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Oct 05 2010

Ashok Kumar Majhi and Another. Vs. State of Orissa and ors.

Court : Orissa

Decided on : Oct-05-2010

Subject : Excise

Acts : Bihar and Orissa Excise Act - Section 22, A 29(2)(a) Read With Rules 3, 4; Foreign Liquor Rules - Rule 3, I 3-A.

submitted that by way of _ an P amendment in the year 2005 i.e. on 29.3.2005 the State _ .V Government amended the Orissa Excise … objection dated 11.11.2009 under Annexure-3 did not satisfy the requirement of Section 22 of the Bihar and Orissa Excise Act, 1915 since the notice failed to specify the "loca1ity" and the "loca1 area" within i which the excise … the social workers and villagers of village Boden in the A District of Nuapada in the State of Orissa have prayed for quashing of i ' Notice No.248 dated 10.7.2010 issued by the Collector & Districtpetition and

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Feb 07 2006

Bhimsen Sahu and anr. Vs. State of Orissa and ors.

Court : Orissa

Decided on : Feb-07-2006

Subject : ExciseConstitution

Acts : Bihar and Orissa Excise Act, 1915 - Sections 2(8), 8, 8(2), 29(2), 89 and 89(2); Orissa Excise Rules, 1965 - Rules 32, 59 and 60

Reported in : 101(2006)CLT524

as the sole qualified/eligible applicant for the privilege in respect of out-still shops of Gopalpur.2. The Government of Orissa in Excise Department as per its policy for the year 2005-06 decided to grant exclusive privilege in respect … along with other districts for the remaining period with effect from 1.8.2005 (Annexure-1) under the Bihar and Orissa Excise Act, 1915 (hereinafter referred to as 'the Act'). Accordingly, the erstwhile Revenue & Excise Deptt. Notification No. 634-Ex-66/89 EX … Ray, Learned Senior Counsel, submitted that since efficacious remedy is available under Section 2(8) of the Bihar and Orissa Excise Act and Rule 60 of … the notification/order/rule has not been challenged.4. The Opp. Party Nos. 5 & 7 have filed counter with the averments that grant of exclusive privilege by

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Feb 18 2009

PrawIn Kumar Vs. State of Orissa and ors.

Court : Orissa

Decided on : Feb-18-2009

Subject : Excise

Reported in : 107(2009)CLT385

transparency and making safe the huge Govt, revenue involved.As per provisions under Section-23 of the Bihar and Orissa Excise Act 1915(1) a grantee of an exclusive privilege under Section 22 shall not let or assign the same or … licence Nos. 18/04/05 to 27/04-05 which had been renewed from 1st April, 2005 to 31st March, 2006 on deposit of consideration amount fixed by the … cause notice under Annexure-4 for inclusion of name of Opp. Party No. 7 in the existing licences of the Petitioner and subsequently inclusion of name … Sri Prawin Kumar entered into a partnership deed with one Sri Rajesh Kumar Sahu of Titilagarh, Dist: Bolangir, Orissa on 1.5.05 declaring therein that he has already applied for addition of the name of Sri Rajesh Kumar

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Oct 04 2016

M/s. Ghodawat Energy Pvt. Ltd. Vs. The State of Maharashtra, Through t ...

Court : Mumbai

Decided on : Oct-04-2016

Subject : Land Acquisition

However, the duty levied under the ADE Act is over and above the duty levied under the Central Excise Act and to distinguish it from duties levied under the Central Excise Act popularly, known as additional duties of … in Chapter 24 of the 1985 Act, pan masala may or may not contain tobacco. 32. The Finance Act, 2005 (18 of 2005) substituted the First Schedule to the ADE Act with a new First Schedule that did … tobacco has never been declared to be a good of special importance in inter-State trade or commerce. (f) Section 7 of the Act was repealed in 1958 and, therefore, was not in force in 2006, when the impugned … 367 (Mad.) (11) K.C. Gajapati Narayan Deo and Ors. v. State of Orissa 1954 SCR 1. (12) P. Vajravelu Mudaliar v. Spl. Deputy Collector for

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May 04 2023

M/s Trimurthi Fragrances (p) Ltd. Through Its Director Shri Pradeep Ku ...

Court : Supreme Court of India

Decided on : May-04-2023

Subject : Sales Tax

at Sl. No.22 and that the expression (tobacco) refers to what is defined as such under the Central Excise Act, 1944 (hereafter “CEA”). Consequently, to ascertain "tobacco", one has to refer to the CEA read with Chapter 24 … classes of goods specified in the Third Schedule shall be liable to pay any tax under this Act.” Section 7 of the DST reads as follows: “7. Tax Free Goods (1) No tax shall be payable under this … relied on Kothari Products Ltd. v. Government of A.P8 and State of Orissa v. Radheshyam Gudakhu Factory9. This court in Radheshyam Gudakhu Factory (supra), noted

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Feb 12 2013

The Rajasthan State Industrial Development and Investment Corporation ...

Court : Supreme Court of India

Decided on : Feb-12-2013

Subject : Property

Acts : Rajasthan Land Acquisition Act, 1953 - Sections 4(1), 6, 48, 4, 5; Constitution of India - Article 14

v. State of Madhya Pradesh and Ors., AIR 1981 SC 1636; and Eskayef Ltd. v. Collector of Central Excise, (1990) 4 SCC 680, this Court held that when discrimination is glaring, the State cannot take recourse to … SC 1953; Dhurandhar Prasad Singh v. Jai Prakash University and Ors., AIR 2001 SC 2552; and Government of Orissa v. Ashok Transport Agency and Ors., (2002) 9 SCC 28).12. Even if the lands of other similarly situated … village Durgapura stood notified under Section 4(1) of the Rajasthan Land Acquisition Act, 1953 (hereinafter referred to as the `Act’) on 18.7.1979, for a public

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May 11 2016

Swaraj Abhiyan Vs. Union of India and Ors.

