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State of Orissa and ors. Vs. Harinarayan Jaiswal and ors.

Court : Supreme Court of India

Subject : Excise

Acts : Constitution of India - Articles 14, 19(1) and 19(6); Bihar and Orissa Excise Act, 1915 - Sections 2(9), 22, 29, 29(1) and 29(2); Indian Councils Act, 1892 - Sections 5; Orissa Excise Rules, 1965; Bihar and Orissa Excise (Amendment) Act, 1970

Reported in : AIR1972SC1816; 38(1972)CLT481(SC); (1972)2SCC36; [1972]3SCR784

carrying on the business of selling country liquor. In pursuance of the order made by the State of Orissa, the Excise Commissioner notified on January 8, 1971 that the exclusive privilege of selling by retail the country … law as well as the orders passed by the Government under Section 29 of the Bihar and Orissa Excise Act, 1915 (as amended upto October 6, 1970) (to be hereinafter referred to as the Act). The preamble to … itself to the Government for refusing to confirm the bids were irrelevant. 4. Before proceeding to pronounce on the contentions advanced at the hearing, it

Rajat Kumar Pattnayak Vs. State of Orissa

Court : Orissa

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 4, 5 and 457; Bihar and Orissa Excise Act, 1915 - Sections 47, 55, 67 and 68; Constitution of India - Articles 226 and 227

Reported in : 95(2003)CLT307; 2003(I)OLR187

in the offences under Section 47 (a)/ 55 of the Bihar and Orissa Excise Act. In connection with the said offences, Aska P.S. Case No. … allegation that it was involved in the offences under Section 47 (a)/ 55 of the Bihar and Orissa Excise Act. In connection with the said offences, Aska P.S. Case No. 26 of 2002 was registered (G, R. Case … procedure prescribed, by any other law for the time being in force'.A bare reading of Sub-section (1) of Section 4, Cr.P.C. would show that all offences under Indian Penal Code shall be investigated, inquired into, tried and otherwise

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 … that the Boden is a block headquarters having floating population as about 4 p to 5 thousand per day. There is also no any kind … 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

Rajeshwar S/O Hiraman Mohurle (In Jail) Vs. the State of Maharashtra

Court : Mumbai

Subject : Criminal

Acts : Maharashtra Village Police Act, 1967 - Sections 2, 5, 6, 9, 13 to 15, 19, 21, 21(1), 21(2), 36A(1) and 53; ; Evidence Act, 1872 - Sections 24, 25 and 26; Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 53; Central Excise and Salt Act, 1944; Bihar and Orissa Excise Act, 1915 - Sections 77(2) and 78(3); Sea Customs Act, 1878 - Sections 167(81) and 171A; Police Act, 1861; Central Excise Act - Sections 21; Bihar and Orissa Excise Act, 1955 - Sections 77 and 78(3); Indian Penal Code (IPC) - Sections 302; Code of Criminal Procedure (CrPC) - Sections 4(2), 156, 162, 164, 173, 190 and 202; Code of Criminal Procedure (CrPC) , 1898 - Sections 5(2) and 156; Constitution of India - Article 141

Reported in : 2009CriLJ3816; 2009(4)MhLj483:2009(5)AIRKarR407

Sub-section (1) of Section 21. Section 21 is in terms different from Section 78(3) of the Bihar and Orissa Excise Act, 1915 which came to be considered in Raja Ram Jaiswal's case, : 1964CriLJ705 , and which … (1) of Section 21. Section 21 is in terms different from Section 78(3) of the Bihar and Orissa Excise Act, 1915 which came to be considered in Raja Ram Jaiswal's case, : 1964CriLJ705 , and which provided in … 2003 passed by the Additional Sessions Judge, Gadchiroli in Sessions Case No. 48/1999 convicting the appellant for the offence punishable under Section 302 of the

Girish Naik Vs. State of Orissa

Court : Orissa

Subject : Criminal

Acts : Bihar and Orissa Excise Act, 1915 - Sections 47; Probation of Offenders Act, 1958 - Sections 4 and 6

Reported in : 1994(I)OLR48

the conviction of the petitioner Under Section 47(a) of the Bihar and Orissa Excise Act. 1915, for having possessed 25 litres of illicit liqor, for … C.J.1. This revision was against the conviction of the petitioner Under Section 47(a) of the Bihar and Orissa Excise Act. 1915, for having possessed 25 litres of illicit liqor, for which offence sentence of R. I. for 6 … Officer, Dhenkanal, therefore, recom rrends that a chance may be given to the petitioner to correct his behaviour.3. Section 4 of the Probation of Offenders Act requires character of the offender to be borne in mind along with

Pilli Dilli Dora Vs. State of Orissa

Court : Orissa

Subject : Narcotics

Acts : Narcotic Drugs and Psychotropic Substances Act, 1986 - Sections 2, 8, 20 and 41 to 68; Code of Criminal Procedure (CrPC) , 1973 - Sections 4, 100, 165 and 293; Bihar and Orissa Excise Act, 1915 - Sections 74; Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 8

