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Jul 19 2011

Tunilata Mallick Vs. State of Orissa and Others

Court : Orissa

Decided on : Jul-19-2011

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

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Dec 18 1975

Thakur Prasad Sao and ors. Vs. the Member, Board of Revenue and ors.

Court : Supreme Court of India

Decided on : Dec-18-1975

Subject : Commercial

Acts : Bihar and Orissa Excise Act, 1915 - Sections 22, 22(1), 29, 30, 39, 42 and 43

Reported in : AIR1976SC1913; (1976)2SCC850; [1976]3SCR34

cent. The appellants filed application under Section 39 of the Bihar and Orissa Excise Act, 1915, hereinafter referred to as the Act, for reduction of … increase was below 12 per cent. The appellants filed application under Section 39 of the Bihar and Orissa Excise Act, 1915, hereinafter referred to as the Act, for reduction of the fees for the year 1974-75, but they … 22 of the Act. It has been urged that the licenses in question fell within the purview of Section 30 of the Act.9. We have described the essential features of the outstill system, and there can be no

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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 … (c) auction fees. By amendments made on February 22, 1968 and March 30, 1968, the fixed fees were substantially enhanced and the appellants were called … 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

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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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May 17 2013

Present:- Mr. J.S. Brar Advocate Vs. State of Punjab and anr.

Court : Punjab and Haryana

Decided on : May-17-2013

Subject : Land Acquisition

by the accused to Superintendent of Excise under provisions of Bihar and Orissa Excise Act. It was held to be inadmissible in evidence. It was … basis of confessional statement made by the accused to Superintendent of Excise under provisions of Bihar and Orissa Excise Act. It was held to be inadmissible in evidence. It was not a confession of a co-accused but confession … it is laid down that the accused cannot be convicted on confession by a co-accused. The provisions of section 30 of the Evidence Act have been discussed in this decision and it has been held that the confession

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Nov 21 1960

The Hingir-rampur Coal Co. Ltd. and ors. Vs. the State of Orissa and o ...

Court : Supreme Court of India

Decided on : Nov-21-1960

Subject : Constitution

Acts : Constitution of India - Article 372; Orissa Mining Areas Development Fund Act, 1952 - Sections 4; Adaptation of Laws Order, 1950

Reported in : AIR1961SC459; [1961]2SCR537

and in substance a levy in the nature of a duty of excise on the coal produced at the first petitioner's Rampur colliery, and as … (1949) 80 C.L.R. 229, the validity of the levy imposed on dairymen and owners of milk depots by section 30 of the Milk Board Act of 1933 as amended by subsequent Acts of 1936-1939 was challenged, and it … under Art. 32 of the Constitution in which the validity of the Orissa Mining Areas Development Fund Act, 1952 (XXVII of 1952), is challenged. The … be granted after the commencement of this Act otherwise than in accordance with the rules made under this Act. Section 5 empowers the Central Government to make rules by notification for regulating the grant of mining leases or

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Sep 21 1965

Kalyani Stores Vs. the State of Orissa and ors.

Court : Supreme Court of India

Decided on : Sep-21-1965

Subject : Excise

Acts : Bihar and Orissa Excise Act, 1915 - Sections 13, 27, 28, 90 and 293; Indian Councils Act, 1892 - Sections 5; Bangalore Municipal Corporation, 1949 - Sections 97 and 98; Devolution Rules; Indian Tariff Act, 1894; Sea Customs Act, 1878; Government of India (Amendment) Act, 1951; Government of India Act, 1935; Excise and Abkari Act; Constitution of India (4th Amendment) Act, 1955; Constitution of India - Articles 226, 276, 301, 302, 303, 304, 304(1), 305, 366(10), 372 and 395

Reported in : AIR1966SC1686; [1966]1SCR865

held a licence as retail vendors for ' all types of foreign liquor' under the Bihar and Orissa Excise Act, 1915. The expression foreign liquor apparently includes Ale, Beer, Port, Cider and other fermented Liquors, cordials, mixtures and … J. 1. The appellants-Kalyani Stores - deal in liquor at Rourkela, District of Sundergarh in the State of Orissa. The appellants held a licence as retail vendors for ' all types of foreign liquor' under the Bihar … manufacture, possession and sale of certain kinds of liquor and intoxicating drugs. Section 27 of the Act as amended by the Adaptation Order, 1950, Provides: … upon the appellants to pay the difference at the rate of Rs. 30/-per L.P. Gallon in respect of the stocks of liquor found in the

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Aug 13 2002

Premlata Gupta Vs. State of Bihar and ors.

Court : Patna

Decided on : Aug-13-2002

Subject : ConstitutionCommercial

Acts : Bihar and Orissa Excise Act, 1915 - Sections 89; Bihar Excise Rules - Rules 44, 45 and 46; Constitution of India - Article 14

the supply through illicit sources.15. At this stage it would also be necessary to see the contents of Section 30 to Section 36 of Chapter VI of the Bihar and Orissa Excise Act, 1915. From a perusal of … exercise of the powers conferred by Section 89 of the Bihar and Orissa Excise Act read as under:- '44. Licences for the wholesale or retail … by the State Government in exercise of the powers conferred by Section 89 of the Bihar and Orissa Excise Act read as under:- '44. Licences for the wholesale or retail vend of excisable articles may be granted for

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Mar 11 2015

Union of India and Ors. Vs. Major General Shri Kant Sharma and Anr.

Court : Supreme Court of India

Decided on : Mar-11-2015

Subject : Land Acquisition

others vs.Union of India and others, (1997) 5 SCC536 a nine-Judge Bench of this Court while considering the Excise Act and Customs Act held that the jurisdiction of the High Court under Article 226 and this Court under … JUDGMENT SUDHANSU JYOTI MUKHOPADHAYA, J In these appeals the question raised is whether the right of appeal under Section 30 of the Armed Forces Tribunal Act, 2007 (hereinafter referred to as the 'ct'), against an order of Armed … person as follows:13. In Titaghur Paper Mills Co. Ltd. v. State of Orissa this Court observed: (SCC pp. 440-41, para 11)"1. ... It is now … established by the Central Government to exercise the jurisdiction, powers and authority conferred on it by the said Act. Section 14 specifies the jurisdiction, powers and authority of the Tribunal in relation to service matters as follows: "Section

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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)]

power to the Board to make 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 the term of license as one … 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 … counter liquor. It is mentioned that there was regular supply up to 30th November, 2005. It is stated by the respondents that after 30th September,

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