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Shiv Kumar Bhagat Vs. State of Bihar and ors.

Court : Supreme Court of India

Subject : Commercial

Acts : Bihar and Orissa Excise Rules - Rules 33, 44, 45 and 46; Bihar Excise Act, 1915 - Sections 5(1), 5(2), 5(5), 8, 33, 34, 34(2), 35, 41 and 89; Code of Civil Procedure (CPC) - Sections 80

Reported in : 2003(3)BLJR2091; [2003(4)JCR113(SC)]; JT2003(Suppl1)SC41; 2003(7)SCALE415; (2003)7SCC736

opinions in Excise Commissioner. -(1) After the date prescribed for the receipt of objections and opinions submitted under Section 33, the Collector shall consider the same, and shall, if necessary, revive the said list, and shall decide for … was not made in accordance with Rule 45 of the Bihar and Orissa Excise Rules (hereinafter referred to as the 'Rules') framed under Section 89 … Bihar and Orissa Excise Rules (hereinafter referred to as the 'Rules') framed under Section 89 of the Bihar Excise Act, 1915 (hereinafter referred to as 'the Act'). It held that since the recommendation made by the Collector was

The State Vs. Satyanarayan Mallik

Court : Orissa

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1898 - Sections 103, 163 and 165; Bihar and Orissa Excise Act, 1915 - Sections 47 and 55

Reported in : AIR1965Ori136; 1965CriLJ112

Mallik stood charged under Section 47 (a) read with Sections 55 and 47 (b) of the Bihar and Orissa Excise Act. The Excise Sub-Inspector P. W. 3 made a search of his house on 27-7-1963, and recovered … stood charged under Section 47 (a) read with Sections 55 and 47 (b) of the Bihar and Orissa Excise Act. The Excise Sub-Inspector P. W. 3 made a search of his house on 27-7-1963, and recovered 22 hemp

Jogindar Singh and ors. Vs. State of Bihar and ors.

Court : Patna

Subject : Excise

on the excisable article as may be prescribed for the same under Section 27 of the Bihar and Orissa Excise Act and any other law for the time being in force. It was found by the Excise … Company was granted excise licence in Form No. 1A in the year 1972 under the provision of Bihar Excise Act (in short 'the Act') for keeping Indian Made foreign liquor (I.M.F.L.) under bond in a warehouse established with … was shortage, far in excess of the permissible limit allowed by Rule 33 of the Rules made by the Board of Revenue under the provisions

Balwant Singh and ors. Vs. Financial Commissioner (Taxation) Punjab, C ...

Court : Punjab and Haryana

Subject : Property

Acts : Bihar and Orissa Excise Act, 1915 - Sections 29; Displace Persons (Compensation and Rehabilitation) Act, 1954 - Sections 33; Displaced Persons (Compensation and Rehabilitation) Rules 1955 - Rules 34 and 87; Constitution of India - Articles 14 and 19(1)

Reported in : AIR1983P& H225

Jaiswal AIR 1972 SC 1816, wherein after considering the implications of S. 29 of the Bihar and Orissa Excise Act, 1915, which too provided for the grant of exclusive of country liquor sale by calling tenders or by … order passed by the Financial Commissioner in exercise of powers under S. 33 of the Displace Persons (Compensation and Rehabilitation) Act, 1954 acting as the … be repelled in the light of the observations of their Lordship of the Supreme Court in State of Orissa v. Harinarayan Jaiswal AIR 1972 SC 1816, wherein after considering the implications of S. 29 of the Bihar … dismissed but with no order as to costs. 7. Petition dismissed. - Sections 100-A [As inserted by Act 22 of 2002], 110 & 104 &

K.M. Ellappan Vs. the Disttrict Collector and ors.

Court : Chennai

Subject : Commercial

Reported in : (1980)2MLJ75

the decision of the Supreme Court in Kalyani Stores v. State of Orissa : [1966]1SCR865 Equally Section 33 of the Excise Act does not enable … view of the decision of the Supreme Court in Kalyani Stores v. State of Orissa : [1966]1SCR865 Equally Section 33 of the Excise Act does not enable the authorities to levy gallonage fee. No doubt, Rule 30(3) of … 3 and 9 of the rules made under that Act and Section 12 or Section 20 of the Excise Act, there is no power to levy excise duty, more so, in view of the decision of the Supreme

Hind Stone, a Partnership Firm and ors. Vs. Union of India and ors.

Court : Chennai

Subject : Constitution

Acts : Constitution of India - Articles 13 (3) and 19 (6); Mines and Minerals (Regulation and Development) Act, 1957 - Sections 15 (1); ;Tamil Nadu Minor Mineral Concession Rules, 1959 - Rule 8-C

Reported in : AIR1981Mad82

Bihar by a notification issue6 under Section 19(4) of the Bihar and Orissa Excise Act, 1915 prohibited the possession by any person, of country liquor … that case the Government of Bihar by a notification issue6 under Section 19(4) of the Bihar and Orissa Excise Act, 1915 prohibited the possession by any person, of country liquor and of certain drugs in the areas specified … the by-law excluding that particular class of workmen was beyond the powers conferred by the Act; first because section 33 of the Harbours, Docks and Piers Clauses Act, 1847 which was incorporated in the Special Act, had declared

Mineral Area Development Authority Etc. Vs. M/s Steel Authority Of Ind ...

Court : Supreme Court of India

Subject : Land Acquisition

Income Tax Act 1961 on the payment of bottling fees made to the State Government under the Rajasthan Excise Act 1950. Section 43-B(a) allowed a deduction in respect of any sum payable by the assessee by way of … 30 Offshore Holdings (P) Ltd. v. Bangalore Development Authority, (2011) 3 SCC139[99]. 33 PART E and substance appears to fall exclusively under one list and … are spatially located in a few mineral rich states, namely, Andhra Pradesh, Chhattisgarh, Gujarat, Jharkhand, Karnataka, Madhya Pradesh, Orissa, Rajasthan, and West Bengal.11 Since mineral resources are a shared inheritance of the people, it has always been

State Of U.p. . Vs. M/s. Lalta Prasad Vaish And Sons

Court : Supreme Court of India

Subject : Land Acquisition

securing equitable distribution and availability at fair prices. ii. The judgment in Synthetics (7J) 6. The United Provinces Excise Act 191013 was enacted to “consolidate and amend the law in force in the United Provinces relating to the … of the decision in Tika Ramji to the dispute ...... 115 viii. Section 18G of IDRA and Entry 33 of List III .................................... 119 F. … seems to us that the observations made by this Court in Hingir-Rampur Coal Co. Ltd. v. State of Orissa [AIR1961SC459: (1961) 2 SCR537 , State of Orissa v. M.A. Tulloch and Co. [AIR1964SC1284: (1964) 4 SCR461 ,

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 … of the Act and in such a case the provision of chapter XXXIII of the Code of Criminal Procedure shall apply.4. Mr. Pradhan, learned Counsel

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 … Balco Employees’ Union V. Union of India and others, (2002) 2 SCC 333.it is emphatically argued that the wisdom and advisability of economic policies of