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State of Orissa and ors. Vs. Harinarayan Jaiswal and ors.

Court : Supreme Court of India

Subject : Excise

Acts : Constitution of India - Articles 14, 19(1) and 19(6); Bihar and Orissa Excise Act, 1915 - Sections 2(9), 22, 29, 29(1) and 29(2); Indian Councils Act, 1892 - Sections 5; Orissa Excise Rules, 1965; Bihar and Orissa Excise (Amendment) Act, 1970

Reported in : AIR1972SC1816; 38(1972)CLT481(SC); (1972)2SCC36; [1972]3SCR784

law as well as the orders passed by the Government under Section 29 of the Bihar and Orissa Excise Act, 1915 (as amended upto October 6, 1970) (to be hereinafter referred to as the Act). The preamble to … carrying on the business of selling country liquor. In pursuance of the order made by the State of Orissa, the Excise Commissioner notified on January 8, 1971 that the exclusive privilege of selling by retail the country

Ashok Kumar Majhi and Another. Vs. State of Orissa and ors.

Court : Orissa

Subject : Excise

Acts : Bihar and Orissa Excise Act - Section 22, A 29(2)(a) Read With Rules 3, 4; Foreign Liquor Rules - Rule 3, I 3-A.

of the petitioners that grant of exclusive privilege through F F "lottery" was contrary to the requirements of Section 29 (2)(a) of the 7 7 ,p__ Bihar & Orissa Excise Act, 1915 is wholly misconceived. Its submitted G … objection dated 11.11.2009 under Annexure-3 did not satisfy the requirement of Section 22 of the Bihar and Orissa Excise Act, 1915 since the notice failed to specify the "loca1ity" and the "loca1 area" within i which the excise … village Boden in the A District of Nuapada in the State of Orissa have prayed for quashing of i ' Notice No.248 dated 10.7.2010 issued

Bhajaram Chowdhury Vs. State of Orissa and ors.

Court : Orissa

Subject : ExciseConstitution

Acts : Constitution of India - Articles 162 and 226; Bihar and Orissa Excise Act, 1915 - Sections 29 and 39

Reported in : AIR1993Ori248

the Collector dated 10-1-91.2. The amount of exclusive privilege is fixed under Section 29 of the Bihar and Orissa Excise Act and under Sub-Section (3) thereof, the amount determined under Sub-Section (2) is declared to be final … Collector dated 10-1-91.2. The amount of exclusive privilege is fixed under Section 29 of the Bihar and Orissa Excise Act and under Sub-Section (3) thereof, the amount determined under Sub-Section (2) is declared to be final and binding

State of M.P. and ors. Vs. Nandlal Jaiswal and ors.

Court : Supreme Court of India

Subject : Commercial

Acts : Madhya Pradesh Excise Act, 1915 - Sections 2(13), 2(14), 2(17), 3, 7, 11, 13, 14, 18, 62, 62(2) and 63; Constitution of India - Article 14; Bihar and Orissa Excise Act, 1915 - Sections 29; Madhya Pradesh Excise (Amendment) Act; Madhya Pradesh Extension of Laws Act, 1958; Industries Development and Regulation Act, 1951

Reported in : AIR1987SC251; 1987MPLJ250(SC); 1986(2)SCALE638; (1986)4SCC566; [1987]1SCR1

: [1972]3SCR784 where the same view has been accepted. There, the section which came up for consideration was Section 29 of the Bihar and Orissa Excise Act, 1915. Sub-section (2) of this section provided that the sum payable … before we advert to the facts, it is necessary to set out the relevant provisions of Madhya Pradesh Excise Act, 1915 which is the statute regulating manufacture, sale and possession of intoxicating liquor in the State of Madhya … find that there is a decision of this Court in State of Orissa and Ors. v. Harinarayan Jaiswal and Ors. : [1972]3SCR784 where the same

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 … 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, … and the State Government issued a fresh order dated August 19, 1970 under the provisions of the amended Section 29(2) of the Act for fresh settlement of the shops, and wrote to the Collector of Mayurbhanj to call

Jagdish Prasad Saha Vs. State of Orissa and ors.

