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Tunilata Mallick Vs. State of Orissa and Others

Court : Orissa

Subject : Excise

Acts : Bihar and Orissa Excise Act - Section 47(a); Constitution of India - Article 21

the husband of the petitioner was booked in an Excise case under Section 47(a) of the Bihar and Orissa Excise Act vide Dharmasala Excise P.R. No.40/06-07 dated 30.09.2006. The seizure was made in presence of the independent … husband of the petitioner was booked in an Excise case under Section 47(a) of the Bihar and Orissa Excise Act vide Dharmasala Excise P.R. No.40/06-07 dated 30.09.2006. The seizure was made in presence of the independent witnesses. Memo … peace loving and law abiding citizen of the country. On 29.09.2006 at 10.30 A.M., opposite party No.4-Excise Inspector, Jajpur conducted raid in the house of

The Hingir-rampur Coal Co. Ltd. and ors. Vs. the State of Orissa and o ...

Court : Supreme Court of India

Subject : Constitution

Acts : Constitution of India - Article 372; Orissa Mining Areas Development Fund Act, 1952 - Sections 4; Adaptation of Laws Order, 1950

Reported in : AIR1961SC459; [1961]2SCR537

and in substance a levy in the nature of a duty of excise on the coal produced at the first petitioner's Rampur colliery, and as … confers on the State Government power to make rules. Section 9 prescribes penalties and provides for prosecutions; and section 10 gives protection to the specified authorities or officers in respect of anything done or intended to be done … under Art. 32 of the Constitution in which the validity of the Orissa Mining Areas Development Fund Act, 1952 (XXVII of 1952), is challenged. The … be granted after the commencement of this Act otherwise than in accordance with the rules made under this Act. Section 5 empowers the Central Government to make rules by notification for regulating the grant of mining leases or

C.D. Kamdar and ors. Vs. State of Orissa, Represented Through the Secr ...

Court : Orissa

Subject : Excise

Acts : Indian Forest Act, 1927 - Sections 2(4) and 41; Bihar and Orissa Excise Act, 1915 - Sections 2, 12, 38 and 90(7); Orissa Excise (Amendment) Act, 1975; Orissa Excise (Mohua Flower) Rules 1976 - Rules 9 and 10; Constitution of India - Articles 19, 110 and 199; Board's Excise (Fixation of Fees on Mohua Flowers) Rules, 1976 - Rule 5

Reported in : 1985(I)OLR291; (1985)TaxL.R.2497

charactristics and use of Mohua flower, it was included as an intoxicant by amending the Bihar and Orissa Excise Act, 1915 (B. and O. Act 2 of 1915) (here in after referred to as the 'Act'), in Orissa … which a fee is to be paid. Rule 4 of Board's Rules prescribes the fee for that purpose. Section 10 of the Act imposes restriction on export and transport. So far as transport, it has already been indicated … on the business of purchase of Mohua flowers in the State of Orissa and export of the same outside the State. They have assailed the

Sri Kailash Nahak @ Naik and ors. Vs. State of Orissa

Court : Orissa

Subject : Criminal

Reported in : 2008CriLJ2909; 2008(I)OLR666

filed under Sections 439, Cr.P.C. In all these cases offence under Section 47 (a) of the Bihar and Orissa Excise Act, 1915 (hereinafter referred to as 'the State Act') has been alleged.2. Mr. S. Pradhan, learned Counsel … under Sections 439, Cr.P.C. In all these cases offence under Section 47 (a) of the Bihar and Orissa Excise Act, 1915 (hereinafter referred to as 'the State Act') has been alleged.2. Mr. S. Pradhan, learned Counsel appearing for … above cases, the BLAPL Nos. 7840, 8580, 8690, 8896, 8974, 8986, 9948, 10559, 10826, 11737 and 12903 of 2007 are applications filed under Section 438,

Lakhanlal and ors. Vs. the State of Orissa and ors.

Court : Supreme Court of India

Subject : Excise

Acts : Bihar and Orissa Excise Act, 1915 - Sections 7(1), 22, 22(1), 22(2) and 29

Reported in : AIR1977SC722; (1976)4SCC660; [1977]1SCR811

held that it was a tax which was not contemplated by Section 38 of the Bihar and Orissa Excise Act, 1915, hereinafter referred to as the Act, and that Rule 103(1) of the Board's Excise Rules in regard … 68,000/-on account of two months' 'fees', in advance, as required by Rule 103 of the Board's Excise Rules, 1965. Raghunandan Saha, who was the unsuccessful … M.H. Shinghal J.1. These appeals by certificate or special leave are directed against judgments of the Orissa High Court dated May 15, 1970, February 3, 1971, April 16, 1971, May 7, 1971, September 6, 1971

Tata Iron and Steel Co. Ltd. Vs. State of Bihar and ors.

