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

Court : Orissa

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

Minaketan Muduli Vs. State of Orissa

Court : Orissa

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 401; Bihar and Orissa Excise Act - Sections 47; Evidence Act - Sections 45

Reported in : 2000(II)OLR647

and seized for which he found him guilty of the charge under Section 47(a) of the Bihar and Orissa Excise Act and convicted and sentenced him as stated earlier.6. On appeal the learned lower appellate Court while … action and guidance. Criminal - Liquor - Seizure of - Investigation - Section 47(a) of Bihar and Orissa Excise Act, Section 401 of Code of Criminal Procedure, 1973(Cr.P.C.) and Section 45 of Indian Evidence Act,1872 - Concerned witness while … conviction of the petitioner passed by the learned J.M.F.C., Ranpur in 2(a) C.C.No. 33/92 (Tr. No. 190/92) but modifying the sentence to R.I. for three

Liberation Education and Action for Development (Lead), Through Its Se ...

Court : Orissa

Subject : Excise

Acts : Bihar and Orissa Excise Act, 1915 - Sections 22 and 26A; Orissa Excise (Exclusive Privilege) Rules, 1970 - Rule 3

Reported in : 2002(II)OLR568

this Writ Petition filed by some of the non-Government organisations of Koraput, tribal district in the State of Orissa, in general is the Excise Policy introduced by the Government for the year 2001-2002 for settlement of Out-Still … alleged that without issuing a public notice as mandatorily required under Section 22 of the Bihar and Orissa Excise Act (hereinafter called 'the Act') and without properly considering the objections filed as required under Section 26-A of the … not to other areas - Writ petition allowed in part - Sections 100-A [As inserted by Act 22 of 2002], 110 & 104 & Letters

R.N. Kaker Vs. Shabir FidahuseIn and Another

Court : Mumbai

Subject : Criminal

Acts : Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 9, 14, 21, 41, 42, 42(2), 43, 44, 52, 53, 67 and 173; Evidence Act - Sections 25; Code of Criminal Procedure (CrPC) , 1973 - Sections 102(3), 161, 162, 173, 190 and 202; Bihar and Orissa Excise Act, 1915 - Sections 156; Sea Customs Act, 1878 - Sections 170; Central Excises Act, 1944; Railway Property (Unlawful Possession) Act, 1966 - Sections 8(1); Customs Act - Sections 108

Reported in : 1989(1)BomCR503; 1990CriLJ144

Act. Such questions have been decided mainly in relation to Bihar and Orissa Excise Act or Sea Customs Act or in relation to Central Excises … the provisions of the NDPS Act. Such questions have been decided mainly in relation to Bihar and Orissa Excise Act or Sea Customs Act or in relation to Central Excises and Salt Act. Mr. Desai, therefore, rightly started … (a) the officer-in-charge of the nearest police station, or (b) the officer empowered under S. 53 of the Act. Section 53 is material and it is as follows :'53(1) The Central Government, after consultation with the State Government … the Division Bench of the Delhi High Court (Coram R. N. Pyne, C.J. and G. C. Jain, J.) directly held that the Officers are not

Harendra Prasad Sahu Vs. State of Orissa

Court : Orissa

Subject : ExciseCriminal

Reported in : 2008(II)OLR35

Court of learned S.D.J.M., Titilagarh, for alleged commission of offence punishable under Sections 47(a)/57(c) of the Bihar and Orissa Excise Act (for short the 'Act').2. The facts as alleged in the F.I.R. is that on 07.11.2006 at … of learned S.D.J.M., Titilagarh, for alleged commission of offence punishable under Sections 47(a)/57(c) of the Bihar and Orissa Excise Act (for short the 'Act').2. The facts as alleged in the F.I.R. is that on 07.11.2006 at about 9 … S.C. Parija, J.1. The petitioner has filed this application under Section 482, Cr.P.C. challenging the initiation of criminal proceeding against him and Ors.

The State of Bombay and anr. Vs. F.N. Balsara Overruled

Court : Supreme Court of India

Subject : Media and CommunicationConstitution

Acts : Bombay Prohibition Act, 1949 - Sections 12, 13, 23, 24, 24(1), 30 to 38, 39, 40, 41, 44, 45, 52, 53, 54, 118, 119, 121, 136(1), 136(2) and 139; Specific Relief Act - Sections 45; Bombay Abkari Act, 1878 - Sections 14-B, 148; Government of India Act, 1935 - Sections 297, 297(1); Bombay Abkari (Amendment) Act, 1947; Constitution Act - Sections 100; Bengal Money-Lenders Act, 1940; Bihar Excise (Amendment) Act, 1940; Bihar and Orissa Excise Act, 1915 - Sections 19(4); Constitution of India - Articles 14, 19, 19(1), 19(5), 24(1), 47 and 132(1)

Reported in : (1951)53BOMLR982; (1951)IIMLJ141; [1951]2SCR682

case, the Bihar Excise (Amendment) Act, 1940, which amended the Bihar and Orissa Excise Act, 1915, was challenged as contravening section 297(1)(a), but it was … [1942] F.C.R. 17. In that case, the Bihar Excise (Amendment) Act, 1940, which amended the Bihar and Orissa Excise Act, 1915, was challenged as contravening section 297(1)(a), but it was held to be a valid Act on grounds … defined by the Central Government and thus seriously jeopardise as important source of central customs revenue. As under section 100 of the constitution Act the Provincial legislative powers under List II were subject to the exclusive powers of

Magati Sahoo Vs. State of Orissa and ors.

Court : Orissa

Subject : Excise

Acts : Orissa Excise Rules, 1965 - Rules 59, 60 and 61; Constitution of India, 1950 - Articles 226 and 227; Bihar and Orissa Excise Act, 1915 - Sections 8 and 89

Reported in : 97(2004)CLT444

Mohanty, learned counsel for the petitioner submitted that under the Bihar and Orissa Excise Act, 1915 (hereinafter referred to as 'the Act') and the Rules … the said notice, Mr. Ashok Mohanty, learned counsel for the petitioner submitted that under the Bihar and Orissa Excise Act, 1915 (hereinafter referred to as 'the Act') and the Rules made thereunder no appeals are normally filed against … such authorities and under such procedure as may be prescribed by Rule made under Section 89 of the Act. Section 89(1) of the Act provides that the State Government may make Rules to carry out the objects of … to the impugned demand notice dated 9.5.2003 and the certificate proceedings in C.C. No. 5 of 2003 before the Sub-Collector, Ghumusar, Bhanjanagar against the petitioner

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 … it fell on Cuttack in 1992 to see loss of more than 100 lives; and very recently this tragic drama was enacted in Patna, where

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 … 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 … view was taken in the judgment dated April 16,1971 in O. J. C. No. 242 of 1967 and the judgment dated May 7, 1971 in

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 … and is liable to be quashed - Petition allowed accordingly - Sections 100-A [As inserted by Act 22 of 2002], 110 & 104 & Letters