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Har Shankar and ors. Vs. the Dy. Excise and Taxation Commr. and ors.
Supreme Court of India
Jan-21-1975
Excise
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
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 … the method of disposal of the country liquor vends; (2) The power conferred on the Financial Commissioner under Section 34 of the Act to grant a licence, permit or pass on payment of such fees, if any, as … 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
Tag this Judgment! AI Brief & AskSirish Jaltara Vs. State of Orissa
Orissa
Aug-03-2001
Criminal
Code of Criminal Procedure (CrPC) , 1973 - Sections 438 and 439; Indian Penal Code (IPC), 1860 - Sections 34, 272 to 276 and 420; ;Bihar and Orissa Excise Act - Sections 47 and 55; Kerala Abkari Act; India Penal Code Orissa (Amendment) Act, 1988
93(2002)CLT63
under sections 420,272 read with section 34 IPC and also under section 47(a) and 55of the Bihar and Orissa Excise Act was registered. During the investigation the S.I. seized different brands of liquor which was chemically examined … sections 420,272 read with section 34 IPC and also under section 47(a) and 55of the Bihar and Orissa Excise Act was registered. During the investigation the S.I. seized different brands of liquor which was chemically examined at State
Tag this Judgment! AI Brief & AskMotilal Chunnilal Vs. Commissioner of Income-tax
Rajasthan
Jan-09-1987
Direct Taxation
Income Tax Act, 1961 - Sections 185; Rajasthan Excise Act, 1950 - Sections 34, 42E, 54 and 58; Rajasthan Excise Rules, 1956 - Rules 57, 67 and 93
1987(2)WLN126
nature that, if permitted, it would defeat the public policy as contained in the provisions of the Rajasthan Excise Act, 1950 ? 2, If the answer to the above is in the affirmative, whether the Tribunal was justified … : [1983]143ITR304(MP) and CIT v. Kondra Durgaiya : [1983]143ITR315(MP) .20. The same view was also taken by the Orissa High Court in Mohapatra Bhandar v. CIT : [1965]58ITR671(Orissa) and it was held that the income-tax authorities were … the firm was not valid and, therefore, not entitled to registration under Section 185 of the Income-tax Act, 1961 ?' 2. The Government of Rajasthan … of the provisions of the licence granted under the Act and Section 34(c) provides for cancellation or suspension of the licence for breach of the
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Shiv Kumar Bhagat Vs. State of Bihar and ors.
Supreme Court of India
Sep-12-2003
Commercial
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
2003(3)BLJR2091; [2003(4)JCR113(SC)]; JT2003(Suppl1)SC41; 2003(7)SCALE415; (2003)7SCC736
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 … are prescribed for the grant of licence for retail sale. We also, therefore, proceed on the same assumption.16. Section 34 of the Act which we have quoted earlier obliges the Collector to consider the objections and opinions submitted
Tag this Judgment! AI Brief & AskRamesh Chandra Rout Vs. State of Orissa and ors.
Orissa
Sep-08-2003
Excise
Bihar and Orissa Excise Act, 1915 - Sections 22(1); Orissa Excise Rules, 1965 - Rule 34 and 34(1); Orissa Exclusive Privilege Rules, 1970 - Rule 3
97(2004)CLT39
Act, Rule 3 of the Orissa Exclusive Privilege Rules, 1970 and Rule 34 of the Orissa Excise Rules, 1965. He submitted that on a reading … of the petitioner is that under the proviso to Sub-section (1) of Section 22 of the Bihar and Orissa Excise Act, 1915 (for short, 'the Act') public notice will have to be given of the intention to … the petitioner is that under the proviso to Sub-section (1) of Section 22 of the Bihar and Orissa Excise Act, 1915 (for short, 'the Act') public notice will have to be given of the intention to grant any
Tag this Judgment! AI Brief & AskGanesh Traders Vs. District Collector, Karimnagar and ors.
