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Government of Andhra Pradesh and ors. Vs. A. Hanumantha Rao and ors.

Court : Andhra Pradesh

Subject : Excise

Acts : Andhra Pradesh Excise Act, 1968 - Sections 9, 11, 12, 15, 17, 28, 29 and 72; Andhra Pradesh Prohibition Act, 1995; Indian Stamp Act, 1899; Bengal Excise Act, 1909 - Sections 42 and 43; Bihar and Orissa Excise Act, 1915; Bihar and Orissa Excise Rules; Tamil Nadu Prohibition Act, 1937 - Sections 17C, 17D, 21 and 54; Tamil Nadu Liquor (Retail Vending) Rules, 1989; Bar Rules; Tamil Nadu Minor Mineral Concession Rules, 1959 - Rules 8C and 9; Andhra Pradesh Indian Liquor and Foreign Liquor Rules, 1970 - Rules 3, 23, 24, 26A, 26A(2), 28, 30, 31, 65(2) and 70; Andhra Pradesh Excise (Lease of Right to Sell Indian Liquor and Foreign Liquor in Retail) Rules, 1993 - Rule 3; Tamil Nadu Liquor (Retail Vending) Rules, 1989 - Rule 14 and 14(3); Tripura Excise Rules, 1962 - Rule 164A; Consti

Reported in : 2005(2)ALD780; 2005(2)ALT653

mode and settlement of right to vend the Indian made foreign liquor under the provisions of Bihar and Orissa Excise Act, 1915 and the Rules made thereunder. In the year 1984, the State Government decided to make … by wholesale or by retail, any liquor in the State of Andhra Pradesh is governed by Andhra Pradesh Excise Act, 1968 (for short 'the Act'), and the grant of licences for the import, export, transport and sale of … curtail or reduce the period of licence except as provided under Sections 42 and 43 of the Act. The licence already granted for a period … from time to time enunciating liquor policy of the State every year. Section 17 of the Act provides that the Government may grant a licence

Chaitram Vs. Superintendent of Excise and ors.

Court : Orissa

Subject : Excise

Acts : Bihar and Orissa Excise Act, 1915 - Sections 22(2) and 42(1); Board's Rules, 1965 - Rule 118

Reported in : AIR1974Ori31; 39(1973)CLT271

notice as to why the grants of the above four shops should not be cancelled as provided under Section 42 (1) (b) of the Orissa Excise Act. X X X X X'The petitioner on 23-12-72 wrote back to … located in thedistrict of Puri under Section 22 of the Bihar and Orissa Excise Act for the year 1972-73 on a monthly consideration of Rs. … Naharpara, Daspalla and Chandka all located in thedistrict of Puri under Section 22 of the Bihar and Orissa Excise Act for the year 1972-73 on a monthly consideration of Rs. 50,500/- by the State Government. Licenses were issued

Krushna Chandra Sahu and anr. Vs. State of Orissa and ors.

Court : Orissa

Subject : Excise

Acts : Bihar and Orissa Excise Act, 1915 - Sections 22, 42 and 43

Reported in : 86(1998)CLT637; 1998(II)OLR203

of one Krushna Chandra Sahu and another Narendra Sahu against State of Orissa by impleading Commissioner, Excise, Orissa, Collector, Ganjam at Chatrapur and Superintendent of … any situation. He has drawn attention of the Court to Section 22 (a) of the Bihar and Orissa Excise Act, 1915. Section 22 refers to grant of exclusive privilege of manufacture and sale of country liquor or intoxicating … Act considers that the licence (exclusive privilege) should be withdrawn for any cause other than those specified in Section 42, it shall remit a sum equal to the amount of the fees (or consideration money) payable in respect

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

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 … 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 … advance, the monthly fee mentioned therein. It is nobody's case that the licenses were cancelled or suspended under Section 42 of the Act for any of the reasons mentioned in the section, or that the licenses were withdrawn

