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

Court : Orissa

Subject : Criminal

Reported in : 2008CriLJ2909; 2008(I)OLR666

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 … 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 … Sonkar and Anr. : 2001CriLJ1082 submitted that the Supreme Court in the said case, prior to amendment of Section 37 of the N.D.P.S. Act interpreting the said section held as follows:As per the mandate of Section 37 no

Balbir Singh Vs. State of Orissa

Court : Orissa

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. … the Act is punishable with imprisonment which may extend to five years and as such the bar under Section 37 of the Act may not be applicable. It is submitted that the bar under Section 37 should be

S. Kumar and ors. Vs. Collector of Central Excise and

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Subject : Land Acquisition

Reported in : (1990)LC725Tri(Delhi)

hereby confers on the Additional Collector of Central Excise and Customs, Bhubaneswar, Orissa, the powers indicated in Clause (a) of the said section." "In exercise … so as to enlarge or extend the meaning of the expression 'Collector' for the purposes of the Central Excise Act.128. The Intervener Advocates in this connection have referred to section 38 of the Act before its amendment, according … by subordinate legislation, whether by way of rules to be framed in exercise of the powers conferred by section 37 of the Act or by notifications or orders issued by the Central Government. He quoted page 75 of

Sheo Kumar Vs. State of U.P. and ors.

Court : Allahabad

Subject : Excise

Acts : Constitution of India - Articles 13, 14, 19, 19(1), 31, 31C, 47, 226, 245, 301 and 304; Uttar Pradesh Excise Act, 1910 - Sections 20, 37A and 37A(2)

Reported in : AIR1978All386; [1978(37)FLR118]

Matched in: Citation AIR1978All386; [1978(37)FLR118]

Kalyani Stores Vs. the State of Orissa and ors.

Court : Supreme Court of India

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: … enacted by the appropriate legislature in 1915 and by virtue of Art. 372 of the Constitution it was a law in force and continues to

Badku Joti Savant Vs. State of Mysore

Court : Supreme Court of India

Subject : CustomsCriminal

Acts : Sea Customs Act, 1878 - Sections 167 (81); Land Customs Act, 1924 - Sections 9; Foreign Exchange Regulation Act, 1947 - Sections 8(1); Central Excises Act, 1944 - Sections 9, 13, 14, 18, 19, 21, 21(2) and 37(2) ; Indian Evidence Act - Sections 24 and 25; Code of Criminal Procedure (CrPC), 1898 - Sections 173 and 190; Bihar and Orissa Excise Act, 1915 - Sections 77(2) and 78(3)

Reported in : AIR1966SC1746; 1966CriLJ1353; 1978(2)ELT323(SC); [1966]3SCR698

by majority itwas held that an excise officer under the Bihar and Orissa Excise Act (No. 2 of1915) was a police officer within the meaning … Bihar 0065/1963 : 1964CriLJ705 where by majority itwas held that an excise officer under the Bihar and Orissa Excise Act (No. 2 of1915) was a police officer within the meaning of s. 25 of the Evidence Act. 6. … 8 or of a rule made under clause(iii) of sub-section (2) ofs. 37; (b) evades the payment of any duty payable under the Act; (c) … this behalf may arrest any person whom he has reason to believeto be liable to punishment under the Act. Section 18 lays down that allsearches made under the Act or any rules made thereunder and all arrests madeunder

A. Trinath Patro Vs. the State

Court : Orissa

Subject : CriminalNarcotics

Acts : Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 17 and 20; Narcotic Drugs and Psychotropic Substances (Amendment) Act, 1989 - Sections 37; Excise Act - Sections 47; Opium Act - Sections 9; Code of Criminal Procedure (CrPC)

Reported in : 1993(I)OLR180

of the Opium Act and Under Section 47(a) of the Bihar and Orissa Excise Act. The petitioner faced the prosecution because of possession of 1300 … by him Under Section 9(a) of the Opium Act and Under Section 47(a) of the Bihar and Orissa Excise Act. The petitioner faced the prosecution because of possession of 1300 gms. of opium and 1 kg, of Ganja … and on 17-1-1989 PWs 1 and 2 were examined, cross-examined and were discharged.3. There is no dispute that Section 37 of the Act, as it stands, became effective on 29-5-1989. That section puts an embargo on the power

Satvinder Singh @ Satvinder Singh Saluja Vs. The State of Bihar

Court : Supreme Court of India

Subject : Service Tax

a public place which definition was not there in Bihar Excise (Amendment) Act, 2016. It is further submitted Section 37 provides for penalty for consumption of liquor where now it is also an offence if a person is … powers conferred by sub­section (4) of section 19 of the Bihar and Orissa Excise Act, 1915 (Bihar and Orissa Act II of 1915), is pleased … not satisfied.6. Learned counsel for the appellants has referred to provision of Section 2(54) of Bihar Prohibition and Excise Act, 2016 in which public place has been defined which includes any transport, whether public or private. Thus, as

Unnikuttan @Vishnu vs State of Kerala

Court : Kerala

grant of bail on the ground of undue delay in trial cannot be said to be fettered by Section 37 of the Act. The Apex Court in Rabi Prakash v. The State of Odisha, (SLP Crl.No. 4169 of … DAY OF MARCH 2024 / 6TH CHAITHRA, 1946 BAIL APPL. NO. 11624 OF 2023 CRIME NO.36/2021 OF Ernakulam Excise Range Office, Ernakulam AGAINST THE ORDER/JUDGMENT DATED IN SC NO.378 OF 2022 OF I ADDITIONAL DISTRICT COURT, ERNAKULAM

State Vs. Govindsingh and ors.

Court : Madhya Pradesh

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1898 - Sections 367(2) and 562

Reported in : AIR1962MP36

P. C'. Similarly in Rangoon case the accused was found guilty under Sections 37 and 30(d) of the Excise Act but though the Magistrate convicted him he did not pass any sentence for the offence under Sections 37. … by it but there is no minimum except in a few special cases. A, Division Bench of the Orissa High Court however dissented from this view of the Nagpur Judicial Commissioner's Court. In The King v. Tustipada, … filed by the State. 2. The non-applicant Govindsingh has been convicted under Section 304 (Part I) and also under Sections 323 I. P. C. Sajjansingh