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Apr 28 1989

Khoday Brewing and Distilling Industries Ltd. Vs. State of Tamil Nadu ...

Court : Chennai

Decided on : Apr-28-1989

Subject : Constitution

Acts : Constitution of India - Articles 14, 19(1), 32, 133, 226, 298, 301, 303 and 304; Tamil Nadu by Amendment Act, 1986; Tamil Nadu Indian Made Foreign Spirits (Supply by Wholesale) Rules, 1983 - Rules 4 and 16; Tamil Nadu Prohibition Act, 1937 - Sections 17B and 18-B; Tamil Nadu Distillery Rules, 1981; Companies Act, 1956; Jammu and Kashmir Excise Act, 1958 - Sections 20, 21 and 22B; Assam Taxation (on goods Carried by Road or Inland Waterways) Act, 1954; Bihar and Orissa Excise Act, 1950; Tamil Nadu General Sales Tax Act, 1959; A.P. General Sales Tax Act, 1957; Commissions of Inquiry Act - Sections 3

Reported in : AIR1990Mad124

; it was pointed out that since, however, the Constitutional validity of S. 20 of Jammu and Kashmir Excise Act, 1958 and not been challenged in the High Court, the Supreme Court assumed, without deciding S. 20 did … trade and commerce. He then refers to Kalyani Stores v. State of Orissa, : [1966]1SCR865 which deals with Bihar and Orissa Excise Act under which … failing to pay balance consideration before agitating matter before Supreme Court Held, Concurrent finding cannot be interfered with. Section 20: [Tarun Chatterjee & Aftab Alam,JJ] Whether Time is the essence of contract Held, Many instance in contract which

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May 02 1996

Balbir Singh Vs. State of Orissa

Court : Orissa

Decided on : May-02-1996

Subject : Criminal

Acts : Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 17, 20, 37, 42, 42(1), 42(2) and 50; Bihar and Orissa Excise Act - Sections 47; Code of Criminal Procedure (CrPC) - Sections 439

Reported in : 1996CriLJ3068

& Psychotropic Substances Act (hereinafter referred to as the 'N.D.P.S. Act') and Section 47(a) of the Bihar & Orissa Excise Act.2. It is alleged that the petitioner is the owner of a Maruti Van bearing registration No. … Criminal Procedure for releasing the petitioner on bail. The petitioner is accused of having committed offences under Section 20(b) of the Narcotic Drugs & Psychotropic Substances Act (hereinafter referred to as the 'N.D.P.S. Act') and Section 47(a)

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Feb 14 2008

Sri Kailash Nahak @ Naik and ors. Vs. State of Orissa

Court : Orissa

Decided on : Feb-14-2008

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 … 8580, 8690, 8896, 8974, 8986, 9948, 10559, 10826, 11737 and 12903 of 2007 are applications filed under Section 438, Cr.P.C. and BLAPL Nos. 11222 and

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Mar 14 2007

Radhey Biscuits Pvt. Ltd. Vs. the State of Jharkhand and ors.

Court : Jharkhand

Decided on : Mar-14-2007

Subject : Commercial

Acts : Bihar Excise Act - Sections 22, 30 to 35, 40, 42, 44, 44(1), 89 and 90; Bihar Excise Act, 1915 - Sections 20; Bihar and Orissa Excise Act

Reported in : 2007(2)BLJR1921; [2007(3)JCR85(Jhr)]

of the petitioner that it never asked for renewal of the license and never applied for the same. Section 20 of the Bihar Excise Act, 1915 provides for license for sale of intoxicants. Sections 30 to 35 provide … Rules. The Board of Revenue has notified instructions under the Bihar & Orissa Excise Act. Chapter-III deals with the settlement and licenses. Rule 74 provides … forthwith.26. In the facts and circumstances of the case, there shall be no order as to costs. Bihar Excise Act, Section 44-Renewal of licence-Surrender of licence applied in Group-I-Application rejected-Premature surrender not accepted-Contention-Proof of payment of licence fee for