Andhra Pradesh
Nov-12-2001
Excise
Andhra Pradesh Excise Act, 1968 - Sections 2, 2(9), 2(19), 2(20), 6-A, 6-C(1), 6-C(2), 7, 7-A, 8, 13, 13(1), 27, 28, 34, 34(2), 34(3), 35, 36, 37, 37-A, 40-A, 41, 42, 45, 45(1), 48, 50, 50-A, 51, 52, 53, 54, 55 and 61; Constitution of India - Articles 19, 20, 20(1), 21, 47, 124, 217, 226 and 371D; Code of Criminal Procedure (CrPC) , 1973 - Sections 155(2), 156(1), 165, 165(2), 165(4), 397, 452(2), 482 and 561-A; Madras Abkari Act, 1886 - Sections 55; Motor Vehicles Act; Andhra Pradesh General Sales-tax Act; Foodgrains - Prices and Stocks (Display and Control) Order, 1967; Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 2; Hire Purchase Act, 1972; Indian Penal Code (IPC), 1860 - Sections 304-A; Madras Prohibition Act, 1937; Andhra Pradesh Prohibition (Amendmend) Act, 1995; Cess an
2002(1)ALD210; 2002(1)ALD(Cri)137; 2002(1)ALT611; 2002CriLJ1105
Matched in: Advocate Y. Rama Rao, ;M.A. Bari and ;A. Prabhakar Rao, Advs. Government Pleader for Fisheries and Excise, ;Government Pleader for Home and ;Government Pleader for Prohibition and Excise
Tag this Judgment! AI Brief & AskM.R. Patel Vs. State of Bihar and ors.
Supreme Court of India
Jan-05-1965
Commercial
Bihar and Orissa Excise Act, 1915 - Sections 2(7), 8, 8(3), 34, 35, 38, 40, 45 and 91; Constitution of India - Article 136
AIR1966SC343; 1965(0)BLJR443; [1965]2SCR693
of Jamshedpur working under the sliding scale system under the Bihar and Orissa Excise Act, 1915 (Bihar and Orissa Act 2 of 1915) hereinafter referred … six shops in the town of Jamshedpur working under the sliding scale system under the Bihar and Orissa Excise Act, 1915 (Bihar and Orissa Act 2 of 1915) hereinafter referred to as the Act. A total sum of … Commissioner may, on a consideration of the list, objections and opinions sent to him by the Collector under section 34, modify or annul any order passed or any license granted by the Collector, and notwithstanding anything contained in
Tag this Judgment! AI Brief & AskChandrayya and ors. Vs. Member, Excise, Board of Revenue and anr.
Orissa
Sep-29-1953
Commercial
Bihar and Orissa Excise Act, 1915 - Sections 34 and 35; Constitution of India - Article 226
AIR1954Ori74; 19(1953)CLT501
We will next refer to Rule 109, Clause (a) appearing at p. 140 of Vol. I of the Orissa Excise Manual --- the Eules having been framed by the Board of Revenue under Section 90, Bihar and … Manual --- the Eules having been framed by the Board of Revenue under Section 90, Bihar and Orissa Excise Act, 2 of 1315. The Rule runs thus :'109 (a) The fees for licenses for the retail vend of
Tag this Judgment! AI Brief & AskNabaghana Sahoo Vs. State of Orissa and anr.
Orissa
May-14-1993
Narcotics
Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 36A(1); Code of Criminal Procedure (CrPC) - Sections 190(1)
1993(II)OLR178
The Court was considering in that case whether a conviction Under Section 47(a) of the Bihar and Orissa Excise Act becomes liable to be set aside on the ground of violation of the provisions of Section 74 of … (21 of 1966) was being committed was without Jurisdiction, and that as a logical corollary a conviction Under Section 34 of that Act was vitiated. The decision however was noticed in 1990 (1)OLR 424, (Nilambar v. State) wherein … 34(1992) OJD 13 (Cri. ) (Sk. Saukat and Ors. v. State of Orissa) which directly supports the proposition advanced. I shall come back to the
Tag this Judgment! AI Brief & AskSouthern Pharmaceuticals and Chemicals, Trichur and ors. Vs. State of ...
Supreme Court of India
Sep-01-1981
Constitution
Medicinal and Toilet Preparations (Excise Duties) Act, 1955; Medicinal and Toilet Preparations (Excise Duties) Rules, 1956; Constitution of India; Industries (Development and Regulation) Act, 1951 - Sections 2; Kerala Abkari Act, 1077 - Sections 12-A, 14 and 68-A; Kerala Abkari (Amendment) Act, 1967
AIR1981SC1863; 1981(3)SCALE1376; (1981)4SCC391; [1982]1SCR519
charges of the excise establishment from a consumer and not from the manufacturer under the Bihar and Orissa Excise Act, 1915. It was clearly indicated that the burden of the cost of supervisory charges must fall on the … may sell the same without a licence to a person licensed to manufacture or sell toddy under this Act.Section 17 provides:17. A duty of excise or luxury tax or both shall, if the Government so direct, be … show that the levy of service charges on the manufacturer are valid. 34. For these reasons, both the Appeal and the Special Leave Petition must … this Court in Mahant Sri Jagannath Ramanuj Das v. The State of Orissa : [1954]1SCR1046 and in Ratilal Panachand Gandhi v. The State of Bombay
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