bengal on Behalf of ...

Court : Kolkata

Subject : Criminal

Reported in : 1972CriLJ544

of the Prosecutor. C. D. D. West Bengal, substantially based on an interpretation of Section 67 of the Bengal Excise Act 1909 to the effect that the Collector of Customs has got a perpetual right to keep in detention any … point. We shall now refer to the provisions of Sections 63 and 67 of the Bengal Excise Act. 1909.Section 63 : '(1) Whenever an offence has been committed which is punishable under this Act, the intoxicant materials, still,

Deb Kumar Adak Vs. State of West Bengal

Court : Kolkata

Subject : CriminalExcise

Acts : Bengal Excise Act, 1909 - Section 65(1); ;Code of Criminal Procedure (CrPC) - Section 482

Reported in : (1992)1CALLT332(HC)

such it cannot be said that the case has been lodged before the Magistrate.4. Section 63 of the Bengal Excise Act, 1909 enumerates of what things are liable to confiscation. The proviso to Section 63, however, restricts the operation of

Shree Electronics Vs. Collector of Customs

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Subject : Customs

Reported in : (1996)(81)ELT407TriDel

Matched in: Court Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Chern Taong Shang and ors. Vs. Commander S.D. Baijal and ors.

Court : Supreme Court of India

Subject : Criminal

Acts : Maritime Zones of India (Regulation of Fishing by Foreign Vessels) Act, 1981 - Sections 10, 11, 12 and 13; Indian Penal Code (IPC), - Sections 302

Reported in : AIR1988SC603; (1988)90BOMLR56; 1988CriLJ855; 1988(1)Crimes524(SC); JT1988(1)SC202; 1988(1)SCALE69; (1988)1SCC507; [1988]2SCR641

Court in an appeal by special leave. This Court held on an interpretation of Section 63(1) of the Bengal Excise Act, 1909 that the words 'shall be liable to confiscation' as used in the context convey an absolute imperative to

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 … c. Reconciling the potential overlap between Entry 52 of List I and Entry 8 of List II ......................................................................................................... 63 iv. Scope of Entry 8: Meaning of ‘intoxicating liquor’ ............................... 70 a. Precedent on the interpretation of ‘intoxicating

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 … 25, Evidence Act, Queen.Empress v. Salemuddin (1899) 26 Cal 569, Queen-Empress v. Indra Chandra Pal (1898) 2 CWN 637. Queen. Empress v. Keta Baisnavi (1897) 2 CWN CLXXX (180). Also Nazir Jharu dar v. King.Emperor (1905) 9