Court : Supreme Court of India

Decided on : May-11-2016

Subject : Land Acquisition

States that is Uttar Pradesh, Madhya Pradesh, Karnataka, Andhra Pradesh, Telangana, Maharashtra, Odisha, Jharkhand and Chhattisgarh. Drought or “semi-scarcity” has since been declared very recently … of the NDRF are drawn from the National Calamity Contingency Duty imposed on specified goods under the Central Excise Act and the Customs Act. In addition to this, the Government of India also releases funds for the NDRF.31. … under the Mahatma Gandhi National Rural Employment Generation Scheme framed under the Mahatma Gandhi National Rural Employment Guarantee Act, 2005 (for short “the NREGA Act”). It has also prayed that food grains be made available as specified under … affected by a possible drought-like situation usually belong to the most vulnerable sections of society. The sound of silence coming from these States subjects the … December to March (north-east monsoon), is less than 75% of the average rainfall for the season and

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Oct 08 2004

Orissa Consumers' Association and Anr. Vs. Orissa Electricity Regulato ...

Court : Orissa

Decided on : Oct-08-2004

Subject : Electricity

Acts : Electricity Act, 2003 - Sections 179, 181, 181(3) and 182; Orissa Electricity Regulatory Commission (Conduct of Business) Regulations, 2004 - Regulation 2; General Clauses Act, 1897 - Sections 23, 23(2) and 23(5); Information Technology Act, 2000 - Sections 2(1), 4 and 8; Orissa Electricity Regulatory Commission (Terms and Conditions for Determination of Tariff for Retail Sale of Electricity) Regulations, 2004 - Regulation 2

Reported in : AIR2005Ori11

support of this contention. He also relied on the decisions of the Supreme Court in Collector of Central Excise v. New Tobacco Co., AIR 1998-SC 668, in which it has been held that mere printing of a … Act, 1860 with the object of protecting the right, interest and welfare of consumers in the State of Orissa. The petitioner No. 2 is, a consumer of electricity. The Grid Corporation of Orissa Limited (for short, 'GRIDCO') … Act and to furnish relevant information to the petitioner No. 1 under Section 6 of the Freedom of Information Act.2. On 20-7-2004, the Court issued

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Oct 09 2017

State of Kerala and Others Vs. fr.william Fernandez Etc Etc

Court : Supreme Court of India

Decided on : Oct-09-2017

Subject : Right to Information

attracts the duty, even though it may be collected later; and we may draw attention to the Sugar Excise Act in which it is specially provided that the duty is payable not only in respect of sugar which … order under Section 9C of the 1999 Act has been made by way of Orissa Entry Tax (Amendment) Act, 2005 which came into force with effect from 19.05.2005. The writ petition has been dismissed by the Division Bench … 5. In the appeals arising out of the judgments of the High 7 Court of Orissa, most of the appeals have been filed against judgments … are concerned only with entry tax legislations of States, namely, State of Orissa, State of Bihar, State of Kerala and State of Jharkhand, the relevant

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Nov 25 2005

Knight Queen Industries (P) Ltd. Through Its Authorised Signatory Sh. ...

Court : Allahabad

Decided on : Nov-25-2005

Subject : Sales Tax

Acts : Uttar Pradesh Trade Tax Act, 1948 - Sections 3A, 3A(1), 3D, 4, 21 and 21(2); Central Sales Tax Act, 1956 - Sections 7, 8A and 15; Uttar Pradesh Trdde Tax (Second Amendment) Act, 2000; Uttar Pradesh General Clauses Act, 1904 - Sections 21 and 21(2); Insecticides Act, 1968 - Sections 9(4); Uttar Pradesh Sales Tax Act; Gujarat Sales Act, 1969; Orissa Sales Tax Act, 1947 - Sections 6; Central Provinces and Berar Sales Tax (Amendment) Act; Central Excise Act; Kerala General Sales Tax Act, 1963; Constitution of India - Article 136; Insecticides Rules, 1971 - Rule 19(3) and 19(4); Uttar Pradesh Trade Tax Rules, 1948 - Rule 41(1) and 41(7); Customs Act; Allahabad High Court Rules, 1952 - Rule 2; Sales Tax Law

Reported in : [2006]145STC226(All)

Exercise Nagpur : 1996(83)ELT492(SC) the Supreme Court observed-The Tribunal rightly points out that in interpreting statues like the Excise Act the primary object of which is to raise revenue and for which purpose various products are differently classified, … wherein in column 7 he has mentioned the commodity traded as ' Mosquito Repellent, Mats/Coils etc'. Similarly under Section 7 of the Sales Tax Act, 1956 (hereinafter referred to as Act') the petitioner applied for registration in ' … Ghaziabad vide judgment and order dated 20-2-2003 following the decision of the Orissa High Court in the case of Sonic Electrochem (P) Ltd. v. State … to the facts of the case of Writ Petition No. 1214 of 2005Knight Queen Industries (P) Ltd. v. State of U.P. through Institutional Finance Secretary,

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