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Gunda Venkata Ramana Vs. District Level Committee, Srikakulam and Othe ...

Court : Andhra Pradesh

Subject : ConstitutionContract

Acts : Andhra Pradesh Raj (Auction of Sand in Water Courses Vesting in Gram Panchayats) Rules, 2000 - Rules 7, 14, 27 and 31; Constitution of India - Articles 14, 19 and 299; The Mines and Minerals (Regulation and Development) Act, 1957 - Sections 4 and 15; Mineral Concession Rules; Andhra Pradesh Minor Mineral Concession Rules - Rules 5 and 9; Andhra Pradesh Panchayat Raj Act, 1994 - Sections 95 and 268; Sand Rules - Rules 6, 9, 18, 19, 20 and 32; Bihar and Orissa Excise Act, 1915 - Sections 22 and 29

Reported in : 2000(4)ALD585; 2000(4)ALT623

the matter to Supreme Court.22. Relying on the provisions of Sections 22 and 29 of Bihar and Orissa Excise Act, 1915, the Supreme Court upheld the Government Order dated 6-1-1971 directing the re-auction of right of exclusive privilege … in accordance with mining lease granted under the Act and the Mineral Concession Rules or other Rules. Under Section 15 of the Act the State Government is empowered to make Rules in respect of minor minerals. Sand is … it is not within the scope of judicial review.21. In State of Orissa v. Harinarayan, : [1972]3SCR784 , the Supreme Court considered a similar question.

State of Haryana and ors. Vs. Lal Chand and ors.

Court : Supreme Court of India

Subject : Commercial

Acts : Punjab Excise Act, 1914 - Sections 22, 27, 28, 34, 58(1), 59 and 60; Punjab Liquor Licence Rules, 1956 - Rule 36(2), 36(3), 36(4), 36(16), 36(22-A), 36(23), 36(23)(1), 36(23)(2), 36(23-A) and 37(8-B); Constitution of India - Articles 226 and 299(1); Indian Forest Act, 1927; Forest Contract Rules

Reported in : AIR1984SC1326; 1984(1)SCALE690; (1984)3SCC634; [1984]3SCR715; 1984(16)LC722(SC)

of the licence fee payable in respect of a liquor vend issued under Section 60 of the Punjab Excise Act 1914 ('Act' for short).2. Put very shortly, the essential facts are these. On March 11, 1969, the Deputy … cases on the point which we must notice are : Ajodhya Prasad Shaw and Anr. v. State of Orissa and Ors. A.I.R. [1971] Ord 158 and Shree Krishna Gyanoday Sugar Ltd. and Anr. v. Slate of Bihar … security amount as required under Rule 36(22A) and thereby contravened condition No. 15(1) of the conditions of auction and Rule 36(3) of the Rules. They

State of Orissa and Others Vs. NaraIn Prasad and Others, Etc. Etc.

Court : Supreme Court of India

Subject : Excise

Acts : Bihar and Orissa Excise Act, 1915 - Sections 13, 22, 27, 28, 89 and 90; Constitution of India - Articles 21, 47 and 226; Central Provinces and Berar Sales of Motor Spirit and Lubricants Taxation Act, 1938; Andhra Pradesh Excise Act, 1968 - Sections 17 and 23; Madhya Pradesh Act - Sections 25 and 62(1)

Reported in : 1996VIIAD(SC)65; AIR1997SC1493; 85(1998)CLT625(SC); JT1996(8)SC50; 1996(6)SCALE460; (1996)5SCC740; [1996]Supp5SCR465

ORDERB.P. Jeevan Reddy, J.1. Leave granted.2. Having voluntarily entered into contracts with the Government of Orissa, undertaking to lift a particular quantity of liquor every month and also to remit the monthly excise duty … Orissa.3. The grant of excise licences in the State of Orissa is governed by the Bihar and Orissa Excise Act, 1915 (the Act) and the rules made thereunder. Section 22 provides for grant of exclusive privilege of sale … monthly excise duty in two equal instalments, i.e., on the 5th and 15th of every month. Clauses (1), (2), (3) and (4) of the said

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 … 'A' at p. 20/N and the minimum reserve price shall be Rs. 15,000.00. 5. Decision regarding other OS shops will be taken later on. 6.

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 … the imprisonment may extend up to ten years. Other Sections, namely, Sections, 15, 16, 17, 18, 19, 20(b)(i), 21, 22, 23, 24 aid 25 provide

Vijay Madanlal Choudhary Vs. Union Of India

Court : Supreme Court of India

Subject : Land Acquisition

of an Excise Officer empowered under S. 77(2) of the Bihar and Orissa Excise Act is not analogous to that of a Customs Officer for … statements of the persons questioned by him, make searches, seize any articles connected with an offence under the Excise Act, arrest an accused person, grant him bail, send him up for trial before a Magistrate, file a charge- … section 3 association. 13 read with Punishment for unlawful activities. section 3 16 read with Punishment for terrorist act. section 15 16A Punishment for making demands of 507 radioactive substances, nuclear devices, etc. 17 Punishment for raising funds for

Shree Krishna Gyanoday Sugar Ltd. and M/S. Arun Chemical Industries (P ...

