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Jul 22 1994

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

Court : Supreme Court of India

Decided on : Jul-22-1994

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 … manufacture of opium (Section 5) import into India and export from India and Transshipment of any dangerous drug (Section 7) - matters which are not dealt with by the Opium Act. It would be appropriate to set out

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Sep 20 1967

State Vs. Munafkha Lukmankha Musalaman

Court : Mumbai

Decided on : Sep-20-1967

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 … 1951 and also for the contravention of clause 3 of Cement Quality Control Order 1962, punishable under section 7(1)(a) (ii) read with section 10 of the Essential Commodities Act, 1955. The trial Court convicted accused No. 2

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Dec 23 2005

Indian Bank Vs. Ernakulam District H.G.M.T. Co-op. Society Ltd.

Court : Kerala

Decided on : Dec-23-2005

Subject : Banking

Acts : Recovery of Debts Due to Banks and Financial Institutions Act, 1993 - Sections 2, 3, 17, 18, 19, 31, 31(1), 31(2), 71 and 90; Kerala Co-operative Societies Act, 1969 - Sections 69 and 100; Opium Act, 1878 - Sections 11; Representation of the People Act, 1951 - Sections 81, 82, 86(1), and 117; Bengal Tenancy Act, 1885 - Sections 114(1) and 114(3); Code of Civil Procedure (CPC) - Order 7, Rule 10; Kerala Education Rules - Rule 62; Kerala Service Rules - Rule 60; Kerala Co-operative Societies Rules; Constitution of India - Articles 14, 226 and 227

Reported in : AIR2006Ker154; III(2007)BC7; [2006]131CompCas232(Ker); 2006(1)KLT479

State of Madhya Pradesh v. Azad Bharat Finance Co. and Anr. : 1967CriLJ285 interpreting Section 11 of the Opium Act, 1878 (as applicable to M.P.), Supreme Court referred to Tirath Singh's case (supra) and stated as follows:According to Mr. … agreeing among other, to repay the amount found due from the 1st respondent and an amount of Rs. 76,10,357/- became due in the account of the 1st respondent as it stood on 6-6-1996. Since respondents 1 and

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Aug 02 1983

income-tax Officer Vs. Rameshwar Prasad Kishan Gopal

Court : Income Tax Appellate Tribunal ITAT Allahabad

Decided on : Aug-02-1983

Subject : Direct Taxation

Reported in : (1983)6ITD311(All.)

Its system of accounting is mercantile. No rate of excise duty was specified on poppy heads under the Opium Act, 1878, but only under Rule 42A(J) of the U.P. Poppy Head Rules, 1961, under a notification dated 1-7-1969 vide … the assessee debited the duty in accounts and the judgment had been appealed against. It was held that Section 41(1) of the Income-tax Act, 1961 ('the Act'), could not be resorted to as it could not be

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Nov 04 1921

Dinshaw J. Javery Vs. Secretary of State for India

Court : Mumbai

Decided on : Nov-04-1921

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

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Aug 29 2001

V.P. Thimmaiah Vs. Commissioner of Prohibition and Excise, Government ...

Court : Andhra Pradesh

Decided on : Aug-29-2001

Subject : Excise

Acts : Andhra Pradesh Excise Act, 1968 - Sections 31, 63 and 64; Andhra Pradesh Prohibition Act, 1995 - Sections 7(1) and 8; Andhra Pradesh Excise Act, 1961 - Sections 31(1); Andhra Pradesh Indian Liquor and Foreign Rules, 1970 - Rules 23 and 66; The 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

Reported in : 2001(6)ALD201

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 … the said Mangala Maruthi Prasad, sezied the property and registered a case in Crime No.47 of 1998-99 under Section 7(1) read with Section 8(e) of the A.P. Prohibition Act, 1995.3. Thereafter, on the basis of the confessional

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Jan 17 1962

Raghunandhan Reddy Vs. State of Hyderabad Through Secy. of Government, ...

Court : Andhra Pradesh

Decided on : Jan-17-1962

Subject : ContractLimitation

Acts : Indian Contract Act, 1872 - Sections 3, 4, 5 and 7; Hyderabad Abkari Act, 1316F - Sections 2, 3(1), 41 and 41(2)

Reported in : AIR1963AP110

F., and Section 5 of the Hyderabad intoxicating Drugs Act, 1333 F. and Section 5 of the Indian Opium Act, 1878. Clause (1) prescribes the conditions to be satisfied before a person is permitted to bid at the auction … brought into the city or not. It may be stated that Sabucha tax is a tax of Rs. 7-8-0 imposed by the Government on each pot of toddy or sendhi of 40 seers on its entry into

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Jan 09 1957

Ramachandra Poddar Vs. the State

Court : Orissa

Decided on : Jan-09-1957

Subject : Excise

Acts : Opium Act, 1878 - Sections 9; Dangerous Drugs Act, 1930 - Sections 7(2); Dangerous Drugs (Import, Export and Transhipment) Rules, 1933 - Rules 4(1) and 11

Reported in : AIR1957Ori95; 23(1957)CLT300; 1957CriLJ529

Judge of Cuttack maintaining the conviction and sentence passed on the petitioner, under Section 9 (a) of the Opium Act for unlawful possession of 34 bags of capsules of the poppy. The said capsules were seized from his

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Apr 27 1972

Municipal Corporation of Delhi Vs. Moti Lal

Court : Delhi

Decided on : Apr-27-1972

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1898 - Sections 403; Indian Penal code, 1860 - Sections 71

Reported in : 1972CriLJ1536; 8(1972)DLT394

State 1960 Criminal Law Journal 16571. In that case the petitioner was prosecuted under section 9 of the Opium Act, 1878 for being in possession of illicit opium and it was held that recoveries made from his person and … of Moti Lal son of Bishamber Sahai, Khari Baoli, Delhi. The respon- dent, Moti Lal was prosecuted under section 7 read with section 16 of the Prevention of Food Adulteration Act, 1954 under two challans for storing khoa

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May 09 1974

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

Court : Punjab and Haryana

Decided on : May-09-1974

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

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