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SabuddIn Sheikh Mansur Vs. J.S. Thakar and anr.

Court : Gujarat

Subject : Criminal

Acts : Bombay General Clauses Act, 1904 - Sections 6, 7, 15, 16, 17, 17(1), 18 and 20; Bombay Police Act, 1951 - Sections 55, 56 and 57; Indian Penal Code (IPC) - Sections 39, 39(1); Opium Act, 1878 - Sections 3; Code of Criminal Procedure (CrPC) , 1973 - Sections 39 and 245; Assam Opium Prohibition Act - Sections 16; Land Acquisition Act - Sections 3; Code of Civil Procedure (CPC), 1908; Suppression of Immoral Traffic in Women and Girls Act, 1956 - Sections 2; Bombay Prevention of Gambling Act - Sections 6(1)

Reported in : AIR1969Guj1; 1969CriLJ50; (1968)GLR142

'specially empowered'. This distinction was clearly pointed out in AIR 1915 Mad 1159, where Section 3 of the Opium Act, 1878, had to be interpreted,'However, so far as Savlaram's case, 49 Bom LR 798 = (AIR 1948 Bom 156) … intended to post there only such assistant or Deputy Superintendent as was competent to exercise the power under Section 6 of the Act. This would be covered by the words 'in virtue of their office' used in Section

Dinshaw J. Javery Vs. Secretary of State for India

Court : Mumbai

Subject : Service

Reported in : (1922)24BOMLR210; 67Ind.Cas.280

appointment of the plaintiff was made by the Commissioner of Customs under Section 6 of the Bombay Abkari Act, 1878, and not by the Government direct; that as Section 7 of the Act restricted the power of the … order dated the 13th September 1917 he was dismissed from service by Mr. Arthur, Commissioner of Customs, Salt Opium and Abkari, Bombay.3. Two preliminary issues have been raised in the suit: (1) whether the plaintiff held his

B.C. Narasimha Murthy Vs. the Commissioner of Excise, Bangalore and Ot ...

Court : Karnataka

Subject : Excise

Acts : Karnataka Excise (Sale of Indian and Foreign Liquors) Rules, 1968 - Rules 4 and 5; Constitution of India - Article 226; Karnataka Excise Act, 1965 - Sections 26 and 29; Dangerous Drugs Act, 1930; Medicinal and Toilet Preparations (Excise Duties) Act, 1955; Trade and Merchandise Marks Act, 1958; Indian Penal Code (IPC), 1860 - Sections 481, 482, 483, 484, 485, 486, 487. 488 and 489; Customs Act, 1962 - Sections 112 and 114; Opium Act, 1878; Bombay Cinema Rules, 1954 - Rules 6, 93, 102 and 107; Madras Cinema Regulation Rules, 1957 - Rule 13; Karnataka Cinema Rules, 1971

Reported in : ILR1998KAR2596; 1998(5)KarLJ491

aforesaid may cancel any other licence or permit granted to such person under this Act or under the Opium Act, 1878. (3)The holder shall not be entitled to any compensation for its cancellation or suspension nor to the refund … for interference under the extraordinary jurisdiction under Article 226 of the Constitution.11. Writ petition is accordingly dismissed. - Section 6: [D.V.Shylendra Kumar,J] Arrears of Sale Tax -Simultaneous Recovery Proceedings Whether maintainable - Held, Yes. Government is not prevented

Superintendent, Prohibition and Excise, Bhimavaram, Eluru, W. G. Dist. ...

Court : Andhra Pradesh

Subject : Excise

Acts : Andhra Pradesh Excise Act, 1968 - Sections 31, 31(1), 32 and 36; Andhra Pradesh Excise Rule - Rule 6; Constitution of India - Articles 14, 19(1), 226 and 229; Narcotics Drugs and Psychotropic Substances Act, 1985; Medicinal and Toilet Preparations (Excise Duties) Act, 1955; Trade and Merchandise Marks Act, 1958; Indian Penal Code (IPC), 1860 - Sections 481, 482, 483, 484, 485, 486, 487, 488 and 489; Customs Act, 1962 - Sections 112 and 114; Opium Act, 1878; Andhra Pradesh Foreign Liquor and Indian Liquor Rules, 1970

Reported in : 1998(6)ALD204; 1998(5)ALT498

may cancel any other licence granted or permit issued to such persons under this Act, or under the Opium Act, 1878. (3) The holder of licence or permit shall not be entitled to any compensation for its cancellation or … JyotiBhattacharjee & others, in appeal arising out of matter No.72 of 1995). 6. While it is true that there ought not to be any hesitation … impugned memorandum. The challenge in the writ petition pertains to an order of suspension of liquor licence under Section 31(1) of the Andhra Pradcsh Excise Act, pending enquiry. 9. As noted above, the learned single Judge granted

Organon (India) Ltd. (Now Known as Infar (India) Ltd. and Another Vs. ...

