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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 … offence punishable under Section 120B, 302, 272 and 328 read with Sections 107 and 109 of the Indian Penal Code as well as some Sections

State of Orissa Vs. Hari Behera and anr.

Court : Orissa

Subject : Narcotics

Acts : Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 82(1); Orissa Narcotic Drugs and Psychotropic Substances Rules, 1989 - Sections 74 and 82(2) - Rule 107(2); General Clauses Act - Sections 24; Opium Act - Sections 9 and 47; Bihar and Orissa Excise Act

Reported in : 1999(II)OLR236

Excise Under Section 9 (a) of the Opium Act along with Section 47 (a) of the Bihar and Orissa Excise Act. It is admitted that the offences alleged to have been committed in both the cases took … Under Section 9 (a) of the Opium Act along with Section 47 (a) of the Bihar and Orissa Excise Act. It is admitted that the offences alleged to have been committed in both the cases took place after … inconsistent with any of the provisions made under the N.D.P.S. Act, Rule 107 of the Orissa N.D.P.S. Rules repealed the Orissa Opium Rules. Sub-rule (2)

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 … Sections 107 and 108 of the Act of 1962 relate to examination of person and giving of evidence. Section 107 enables a Customs officer empowered in this behalf by general or special order of the Collector of Customs … 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

illias Vs. Collector of Customs, Madras

Court : Supreme Court of India

Subject : Media and CommunicationCriminal

Acts : Evidence Act, 1872 - Sections 25; Customs Act, 1962; Sea Customs Act, 1878 - Sections 104(3); Code of Criminal Procedure (CrPC) - Sections 160, 161, 173 and 190

Reported in : AIR1970SC1065; 1970CriLJ998; 1985(5)LC2252(SC); 1983(13)ELT1427(SC); [1969]2SCR613

the question whether an Excise Inspector exercising powers under the Bihar & Orissa Excise Act was a police officer for the purposes of Section 25 … : 1964CriLJ705 which related to the question whether an Excise Inspector exercising powers under the Bihar & Orissa Excise Act was a police officer for the purposes of Section 25 of the Evidence Act goes a great deal … Act conferred power on customs officers to summon persons to give evidence and produce documents. Under the new Act Section 107 gives the power to customs officers empowered by general or special order of collector of customs to examine

The State of Gujarat Vs. Abdul Rehman Ismail Gurji and anr.

Court : Gujarat

Subject : Criminal

Reported in : 1972CriLJ1101

are conferred upon Inspector or Sub-Inspector of Excise by the Bihar and Orissa Excise Act. It is the possession of these powers which enables police … which a police officer enjoys are conferred upon Inspector or Sub-Inspector of Excise by the Bihar and Orissa Excise Act. It is the possession of these powers which enables police officers and those who are deemed to be … In para 14 it is observed:From this decision it follows that a Customs Officer conducting an inquiry under Section 107 or 108 of the Act is not a police officer and the person against whom the inquiry is … possession of railway property.' Section 4 deals with 'Punishment for connivance at offences' affainst the provisions of the Act. Section 5 clearly indicates:Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (5 of 1898), an offence under

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

Ram Ratan Gupta Vs. the State of Madhya Pradesh and ors.

Court : Madhya Pradesh

Subject : Contract

Acts : Constitution of India - Article 299 and 299(1); Madhya Pradesh Excise Act, 1915 - Sections 18 and 64

Reported in : AIR1974MP101; 1974MPLJ95

default and the default, If any, was on the part of the authorities constituted under the M. P. Excise Act, 1915, and, therefore, no recovery could, be made from the petitioner.5. Presently, we shall deal with the questions … Government is contemplated as per Article 299(1) of the Constitution of India.6. Section 17 of the M. P. Excise Act, 1915, lays down that no … be drawn in such cases.22. In this connection we might advert to a Division Bench case of the Orissa High Court, presided over by G.K. Mishra, C. J. and R.N. Misra, J. in Ajodhya Prasad Shaw v. … Court in EL C. Narayanappa v. State of Mysore, AIR 1960 SC 1073, Scheme framed under Section 68-C is a 'law' within the meaning of

Surajit Nundy and Others Vs. Management of Mirambika Free Progress Sch ...

Court : Delhi

Subject : Land Acquisition

of Andhra Pradesh in the context of re-location of un-disposed shops from an area under the Andhra Pradesh Excise Act, 1968 in B. Venkateswarlu Vs. Government of A.P. Revenue (Excise) Department MANU/AP/0079/2014, reference therein made to Shaktikumar M. … to Rule 55 is in Dashmesh Education Society Vs. Director of Education 107 (2003) DLT 301 where a school had been de-recognised for shifting from … least the High Court of Bombay in Sheela Sachidananda Damle Vs. Dy. Director of Education MANU/MH/0535/1981 and the Orissa High Court in Basudev Sarangi Vs. Inspector of Schools MANU/OR/0075/1971 and certain observations of the Supreme Court in … a building for a Research Wing, Teachers Training Wing, Children Wing (Nursery Section), Library and Auditorium; (ix) DDA vide office note dated 28th August, 1984

Collector of Customs, Madras Vs. Kotumal Bhirumal Pihlajani and ors.

Court : Chennai

Subject : Criminal

Acts : Indian Penal Code (IPC), 1860 - Sections 120-B; Customs Act, 1962 - Sections 107, 108 and 135; Foreign Exchange Regulation Act - Sections 23(1)(A) and 23(B); Defence of India Rules - Rule 131-B; Evidence Act - Sections 25; Code of Criminal Procedure (CrPC) - Sections 5(2), 161 and 162; Constitution of India - Article 20(3); Sea Customs Act - Sections 171-A

Reported in : AIR1967Mad263; 1967CriLJ1007

from a confession to a police officer. They also pointed out the distinction between the Bihar and Orissa Excise Act and the sea Customs Act in two respects, one what that the former does not exercise any judicial … offence, can be considered to be police officers, within the meaning of Section 25 of the Indian Evidence Act. Section 107 of the Act 52 of 1962 reads thus: (Section quoted)Section 108 reads thus: (Section quoted).(18) We purpose to … v. State of Bihar, . That case arose under the Bihar and Orissa ExciseAct, 1915, which had a provision under Section 78(3) to the effect

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 … as a police officer never acts judicially. (6) The precise question with 107 which we are concerned in this case, namely, whether officers of departments … 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