Court : Patna

Subject : Civil

heavily relied by Sri Gadodia counsel for the 2nd respondent. In Papiah's case, Section 22 of the Karnataka Excise Act was impugned on the ground of impermissible delegation of legislative power. Section 22 conferred on Govt. a power … carrying mining operation, the annual value is the royalty or the dead rent payable to the Government. Under Section 10 proceeds of the cess is to be credited to the consolidated fund of the State to be utilised … the impugned provisions of the Act and proceeding under the Bihar & Orissa Public Demand Recovery Act for recovery of arrear of cess and water

M/S. Shree Maruti Cloth Store. Vs. the Sales Tax Officer,cuttack.

Court : Orissa

Subject : Other Taxes

Acts : Orissa Entry Tax Act - Sections 9 (1),10 Rule 15D; Uttar Prsdesh (U.P) Trade Tax Act - 21(2); Central Excise and Salt Act - 4, 11, 11-A, 35-L.

Shankaranarayana Kedambolithaya and others (A.I.R. 1965 S.C. 241), M/s. Mysore Rolling Mills (P) Ltd. V. Collector of Central Excise, Belgaum (A.I.R. 1987 S.C. 1188) and Additional Commissioner (Legal) and another V. M/s. Jyoti Traders and another etc. … 1. C.R. DASH, J. Section-9 of the Orissa Entry Tax Act, as it stood before amendment by Orissa Entry Tax (Amendment) Act, 2005 (referred to as

State of Orissa and ors. Vs. Harinarayan Jaiswal and ors.

Court : Supreme Court of India

Subject : Excise

Acts : Constitution of India - Articles 14, 19(1) and 19(6); Bihar and Orissa Excise Act, 1915 - Sections 2(9), 22, 29, 29(1) and 29(2); Indian Councils Act, 1892 - Sections 5; Orissa Excise Rules, 1965; Bihar and Orissa Excise (Amendment) Act, 1970

Reported in : AIR1972SC1816; 38(1972)CLT481(SC); (1972)2SCC36; [1972]3SCR784

carrying on the business of selling country liquor. In pursuance of the order made by the State of Orissa, the Excise Commissioner notified on January 8, 1971 that the exclusive privilege of selling by retail the country … law as well as the orders passed by the Government under Section 29 of the Bihar and Orissa Excise Act, 1915 (as amended upto October 6, 1970) (to be hereinafter referred to as the Act). The preamble to

Ajit Kumar Routray Vs. State of Orissa and ors.

Court : Orissa

Subject : Land Acquisition

order No.2158/Ex. dated 05.04.2013 (for short, “Order”.) issued by the Government of Odisha in Excise Department prescribing the procedure to be followed in conducting “e-auction”. … ground that such Excise Policy and order are without jurisdiction, contrary to the provisions of Bihar and Orissa Excise Act, 1915 (in short ‘the Act”.) and the Orissa Excise Rules, 1965 (in short “the Rules”.), arbitrary, irrational, discriminatory, … 196.SC 108.considered a Scheme evolved by the State of Orissa for sale and disposal of Kendu leaves under Section 10 of Orissa Kendu Leaves (Control of Trade) Act, 1961. Under the Scheme, the Government offered to renew the

Utkal Distilleries Ltd. (In All) Vs. State of Orissa and ors.

Court : Orissa

Subject : Excise

Reported in : 2009(I)OLR616

from the years 1994-95 to 2004-05.2. The brief facts of the case are that the Commissioner of Excise, Orissa, vide Order dated 12.9.1990 (Annexure-1) granted licence in favour of the company M/s. Sitansu Mohan Pattnaik & Co. … for potable purpose and, therefore, unfit for human consumption.Sub-section 1 of Section 27 of the Bihar & Orissa Excise Act, 1915 (hereinafter referred to as 'the Act, 1915') deals with the power to impose duty on import, transport … its report on 17.6.1993. The said writ petition was disposed of on 10.1.1995 with a direction to opposite party No. 1 to take a decision