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. … of the N.D.P.S. Act is applicable, in view of non-compliance with the mandatory provisions of Section 50 and Section 42 of the N.D.P.S. Act, the petitioner should be released on bail. He has drawn my attention to several

K. Narayan Rao and ors. Vs. State of Orissa and ors.

Court : Orissa

Subject : ExciseCommercial

Reported in : 107(2009)CLT638

show cause in view of the provision in Section 22 read with Section 42 of the Bihar and Orissa Excise Act, 1915 (hereinafter referred to as 'the Act'). In that respect, the Opposite Parties, i.e. the State … cause in view of the provision in Section 22 read with Section 42 of the Bihar and Orissa Excise Act, 1915 (hereinafter referred to as 'the Act'). In that respect, the Opposite Parties, i.e. the State and its

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 … or pass is liable to be cancelled or suspended under Clause (a), Clause (b) or Clause (c) of Section 42, or who is reasonably suspected of having committed an offence punishable under any Section of this Act other

Khoday Distilleries Ltd. and ors. Vs. State of Karnataka and ors.

Court : Supreme Court of India

Subject : Constitution

Acts : Constitution of India - Articles 14, 19(1), 19(2), 19(6), 47. 300A, 301 and 304; Andhra Pradesh (Regulation of Wholesale Trade, Distribution and Retail Trade in Indian Liquor and Foreign Liquor, Wine and Beer) Act, 1993

Reported in : JT1994(6)SC588; 1994(4)SCALE528; (1995)1SCC574; [1994]Supp4SCR477; MANU/SC/0572/1995

arose out of the orders passed by the revenue authorities under the provisions of Eastern Bengal and Assam Excise Act, 1910. The dispute was between the rival claimants who had tendered for the settlement of country spirit shops. … Act, 1909 which empowered the licensing authority to withdraw the licence for any reason whatsoever not falling under Section 42 of that Act, were unreasonable and violative of the appellant's fundamental right under Article 19, and held as … order, we may now refer to the next decision, viz., State of Orissa and Ors. v. Harinarayan Jaiswal and Ors. : which is a decision

The State of Bihar Vs. M/S Riga Sugar Co. Ltd.

Court : Supreme Court of India

Subject : Land Acquisition

period of 90 days by an order dated 20.01.2016 issued under Section 42 (3) of the Bihar and Orissa Excise Act, 1915 (for short “the Act”) as the liquor supplied by the Respondent was found to be … of 90 days by an order dated 20.01.2016 issued under Section 42 (3) of the Bihar and Orissa Excise Act, 1915 (for short “the Act”) as the liquor supplied by the Respondent was found to be of higher

R.N. Kaker Vs. Shabir FidahuseIn and Another

Court : Mumbai

Subject : Criminal

Acts : Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 9, 14, 21, 41, 42, 42(2), 43, 44, 52, 53, 67 and 173; Evidence Act - Sections 25; Code of Criminal Procedure (CrPC) , 1973 - Sections 102(3), 161, 162, 173, 190 and 202; Bihar and Orissa Excise Act, 1915 - Sections 156; Sea Customs Act, 1878 - Sections 170; Central Excises Act, 1944; Railway Property (Unlawful Possession) Act, 1966 - Sections 8(1); Customs Act - Sections 108

Reported in : 1989(1)BomCR503; 1990CriLJ144

Act. Such questions have been decided mainly in relation to Bihar and Orissa Excise Act or Sea Customs Act or in relation to Central Excises … the provisions of the NDPS Act. Such questions have been decided mainly in relation to Bihar and Orissa Excise Act or Sea Customs Act or in relation to Central Excises and Salt Act. Mr. Desai, therefore, rightly started … by day or by night or himself arrest a person or search a building, conveyance or place. Under Section 42, any such officer (being an officer superior in rank to a peon, sepoy or constable) of the departments … (a) the officer-in-charge of the nearest police station, or (b) the officer empowered under S. 53 of the Act. Section 53 is material and it is as follows :'53(1) The Central Government, after consultation with the State Government