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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

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 … 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 … the offer once it is accepted. It is the submission of Mr. Tripathy that despite such finality attached, Section 39 of the Act in terms confers power on the Board of Revenue to direct reduction of the amount

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

Court : Supreme Court of India

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

the 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, … 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

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

Court : Supreme Court of India

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 … out in the judgment just delivered and I need not repeat them. 39. The scheme of the Act, as appears from section 3 thereof is … J.1. This is a petition filed 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 first petitioner is a public limited … 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

Deputy Controller of Stores Vs. State of Haryana and ors.

Court : Punjab and Haryana

Subject : Sales Tax

Acts : Haryana General Sales Tax Act, 1973 - Sections 28, 39, 39(1), 39(2), 39(5), 40; Punjab General Sales Tax Act, 1948 - Sections 20(5); Bombay Provisional Municipal Corporations Act, 1949 - Sections 406(2); Indian Income-tax Act, 1922 - Sections 30 and 46(1); Orissa Sales Tax Act, 1947 - Sections 24(7); Constitution of India - Articles 14 and 226

Reported in : [2006]143STC670(P& H)

1999 and annexure P7 dated May 25, 2000 passed by the Joint Excise and Taxation Commissioner (Appeals), Ambala (respondent No. 3), and Sales Tax Tribunal-II, … petitioner for grant of exemption. Shri Dogra relied on the decision of the Supreme Court in State of Orissa v. Ion Exchange India Ltd. [2000] 117 STC 436, and the decision of the Full Bench of this … exemption from payment of tax, which constitutes a condition precedent to the entertaining of an appeal filed under Section 39(1) of the Haryana General Sales Tax Act, 1973 (for short, 'the 1973 Act').2. The petitioner is registered as

State of Karnataka, rep. by its Chief Secretary and Others Vs. Jagadev ...

Court : Karnataka

Subject : Land Acquisition

Tax [1985 (Supp.) SCC 205], which has been followed in Commissioner, Central Excise and Customs, Kerala vs. Larsen and Toubro Ltd., [(2016) 1 SCC 170], … of not exceeding twenty-five cubic centimetres; Chapter VI of the said Act deals with registration of motor vehicles. Section 39 speaks of necessity for registration, while section 40 deals with the place of registration. They read as under: … the court were valid and therefore, were upheld:- a) In State of Orissa vs. Oriental Paper Mills Ltd., [AIR 1961 SC 1438], the insertion of … in Section 46 of the said Act, but that section is subject to Section 47 of the said Act. Section 47 categorically states that if a motor vehicle registered in one State has been kept in another State

Commnr. of Sales Tax, Orissa and ors. Vs. Crown Re-roller (P) Ltd. and ...

Court : Supreme Court of India

Subject : Sales Tax

Acts : Indian Companies Act; Orissa Sales Tax Act, 1947 - Sections 5, 8, 14, 14B and 14C; Central Sales Tax Act, 1956 - Sections 14; Sea Customs Act, 1878 - Sections 20; Central Excises Act, 1944 - Sections 3; Bihar Finance Act - Sections 7 and 7(3); Orissa Sales Tax Rules, 1947 - Rules 39 and 42A

Reported in : 2007(210)ELT334(SC); JT2007(8)SC278; 2007(11)OLR(SC)206; 2007(4)SCALE196; (2007)3SCC659; 2007(1)LC430(SC); 2007AIRSCW2812

have to make fresh applications for refund in Form XII under Rule 39 of the Orissa Sales Tax Rules, 1947 for refund of tax under … re-rolling mill manufacturing M.S. rounds and flats, out of iron and steel scrap materials. Indisputably, the State of Orissa made an industrial policy where for a resolution was adopted on 13.5.1986, pursuant whereto and in furtherance whereof, … The Bill to Amend Section 20 of the Sea Customs Act, 1878, and Section 3 of the Central Excises and Salt Act, 1944 (1964) 3 SCR 787 this Court held:This will show that the taxable event in

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.

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 … India, AIR 1990 SC 9 A 1984, in particular, paragraphs 38 and 39 thereof, in order to ' / substantiate his stand that, the "reasons" … the social workers and villagers of 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 by the Collector & Districtpetition and

The State of Bombay and anr. Vs. F.N. Balsara Overruled

Court : Supreme Court of India

Subject : Media and CommunicationConstitution

Acts : Bombay Prohibition Act, 1949 - Sections 12, 13, 23, 24, 24(1), 30 to 38, 39, 40, 41, 44, 45, 52, 53, 54, 118, 119, 121, 136(1), 136(2) and 139; Specific Relief Act - Sections 45; Bombay Abkari Act, 1878 - Sections 14-B, 148; Government of India Act, 1935 - Sections 297, 297(1); Bombay Abkari (Amendment) Act, 1947; Constitution Act - Sections 100; Bengal Money-Lenders Act, 1940; Bihar Excise (Amendment) Act, 1940; Bihar and Orissa Excise Act, 1915 - Sections 19(4); Constitution of India - Articles 14, 19, 19(1), 19(5), 24(1), 47 and 132(1)

Reported in : (1951)53BOMLR982; (1951)IIMLJ141; [1951]2SCR682

case, the Bihar Excise (Amendment) Act, 1940, which amended the Bihar and Orissa Excise Act, 1915, was challenged as contravening section 297(1)(a), but it was … [1942] F.C.R. 17. In that case, the Bihar Excise (Amendment) Act, 1940, which amended the Bihar and Orissa Excise Act, 1915, was challenged as contravening section 297(1)(a), but it was held to be a valid Act on grounds … cases in which, licenses for the manufacture, export import, transport, sale or possession of liquor may be granted; section 39, which authorises the Government to permit the use or consumption of foreign liquor on cargo boats, warships, troopships

Bellapu Nageswar Rao Vs. the Government of A.P., Rep. by Its Principal ...

Court : Andhra Pradesh

Subject : MRTP

oblique motive. We have heard the petitioner/party-in-person and the learned Advocate General for the State. The Andhra Pradesh Excise Act, 1968 (for short, ‘the Act’), as enacted and amended from time to time, regulates production, manufacture, possession, transport, … the Bench in McDowell's case (supra) are educative (SCC pp. 735-36, para 39): ’39. The contention that a citizen of this country has a fundamental … caseState of Bombay v. R.M.D. Chamarbaugwala : AIR 1957 SC 699, as interpreted in Harinarayan Jaiswal's caseState of Orissa v. Harinarayan Jaiswal : (1972) 2 SCC 36and Nashirwar's caseNashirwar v. State of M.P. : (1975) 1 SCC … time, regulates production, manufacture, possession, transport, purchase and sale of intoxicating liquor.Under Section 3 of the Act, the Government may, by notification, appoint an officer

Collector of Central Excise Vs. Bharat Earth Movers Ltd.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Subject : Land Acquisition

Reported in : (1986)(6)LC212Tri(Delhi)

public roads, and hence come within the ambit of Item No. 34 the First Schedule to the Central Excise Act, he should further examine whether any parts of these two types of vehicles should not be taken into … (19) E.L.T. 590 (Tribunal) (Order No. 591/84-D dated 11-10-84) (CEGAT) in para 39 the same position has been reiterated. In that case the Tribunal has … the Delhi High Court has relied on judgment of the Supreme Court in Bolani Ores v. State of Orissa [AIR 1975 (S.C.) 17]. According to the Government the ratio of the judgment of the Delhi High Court … of a Review Notice, dated nil, in exercise of the power under Section 36(2) of the Central Excises and Salt Act, 1944, as it then