Reported in : 1995(1)ALT(Cri)14; 78(1994)CLT734; 1995CriLJ1758

Orissa, (1990) 69 Cut LT 718 (DB) held that non-compliance of Section 74 of the Bihar and Orissa Excise Act, 1915 which requires the Excise Officer to record the grounds of his belief before search is undertaken, ipso … 3702) (supra) indicated the stage where Section 50 of the Act would come into play. After referring to Section 4 of the Code of Criminal Procedure, 1973 which states that the provisions of the Cr. P.C. are applicable … (supra). A Bench of this Court in Nilamber Sahu v. State of Orissa, (1990) 69 Cut LT 718 (DB) held that non-compliance of Section 74

M/S. J.P. Distilleries Private Limited, Bangalore and Others Vs. State ...

Court : Karnataka

Subject : Excise

Acts : Karnataka Excise Act, 1965 - Sections 71(1); Karnataka Excise (Distillery and Warehouse) Rules, 1968 - Rules 7(1) and 8-A; Karnataka Town and Country Planning Act, 1961 - Sections 4-A and 24; Orissa Excise Act, 1915

Reported in : 1998(1)KarLJ388

manufacturing micanite. It has challenged the licence fee levied upon it under the provisions of the Bihar and Orissa Excise Act, 1915 and the rules framed thereunder on the ground that there was no sufficient quid pro … FD 10 PHS 95(II), dated 31-5-1995 (Annexure-D) issued by the State Government under Section 71(1) of the Karnataka Excise Act, 1965 (in short 'the Act'), whereby by amending Rule 7 of the Karnataka Excise (Distillery and Warehouse) Rules, … under these rules, within Bangalore City Planning Areas as declared under Section 4A of the Karnataka Town and Country Planning Act, 1961, an additional licence

Awadh Prasad Singh and Others Vs. State of Bihar and Others

Court : Supreme Court of India

Subject : Service

Acts : Inspectors of Excise Recruitment Rules, 1936 - Rules 1 and 4; Indian Foreign Service Branch 'B' (Recruitment, Cadre, Seniority and Promotion) Rules, 1964 - Rules 21(4) and 25; Constitution of India - Articles 14 and 16; Jaipur Opium Act - Sections 1; Delhi Higher Judicial Service Rules, 1970 - Rule 7; Bihar and Orissa Excise Act, 1915 - Sections 2(7), 7(2) and 89; Mysore Administrative Service (Recruitment) Rules, 1957 - Rule 17; The Military Engineer Services Class I (Recruitment, Promotion and Seniority) Rules, 1949 - Rules 3 and 4; Jaipur Laws Act, 1923

Reported in : AIR1990SC1256; JT1990(3)SC483; 1990LabIC1027; (1990)IILLJ249SC; 1990(1)SCALE587; (1990)3SCC294; [1990]2SCR193

order as to costs. Excise - gradation list - Sections 2 (7), 7(2), and 89 of Bihar and Orissa Excise Act, 1915, Rules 1 and 4 of Inspectors of Excise Recruitment Rules, 1936, Rule 17 of Mysore … quota. In order to decide this question, it is relevant to refer to certain provisions of the Bihar Excise Act, 1915 as well as Rules 1 & 4 of the Inspectors of Excise Recruitment Rules, 1936.6. Section 2(7)

Dusasan Behera Vs. State of Orissa and ors.

Court : Orissa

Subject : Excise

Acts : Bihar and Orissa Excise Act, 1915 - Sections 45; Orissa Excise Rules, 1965 - Rules 4(2) and 45

Reported in : 78(1994)CLT877; 1994(II)OLR613

Accordingly/ an afidavit has been filed on 16-7-1994 stating therein that Under Section 45 of the Bhihar and Orissa Excise Act, no person to whom any licence or exclusive privilege has been granted under the Act shall … an afidavit has been filed on 16-7-1994 stating therein that Under Section 45 of the Bhihar and Orissa Excise Act, no person to whom any licence or exclusive privilege has been granted under the Act shall have any … with the Revenue Department order dated 23-4-1991 as amended by order dated 4-1-1992, but since the grantor has a right to refuse the grant of

idl Chemicals Ltd. Vs. Collector of Central Excise

Court : Supreme Court of India

Subject : Excise

Acts : Central Excise Act, 1944 - Sections 4(1); Central Excise Rules - Rule 9 and 9A

Reported in : 84(1997)CLT434; 1997(92)ELT289(SC); JT1997(5)SC440; 1997(4)SCALE199; (1997)5SCC311

the duty is to be paid on the 'normal price', a contemplated by Section 4(1) of the Central Excise Act, 1944. The 'normal price' is a price at which the goods are usually sold to the wholesale dealers. … long term contract.(iv) Goods which are transferred from the factory premises to various magazines outside the State of Orissa which ultimately are sold to persons enumerated in categories (i), (ii) and (iii).2. There is no dispute that