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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 … powers of an officer-in-charge of a police station by virtue of notifications. He also pointed out that under Section 108 of the Customs Act, the officer who records the statement is given the status of a judicial officer … (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

Vijay Madanlal Choudhary Vs. Union Of India

Court : Supreme Court of India

Subject : Land Acquisition

be a police officer. Then, the PMLA is distinguished from the 1962 Act, Sea Customs Act, 187826, Central Excise Act, 194427 and the CGST Act. The dissenting opinion of Subba Rao, J.in Barkat Ram28 is also relied upon. … 1878 Act, inserted by Section 12 of the Sea Customs (Amendment) Act, 1955; Section 108 of the 1962 Act; Section 14 of the Central Excises and Salt Act, 1944118 and Section 40 of the FERA. Learned counsel further

Ajit Kumar Routray Vs. State of Orissa and ors.

Court : Orissa

Subject : Land Acquisition

to as “Excise Policy”.) and subsequent 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”. to settle the IMFL OFF Shops … 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, … a clear case of discrimination; ‘e-auction’ process is beyond the scope of Section 29(2) of the Act since Section 29(2) does No.empower the State authorities … Court in the case of Rasbihari Vs. State of Orissa, AIR 196.SC 108.considered a Scheme evolved by the State of Orissa for sale and disposal

M/s. Jayaswal Neco Industries Ltd. Vs. State of Chhattisgarh and Anoth ...

Court : Chhattisgarh

Subject : Education

a decision reported in Eagle Flask Industries Ltd. Vs. Commissioner of Central Excise Pune[(2004) 7 SCC 377], their Lordships of the Supreme Court clearly held … right to enjoy the property in which the property can be enjoyed by the lessee, in accordance with Section 108 of the Transfer of Property Act, 1882 which regulates the rights and liabilities of the lesser and lessee … noticing, the decision of the Patna High Court in CIT Bihar and Orissa v. Kumar Kamaksha Narain Singh which is in point. In that case, … would be appropriate to notice definition of lease and immovable property as defined in the Transfer of Property Act. Section 105 of the Transfer of Property Act, 1882 defines lease of immovable property as under: “105. Lease defined:

Tofan Singh Vs. The State Of Tamil Nadu

Court : Supreme Court of India

Subject : Right to Information

provisions of Section 67 of the Act cannot be interpreted in the manner in which the provisions of Section 108 of the Customs Act or Section 14 of the Excise Act had been interpreted by a number of … 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 … 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

Raghunath Sahoo and Satrughna Sahoo Vs. State of Orissa

Court : Orissa

Subject : Criminal

Acts : Bihar and Orissa Excise Act, 1915 - Sections 47; Evidence Act, 1872 - Sections 45

Reported in : 2002(II)OLR490

Appeals have been dismissed by the learned Appellate Courts under Section 47(a) and (f) of the Bihar and Orissa Excise Act. Hence these revisions.2. In Criminal Revision No. 108/95 the factual matrix leading to filing of this … have been dismissed by the learned Appellate Courts under Section 47(a) and (f) of the Bihar and Orissa Excise Act. Hence these revisions.2. In Criminal Revision No. 108/95 the factual matrix leading to filing of this revision is

Husen Bhenu Malad Vs. State of Gujarat

Court : Gujarat

Subject : Criminal

Acts : Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 20, 23, 29, 30, 36A, 36B, 41(2), 42, 42(1), 42(2), 43, 52, 52(3), 53, 55, 56, 57 and 67; Foreigners Act, 1946; Indian Passport Regulations Act; Customs Act, 1962 - Sections 108; Constitution of India - Article 20(3); Code of Criminal Procedure (CrPC) , 1973 - Sections 164, 313 and 374(2); Evidence Act - Sections 24 and 25

Reported in : 2003CriLJ5070; (2003)4GLR916

of Rajasthan, 2000 Cri.LJ 4635.(x) K.I. Pavunny v. Assistant Collector (HQ), Central Excise Collectorate, Cochin, (1997) 3 SCC 721.(xi) Bipinbhai A. Patel v. State of … Bhuj, the Customs Department was given the custody of the accused on 7.8.1994. Statements of the accused under Section 108 of the Customs Act and under Section 67 of the NDPS Act were recorded on the same day. … Mishra, Air Customs Officer, IGI Airport v. Nicelai Christensen, 1997 (4) Crimes 108.(viii) Satyanarayan Das v. State of Orissa, 1999 Cri.LJ 974.(ix) Karnail Singh v. State of Rajasthan, 2000 Cri.LJ 4635.(x) K.I. Pavunny v. Assistant Collector (HQ),

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 … the facts and circumstances of the case or to require any person to produce or deliver any document. Section 108 confers power on a gazetted officer of customs to summon persons for giving evidence or producing documents.8. The

indru Ramchand Bharvani and ors. Vs. Union of India and ors.

Court : Delhi

Subject : Customs

Acts : Customs Act, 1962 - Sections 110 and 122

Reported in : 36(1988)DLT63; 1988(17)ECC233; 1988(18)LC18(Delhi); 1988(38)ELT459(Del)

order of confiscation in respect of diamonds is concerned, was dismissed Customs Excise and Gold (Control) Appellate Tribunal by the impugned order dated 17th January … the statements of the petitioners 1 and 2 were also recorded towards the end of November 1979 under Section 108 of the Act. In his statement recorded on 29th November 1979 Ramchand Udhavdas Bharvani gave names of the … of the Supreme Court in Rabrndra Kumar Dey vs . State of Orissa, : 1977CriLJ173 . In this case the Supreme Court while considering the … after 15 months containing contradictory versions. Cross-examination can be dispensed with if there are over-whelmingly incriminating circumstances CUS ACT: Section 110 & 123. - - (2) On 16th November 1979 a warning bad been issued by the Weather

S. Kumar and ors. Vs. Collector of Central Excise and

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Subject : Land Acquisition

Reported in : (1990)LC725Tri(Delhi)

Central Excise and on the Superintendents of Central Excise the powers indicated in Clause (a) of the said section." 108. Attention of the Bench was also drawn to section 152 of the Customs Act, 1962 which is analogous … hereby confers on the Additional Collector of Central Excise and Customs, Bhubaneswar, Orissa, the powers indicated in Clause (a) of the said section." "In exercise … so as to enlarge or extend the meaning of the expression 'Collector' for the purposes of the Central Excise Act.128. The Intervener Advocates in this connection have referred to section 38 of the Act before its amendment, according