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The State Vs. Satyanarayan Mallik

Court : Orissa

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1898 - Sections 103, 163 and 165; Bihar and Orissa Excise Act, 1915 - Sections 47 and 55

Reported in : AIR1965Ori136; 1965CriLJ112

(a) read with Sections 55 and 47 (b) of the Bihar and Orissa Excise Act. The Excise Sub-Inspector P. W. 3 made a search of … stood charged under Section 47 (a) read with Sections 55 and 47 (b) of the Bihar and Orissa Excise Act. The Excise Sub-Inspector P. W. 3 made a search of his house on 27-7-1963, and recovered 22 hemp … There are no materials on record proving otherwise. Law is well settled that non-compliance with the provisions of Section 103, Cr. P. C. is a mere irregularity (See Sunder Singh v. State of Uttar Pradesh, (S) AIR 1956

Har Shankar and ors. Vs. the Dy. Excise and Taxation Commr. and ors.

Court : Supreme Court of India

Subject : Excise

Acts : Punjab Excise Act, 1914 - Sections 3(9), 5, 8, 16, 17, 20, 20(1), 20(2), 24, 24(4), 26, 27, 27(2), 34, 34(1), 35(2), 36, 43, 56, 58, 59, 60 and 60(1); Bombay Prohibition Act, 1949; Cochin Abkari Act; Bombay Lotteries and Prize Competition Control and Tax Act, 1948; Punjab Liquor Licence Rules, 1956 - Rules 1, 11, 12, 23, 24, 27A, 28, 30, 31, 35, 36, 36 (23-A), 59 and 103(1); Punjab Liquor Licence (First Amendment) Rules, 1968 - Rule 27-A; Prohibition and Excise Laws; Federal law; Constitution of India - Articles 14, 19, 19(1), 19(6), 47, 132(1), 133(1), 226, 298 and 301; Ajmer Excise Regulation - Regulation 1915; Bombay Abkari Act, 1878; Bengal Excise Act, 1909; Madras Abkari Act, 1886; Eastern Bensal and Assam Excise Act, 1910; Bihar and Orissa Excise Act, 1915 - Sections 2

Reported in : AIR1975SC1121; (1975)1SCC737; [1975]3SCR254; MANU/SC/0321/1975

Province, the Eastern Bensal and Assam Excise Act 1910; the Bihar and Orissa Excise Act 1915; the Cochin Abkari Act as amended by the Kerala … sale of country spirit, foreign liquor, Beer, etc. shall be granted subject to the provisions of the Punjab Excise Act, 1 of 1914, (hereinafter called 'the Act') and the rules framed thereunder. By Condition 14(1), licences for retail … Section 58 the State Government may make rules for the purpose of carrying out the provisions of this Act. Section 59 empowers the Financial Commissioner by Clause (a) to regulate the manufacture, supply, storage or sale of any … foreign liquor under the system of auctioning introduced by the amended Rule 103(1) was a tax, the rule was beyond the scope of Section 38

Balukishan A. Devidaval Vs. the State of Maharashtra

Court : Mumbai

Subject : Criminal

Reported in : 1975CriLJ1891

then was) Mudholkar. JJ.. Raghubar Dayal J. dissenting) that Inspector and Sub-Inspector of Excise under the Bihar and Orissa Excise Act, 1915 were 'police officers.'(3) Soni Vallabhadas Liladhar v. Asst. Collector of Customs AIR 1965 SC 481 … Macleod, O J. and Crump, J, held in the case of a prosecution under the Bombay Salt and Excise Act, an Excise Officer was not a police officer within the meaning of Section 25 of the Indian Evidence … of Deshmukh and Apte, JJ. D/- 14-7-1971 in Criminal Revn. Appln. No. 1037 of 1970 (Bom) which arose out of a prosecution under the Imports

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

Pukhraj Pannalal Shah and ors. Vs. K.K. Ganguly and anr.