Court : Supreme Court of India

Subject : Excise

Acts : Bihar Excise Act, 1915 - Sections 13, 15, 22, 38, 49 and 90; Bombay Prohibition Act, 1949 - Sections 58-A; Medicinal and Toilet Preparations (Excise Duties) Act, 1955 - Sections 2, 22, 27 and 89; Bihar and Orissa Excise Rules, 1919 - Rules 9, 10, 11, 15, 16, 17 and 111

Reported in : 1996VIAD(SC)457; AIR1996SC2610; JT1996(7)SC322; 1996(6)SCALE17; (1996)10SCC11; [1996]Supp4SCR680

a common question as to whether Rule 9 of the Bihar & Orissa Excise Rules, 1919 (hereinafter referred to as the Rules') framed under Bihar … 9 of the Bihar & Orissa Excise Rules, 1919 (hereinafter referred to as the Rules') framed under Bihar Excise Act, 1915 (hereinafter referred to as 'the Act') is ultra vires the provisions of the said Act and in … be validly subjected to such restrictions on their manufacturing activities before they get clearance for such activities under Section 15 read with Section 13 of the Act. It is, therefore, not possible to agree with the contention of

Government of Andhra Pradesh and ors. Vs. A. Hanumantha Rao and ors.

Court : Andhra Pradesh

Subject : Excise

Acts : Andhra Pradesh Excise Act, 1968 - Sections 9, 11, 12, 15, 17, 28, 29 and 72; Andhra Pradesh Prohibition Act, 1995; Indian Stamp Act, 1899; Bengal Excise Act, 1909 - Sections 42 and 43; Bihar and Orissa Excise Act, 1915; Bihar and Orissa Excise Rules; Tamil Nadu Prohibition Act, 1937 - Sections 17C, 17D, 21 and 54; Tamil Nadu Liquor (Retail Vending) Rules, 1989; Bar Rules; Tamil Nadu Minor Mineral Concession Rules, 1959 - Rules 8C and 9; Andhra Pradesh Indian Liquor and Foreign Liquor Rules, 1970 - Rules 3, 23, 24, 26A, 26A(2), 28, 30, 31, 65(2) and 70; Andhra Pradesh Excise (Lease of Right to Sell Indian Liquor and Foreign Liquor in Retail) Rules, 1993 - Rule 3; Tamil Nadu Liquor (Retail Vending) Rules, 1989 - Rule 14 and 14(3); Tripura Excise Rules, 1962 - Rule 164A; Consti

Reported in : 2005(2)ALD780; 2005(2)ALT653

vend the Indian made foreign liquor under the provisions of Bihar and Orissa Excise Act, 1915 and the Rules made thereunder. In the year 1984, … by wholesale or by retail, any liquor in the State of Andhra Pradesh is governed by Andhra Pradesh Excise Act, 1968 (for short 'the Act'), and the grant of licences for the import, export, transport and sale of … and grant of liquor licences:13. Let us first examine some of the statutory provisions dealing with the issue. Section 15 of the Act states that no person shall sell or buy any intoxicant except under the authority and

Johnson Matthey Chemicals India Pvt. Ltd. Vs. The State of Maharashtra ...

Court : Mumbai

Subject : Land Acquisition

all the details for the simple reason that the Petitioner claims that the process followed under the Central Excise Act, 1944 of receiving the spent catalyst and issuing processed catalyst is set out so as to appreciate that … Tax Officer, Pilibhit vs. Budh Prakash Jai Prakash, AIR 1954 SC 459. (ii) Balabhagas Hulaschand vs. State of Orissa, (1976) 2 SCC 44. (iii) Consolidated Coffee Ltd. and Anr. vs. Coffee Board, Bangalore, (1980) 3 SCC 358. … 2T of 2010 dated 11.01.2010 is without jurisdiction, and is ultra vires Section 6A of the Act and is of no effect and accordingly, set … Coleman vs. Harvey, In the Court of New Zealand, C. A. No. 151 of 1987, dated 22nd March, 1989. (xxxiv) Moriroku UT India (P) Limited

Government of Karnataka Vs. M.R. Thammaiah

Court : Karnataka

Subject : LimitationCivil

Acts : Karnataka Excise Act, 1965 - Sections 17 and 69; Limitation Act, 1963 - Article 24; Karnataka Excise Act, 1965; Evidence Act, 1872 - Sections 156

Reported in : ILR1987KAR3538

conducted by the 2nd defendant/Deputy Commissioner Of Kodagu who is also the District Excise Officer under the Karnataka Excise Act (hereinafter referred to as the 'Act'). The auction was held on 19-5-1969 and the plaintiff became the successful … -v.- The Sunni Central Board of Waqf U.P. andOrs., : [1959]1SCR1287 , the Supreme Court while dealing with Section 15 of the Limitation Act which provides for exclusion of the time covered by the operation of an order … its finances and as observed by the Supreme Court in State of Orissa -v.-Harinarayan, : [1972]3SCR784 :'Even apart from the power conferred on the Government … of the Act respectively. In our view, the proper Section to be applied is Section 69 of the Act. Section 69 of the Act reads as under :'No suit shall He against the State Government or against an