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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

Minaketan Muduli Vs. State of Orissa

Court : Orissa

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 401; Bihar and Orissa Excise Act - Sections 47; Evidence Act - Sections 45

Reported in : 2000(II)OLR647

action and guidance. Criminal - Liquor - Seizure of - Investigation - Section 47(a) of Bihar and Orissa Excise Act, Section 401 of Code of Criminal Procedure, 1973(Cr.P.C.) and Section 45 of Indian Evidence Act,1872 - Concerned witness while … and seized for which he found him guilty of the charge under Section 47(a) of the Bihar and Orissa Excise Act and convicted and sentenced him as stated earlier.6. On appeal the learned lower appellate Court while

Biswanath Sahoo Vs. State

Court : Orissa

Subject : Criminal

Acts : Bihar and Orissa Excise Act, 1915 - Sections 45 and 47; Code of Criminal Procedure (CrPC) , 1973 - Sections 401

Reported in : 93(2002)CLT327; 2002CriLJ2254; 2002(I)OLR316

conform to the test as prescribed under Section 47(a) of the Bihar & Orissa Excise Act read with Section 45 of the Evidence Act. For getting expertise knowledge one has to have sufficient special training, then only, one … below in a case registered under Section 47(a) of the Bihar & Orissa Excise Act; 2. The short history of the prosecution case is as … passed by both the courts below in a case registered under Section 47(a) of the Bihar & Orissa Excise Act; 2. The short history of the prosecution case is as follows : That on 30th May, 1993 at

Suma Das Vs. State of Orissa

Court : Orissa

Subject : CriminalExcise

Acts : Bihar and Orissa Excise Act, 1915 - Sections 47; Evidence Act - Sections 45

Reported in : 1993(II)OLR392

The petitioner having been convicted Under Section 47(a) of the Bihar and Orissa Excise Act and sentenced to Rl for one year and fine of … L. Rath, J.1. The petitioner having been convicted Under Section 47(a) of the Bihar and Orissa Excise Act and sentenced to Rl for one year and fine of Rs. 500/-, in default to undergo Rl for … of an experienced and specially trained officer can however be accepted only as expert evidence as contemplated Under Section 45 of the Evidence Act That section requires inter alia that the opinion of only persons specially skilled in

Shiv Kumar Bhagat Vs. State of Bihar and ors.

Court : Supreme Court of India

Subject : Commercial

Acts : 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

Reported in : 2003(3)BLJR2091; [2003(4)JCR113(SC)]; JT2003(Suppl1)SC41; 2003(7)SCALE415; (2003)7SCC736

on the ground that the same 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 of the Bihar Excise Act, 1915 … 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

Simanchal Choudhury Vs. State of Orissa

Court : Orissa

Subject : Criminal

Acts : Bihar and Orissa Excise Act, 1915 - Sections 47; Evidence Act, 1872 - Sections 45

Reported in : 2005(II)OLR401

convicting and sentencing the petitioner under Section 47(a) of the Bihar and Orissa Excise Act, 1915.2. The prosecution case in brief is that on 4.12.1994 … passed by the Courts below convicting and sentencing the petitioner under Section 47(a) of the Bihar and Orissa Excise Act, 1915.2. The prosecution case in brief is that on 4.12.1994 at about 12.30 P.M., the Sub-Inspector of Excise … Officer bearing some experience due to his long service cannot be termed as an expert in terms of Section 45 of the Evidence Act. Further, in the instant case, identification of the liquid seized by P.W.2 as I.D.liquor

Basudev Pradhan Vs. State of Orissa

Court : Orissa

Subject : Criminal

Acts : Bihar and Orissa Excise Act, 1915 - Sections 47 and 48; Evidence Act, 1872 - Sections 45

Reported in : 2000CriLJ2553

of six months r.i. imposed under Section 47(a) of the Bihar and Orissa Excise Act, 1915 (hereinafter referred to as the Act').2. On 25-9-1995 the … of his conviction and sentence of six months r.i. imposed under Section 47(a) of the Bihar and Orissa Excise Act, 1915 (hereinafter referred to as the Act').2. On 25-9-1995 the Sub-Inspector of Excise (PW-2) and the Excise Constable … resultant of special training on the line, he would not be acceptable as an expert as contemplated under Section 45 of the Indian Evidence Act, 1872.On careful perusal of the judgment in the case of Suma Das, I

Raghunath Sahoo and Satrughna Sahoo Vs. State of Orissa

Court : Orissa

Subject : Criminal

Acts : Bihar and Orissa Excise Act, 1915 - Sections 47; Evidence Act, 1872 - Sections 45

Reported in : 2002(II)OLR490

learned Appellate Courts under Section 47(a) and (f) of the Bihar and Orissa Excise Act. Hence these revisions.2. In Criminal Revision No. 108/95 the factual … have been dismissed by the learned Appellate Courts under Section 47(a) and (f) of the Bihar and Orissa Excise Act. Hence these revisions.2. In Criminal Revision No. 108/95 the factual matrix leading to filing of this revision is … officer, whose evidence will come within the fold of the evidence of an Expert witness as contemplated under Section 45 of the Evidence Act. The question is as to whether can an officer recently join in service, claim

M.R. Patel Vs. State of Bihar and ors.

Court : Supreme Court of India

Subject : Commercial

Acts : Bihar and Orissa Excise Act, 1915 - Sections 2(7), 8, 8(3), 34, 35, 38, 40, 45 and 91; Constitution of India - Article 136

Reported in : 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 … exception can be taken to this direction. The licensee had no right to a renewal of the license. Section 45 of the Act provides that he shall have no claim to its renewal. The licensing authority was not

Premlata Gupta Vs. State of Bihar and ors.

Court : Patna

Subject : ConstitutionCommercial

Acts : Bihar and Orissa Excise Act, 1915 - Sections 89; Bihar Excise Rules - Rules 44, 45 and 46; Constitution of India - Article 14

of the additional licence is to be considered in accordance with Rule 45 of the Bihar Excise Rules 1951 and as the true import of … framed by the State Government in exercise of the powers conferred by Section 89 of the Bihar and Orissa Excise Act read as under:- '44. Licences for the wholesale or retail vend of excisable articles may be … by the State Government in exercise of the powers conferred by Section 89 of the Bihar and Orissa Excise Act read as under:- '44. Licences for the wholesale or retail vend of excisable articles may be granted for