Court : Orissa

Subject : Excise

Acts : Bihar and Orissa Excise Act, 1915 - Sections 22, 29 and 29(2); Orissa Excise (Exclusive Privilege) Rules, 1970 - Rule 3; Constitution of India - Article 265

Reported in : AIR1994Ori327

to be determined in accordance with order issued under Sub-section (2) of Section 29 of Bihar and Orissa Excise Act, 1915 (in short the 'Act'). Petitioner did not participate in the tender-cum-auction held on 19-3-1993 in respect of … by the Collector, Mayurbhanj (opposite party No. 2). The notice in Form A under R. 3 of the Orissa Excise (Exclusive Privilege) Rules, 1970 (in short the 'Rules') was issued on 4-3-1993. It was indicated in the

Bhimsen Sahu and anr. Vs. State of Orissa and ors.

Court : Orissa

Subject : ExciseConstitution

Acts : Bihar and Orissa Excise Act, 1915 - Sections 2(8), 8, 8(2), 29(2), 89 and 89(2); Orissa Excise Rules, 1965 - Rules 32, 59 and 60

Reported in : 101(2006)CLT524

fixed consideration money and by draw of lottery' in accordance with the order issued under Sub-section (2) of Section 29 of the Bihar and Orissa Excise Act, 1915, (No. 2 of 1915) (hereinafter called as Act) as for … the privilege in respect of out-still shops of Gopalpur.2. The Government of Orissa in Excise Department as per its policy for the year 2005-06 decided … along with other districts for the remaining period with effect from 1.8.2005 (Annexure-1) under the Bihar and Orissa Excise Act, 1915 (hereinafter referred to as 'the Act'). Accordingly, the erstwhile Revenue & Excise Deptt. Notification No. 634-Ex-66/89 EX

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 … any bid without assigning any reasons therefor. The Supreme Court further held that without challenging the provisions of Section 29 of the Excise Act it is not possible for the bidders to challenge the clause in the Government … 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.

Tunilata Mallick Vs. State of Orissa and Others

Court : Orissa

Subject : Excise

Acts : Bihar and Orissa Excise Act - Section 47(a); Constitution of India - Article 21

the husband of the petitioner was booked in an Excise case under Section 47(a) of the Bihar and Orissa Excise Act vide Dharmasala Excise P.R. No.40/06-07 dated 30.09.2006. The seizure was made in presence of the independent … husband of the petitioner was booked in an Excise case under Section 47(a) of the Bihar and Orissa Excise Act vide Dharmasala Excise P.R. No.40/06-07 dated 30.09.2006. The seizure was made in presence of the independent witnesses. Memo … was a peace loving and law abiding citizen of the country. On 29.09.2006 at 10.30 A.M., opposite party No.4-Excise Inspector, Jajpur conducted raid in the

Sri Narayan Prasad Vs. the State of Orissa and ors.

Court : Orissa

Subject : Constitution

Acts : Constitution of India - Articles 226 and 227; Bihar and Orissa Excise Act, 1915 - Sections 2, 27, 29 and 89; Orissa Excise (Exclusive Privilege) Rules, 1970 - Rule 6A(3)

Reported in : 1995(II)OLR361

has bean framed in exercise of powers under Sub-Section (1) of Section 89 of the Bihar and Orissa Excise Act, 1915 which empowers the State Government to make rules to carry out the objects of the Act, or … to liquor ' or intoxicating drugs, and includes any payment to be made to the State Government under Section 29. Sub-section (10) defines 'export' means to take out of the State otherwise than across a customs frontier as … the disposal of OJC. No. 827/92 (Smt. Kamala Saha v. State of Orissa) OJC No. 1359/92 (Ganouri Prasad v. State of Orissa) and OJC No.