Court : Mumbai

Subject : CustomsCriminal

Acts : Code of Criminal Procedure (CrPC) , 1898 - Sections 5(2), 162 and 439; Criminal Law; Evidence Act, 1872 - Sections 25; Customs Act, 1962 - Sections 104(3) and 108; Constitution of India - Article 20(3)

Reported in : AIR1968Bom433; (1968)70BOMLR231; 1968CriLJ1617

of Bihar, : 1964CriLJ705 . That case arose under the Bihar and Orissa Excise Act, 1915, where it is strenuously argued, the earlier view has … in Raja Ram v. State of Bihar, : 1964CriLJ705 . That case arose under the Bihar and Orissa Excise Act, 1915, where it is strenuously argued, the earlier view has been modified. In this case the statement was … the old Act. Evidently, it is intended to safeguard the citizen and cannot affect the question at issue. Section 103 of the Act of 1962 is akin to Section 170-A of the old Act, which came to be … Customs limits.14. Section 102 of the Act of 1962 is somewhat similar to S. 170 of the old Act. Section 170 of the old Act provided that if the person about to be searched required the officer, the

State Of U.p. . Vs. M/s. Lalta Prasad Vaish And Sons

Court : Supreme Court of India

Subject : Land Acquisition

securing equitable distribution and availability at fair prices. ii. The judgment in Synthetics (7J) 6. The United Provinces Excise Act 191013 was enacted to “consolidate and amend the law in force in the United Provinces relating to the … of List I, both Parliament and the State Legislature will have the 103 (2001) 2 SCC201[158]. 104 (1954) 2 SCC152Page 55 of 123 PART E … seems to us that the observations made by this Court in Hingir-Rampur Coal Co. Ltd. v. State of Orissa [AIR1961SC459: (1961) 2 SCR537 , State of Orissa v. M.A. Tulloch and Co. [AIR1964SC1284: (1964) 4 SCR461 , … of the decision in Tika Ramji to the dispute ...... 115 viii. Section 18G of IDRA and Entry 33 of List III .................................... 119 F.

Karnataka Wine Merchants Association Vs. State of Karnataka

Court : Karnataka

Subject : Excise

Acts : Karnataka Excise Act, 1965; Karnataka Excise (Amendment) Act, 1994 - Sections 24; Karnataka Excise (Sale of Indian and Foreign Liquor) (Amendment) Rules, 1968 - Rule 8 and 8A

Reported in : ILR1995KAR2599; 1995(4)KarLJ214

Decisions 14, to contend that when an identical provision as contained in Section 24 was available in the Orissa Excise Act, it was noticed that when there was no specific provision in relation to grant of lease … 1. In these Petitions, petitioners are calling in question the Constitutional validity of Section 24 of the Karnataka Excise Act as amended by Act No. 2/1994 and the' Rules framed under the Act known as the Karnataka Excise … case the question that fell for consideration was that validity of Rule 103 was challenged on the ground that the charge for the grant of

Northern Railway Vendor's Industrial (Service) Society Ltd. Vs. Union ...

Court : Delhi

Subject : Civil

Acts : Constitution of India - Article 14

Reported in : 15(1979)DLT100

or reject all or any of the tenders is also contained in section 29 of the Bihar Orissa Excise Act 1951 which came up for consideration before the Supreme Court in The State of Onssa and other v. … [1972]3SCR784 . The Supreme Court had earlier taken the view that the 103 right to trade in intoxicant drugs is a, right to carry on … one of the terms of the terms of the contract itself. In Tarlochan Misra etc. v. State of Orissa and other 1971(3) S.C.C. 158, clause vii of rule 5(b) of the Orissa Kendu leaves (control of trade)

Mineral Area Development Authority Etc. Vs. M/s Steel Authority Of Ind ...

Court : Supreme Court of India

Subject : Land Acquisition

Income Tax Act 1961 on the payment of bottling fees made to the State Government under the Rajasthan Excise Act 1950. Section 43-B(a) allowed a deduction in respect of any sum payable by the assessee by way of … (emphasis added) 101 Ibid, 7124 102 Rule 41, Mining Concession Rules 1948. 103 Lok Sabha Debates, Volume VIII (11th November to 22nd November, 1957, Third … are spatially located in a few mineral rich states, namely, Andhra Pradesh, Chhattisgarh, Gujarat, Jharkhand, Karnataka, Madhya Pradesh, Orissa, Rajasthan, and West Bengal.11 Since mineral resources are a shared inheritance of the people, it has always been

Tofan Singh Vs. The State Of Tamil Nadu

Court : Supreme Court of India

Subject : Right to Information

that a confession made to an Excise Inspector under the Bihar and Orissa Excise Act of 1915, would be a confession made to a police … the NDPS Act, being a penal statute, is in contradistinction to the Customs Act, 1962 and the Central Excise Act, 1944, whose dominant object is 2 to protect the revenue of the State, and that therefore, judgments rendered … that expression in Section 25 of the Evidence Act.” (at pages 347-348) 103 90.The Court then held, in a significant passage, that a confession made … 38.On the other hand, the CrPC has been made expressly applicable by the following sections of the NDPS Act: section 34(2), which refers to the form of a security bond; section 36B, which refers to the High Court’s