Court : Supreme Court of India

Subject : CriminalNarcotics

Acts : Dangerous Drugs Act, 1930 - Sections 5 and 7; Opium Act, 1878 - Sections 2, 3, 4 and 5; Constitution of India - Articles 141, 245, 301, 303, 305 and 372; Narcotics Drugs and Psychotropic Substances Act, 1985 - Sections 34, 59 and 82; Sea Customs Act, 1878 - Sections 3A; Dangerous Drugs (Import, Export and Transshipment) Rules, 1957 - Rules 2(2), 7, 9, 10, 11, 12, 13, 14, 15 and 17; Government of India Act, 1935 - Sections 292; Essential Supplies (Temporary Powers) Act, 1946 - Sections 3(1); M.P. Poppy Husk Rules, 1959 - Rules 3A, 5, 6 and 8; Central Sales Tax Act, 1956 - Sections 5; Mines & Minerals (Regulations and Development) Act, 1957 - Sections 2

Reported in : AIR1994SC2489; JT1994(4)SC438; 1994(3)SCALE421; 1995Supp(1)SCC53; [1994]Supp2SCR50

ORDERB.P. Jeevan Reddy, J.1. In these appeals, validity of Section 5 of the Opium Act, 1878 and of certain Rules made thereunder by the Madhya Pradesh Government is called in question. Though the Opium … the relevant facts.2. The appellant-company obtained a whole-sale licence in Form No.I under Rule 5 read with Rule 6 of the Madhya Pradesh Poppy Husks Rules, 1959 in February and March, 1974. In the month of March,

Northern India Caterers Pvt. Ltd. Vs. Union of India (Uoi) and anr.

Court : Punjab and Haryana

Subject : Sales Tax

Reported in : [1975]35STC121(P& H)

duty is or may Blank till 30th September, 1966, be levied under the Punjab ExciseAct, 1914, or the Opium Act, 1878.37.(as amended by Punjab Govern- All goods except Indian-made Blank.' ment Notification No. SO-213- foreign liquor on which … in connection with the sale of such liquor has been lawfully imposed in view of the provision of Section 6 of the Sales Tax Act; and(ii) beer is not 'Indian-made foreign liquor' within the meaning of that expression

Awadh Behari Singh Vs. the State

Court : Kolkata

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1898 - Section 549; ;Criminal Courts and Court-martial (Adjustment of Jurisdiction) Rules, 1952 - Rules 3 and 6; ;Opium Act, 1878; ;Opium (Amendment) Act, 1957 - Section 9; ;Civil Law

Reported in : AIR1967Cal323,1967CriLJ741

after examining two witnesses for the prosecution framed charge against the accused under Section 9 (a) of the Opium Act, 1878, as amended by Act III of 1957. The case was tried by taking evidence and he was convicted … its contents are in these words:-- 'In continuation of this office letter No. 2902 AC dated 18 Apr. 62 in reply to your letter No. 149 ED (Con) dated 31 Mar 62. No. 2610609 Naik AWADHA BEHARI

State Vs. Munafkha Lukmankha Musalaman

Court : Mumbai

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1898 - Sections 173, 251-A and 252; ;Essential Commodities Act - Sections 7 (1), 10 and 11

Reported in : AIR1968Bom311; (1968)70BOMLR69; 1968CriLJ1054

an investigation made by an Excise Officer and a report submitted by him regarding an offence under the Opium Act, 1878. Section 20-G of the Opium Act provides that the Excise officer would be considered as a being taken by … Judge relied upon the decision of the Calcutta High Court to which a reference was made in Paragraph 6 as follows:'We do not see any good reason to differ from the aforesaid view of the Calcutta High

Vino Chemical and Pharmaceutical Works Vs. the Sales Tax Officer and a ...

Court : Madhya Pradesh

Subject : Sales Tax

Acts : Central Provinces and Berar Sales Tax Act, 1947 - Sections 6; Madhya Pradesh General Sales Tax Act, 1958 - Sections 10(1); Medicinal and Toilet Preparations (Excise Duties) Act, 1955; Prohibition Act, 1938; General Clauses Act, 1897 - Sections 8; Excise Act, 1915 - Sections 27A

Reported in : AIR1965MP115; [1966]18STC466(MP)

1915 (II of 1915), or the Central Provinces and Berar Prohibition Act, 1938 (VII of 1938) or the Opium Act, 1878 (I of 1878).'So also, by Section 10(1), read with Entry 23 of Schedule I of the M. P. … the petitioner claimed that its turnover of medicinal preparations upto 31st March 1959 was exempt from tax under Section 6 read with Entry 32 of Schedule II of the Central Provinces and Berar Sales Tax Act, 1947, and

K.N. Vijayan Vs. the State

Court : Kerala

Subject : Criminal

Reported in : 1953CriLJ1613

v. Emperor AIR 1915 Mad 1159 (M), where the words 'specially empowered' occurring in Section 3 of the Opium Act, 1878, came up for consideration. In that case the Court held that where a notification empowered all Second Class … existence independent of the Cochin Penal Code and when that was replaced the Proclamation went along with it. Section 6 of the Part B States (Laws) Act, 1951 replaced the Cochin and Travancore Penal Codes with their various