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Sep 13 2006

Ganga Jali Devi Vs. the State of Bihar

Court : Patna

Decided on : Sep-13-2006

Subject : Criminal

Acts : Narcotic Drugs Psychotropic Substances Act - Sections 8, 20 and 54; Bihar and Orissa Excise Act - Sections 47; Code of Criminal Procedure (CrPC) - Sections 313

wife were convicted under Section 47(a) and 47(f) of the Bihar & Orissa Excise Act for recovery of Excisable articles from the house. A Bench … Telin (Supra), the husband and wife were convicted under Section 47(a) and 47(f) of the Bihar & Orissa Excise Act for recovery of Excisable articles from the house. A Bench of this Court held that while being a … Judge (N.D.P.S.), Buxar, in N.D.P.S. Case No. 30 of 2002 by which he has convicted the appellant under Section 20(b)(ii)(c) of the N.D.P.S. Act for contravening the provisions of Section 8(c) of the Act by being in unlawful

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Jan 21 1975

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

Court : Supreme Court of India

Decided on : Jan-21-1975

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 … intoxicant into or from Punjab or any part thereof and to prohibit the transport of any intoxicant. By Section 20(1) no intoxicant can be manufactured or collected, no hemp plant can be cultivated, no tari-producing tree can be

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Sep 19 1996

Subash Suna Vs. the State

Court : Orissa

Decided on : Sep-19-1996

Subject : Criminal

Acts : Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 20, 50 and 52A(1); Bihar and Orissa Excise Act, 1915

Reported in : 1997CriLJ1324

submitted with vehemence that the learned trial Judge has relied on the principles decided under the Bihar and Orissa Excise Act, 1915, and has totally ignored the mandatory provisions of the Act, and the whole approach being … with vehemence that the learned trial Judge has relied on the principles decided under the Bihar and Orissa Excise Act, 1915, and has totally ignored the mandatory provisions of the Act, and the whole approach being erroneous the … Case No. 12 of 1991, convicting him for an offence punishable under Section 20(b)(i) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short,

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Jan 18 2008

Bung Balaram Behera Vs. State of Orissa

Court : Orissa

Decided on : Jan-18-2008

Subject : Criminal

Reported in : 2008(I)OLR553

Sections 18 and 20(b)(I)(ix) of the N.D. & P.S. Act as well as 47(a) of the Bihar and Orissa Excise Act, in S.T. No. 16/150 of 1990 before the 2nd Addl. Sessions Judge, Puri. By the judgment … 18 and 20(b)(I)(ix) of the N.D. & P.S. Act as well as 47(a) of the Bihar and Orissa Excise Act, in S.T. No. 16/150 of 1990 before the 2nd Addl. Sessions Judge, Puri. By the judgment dated 15.9.1990, … Mahanty, J.1. The appellant faced trial as an accused for offences under Sections 18 and 20(b)(I)(ix) of the N.D. & P.S. Act as well as

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Jul 15 1994

Pilli Dilli Dora Vs. State of Orissa

Court : Orissa

Decided on : Jul-15-1994

Subject : Narcotics

Acts : Narcotic Drugs and Psychotropic Substances Act, 1986 - Sections 2, 8, 20 and 41 to 68; Code of Criminal Procedure (CrPC) , 1973 - Sections 4, 100, 165 and 293; Bihar and Orissa Excise Act, 1915 - Sections 74; Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 8

Reported in : 1995(1)ALT(Cri)14; 78(1994)CLT734; 1995CriLJ1758

Singh's case (1994 Cri LJ 3702) (supra). A Bench of this Court in Nilamber Sahu v. State of Orissa, (1990) 69 Cut LT 718 (DB) held that non-compliance of Section 74 of the Bihar and Orissa ExciseOrissa, (1990) 69 Cut LT 718 (DB) held that non-compliance of Section 74 of the Bihar and Orissa Excise Act, 1915 which requires the Excise Officer to record the grounds of his belief before search is undertaken, ipso … R.K. Patra, J. 1. The appellant has been convicted under Section 20(b)(i) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to

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Jul 11 2000

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

Court : Andhra Pradesh

Decided on : Jul-11-2000

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

decided by the District Committee and 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. In that case the Excise Commissioner … 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 … (the Act, for brevity) regulates mines and the development of minerals. Under Section 4 of the Act no person shall undertake mining operations in any … parties.2. The averments in the affidavit accompanying the Writ Petition No.9767 of 2000 may briefly be noticed.The first respondent, through its Member Convenor (third respondent

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