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Jul 06 1984

Krushna Chandra Behera Vs. State

Court : Orissa

Decided on : Jul-06-1984

Subject : Excise

Acts : Bihar and Orissa Excise Act, 1975 - Sections 47, 49, 55, 56 and 74

Reported in : 58(1984)CLT201; 1984(II)OLR698

is vitiated for non-compliance with the provisions of Section 74 of the Orissa Excise Act ; and(b) The appreciation of the evidence of the Courts … contentions, namely--(a) The entire proceeding is vitiated for non-compliance with the provisions of Section 74 of the Orissa Excise Act ; and(b) The appreciation of the evidence of the Courts below is palpable erroneous and unreasonable and hence … notification, prescribe, has reason to believe that an offence punishable under Section 47, Section 49, Section 55, or Section 56 has been, is being, or is likely to be, committed or abated, and that a search-warrant cannot be

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Jan 21 1975

Har Shankar and ors. Vs. the Dy. Excise and Taxation Commr. and ors.

Court : Supreme Court of India

Decided on : Jan-21-1975

Subject : Excise

Acts : Punjab Excise Act, 1914 - Sections 3(9), 5, 8, 16, 17, 20, 20(1), 20(2), 24, 24(4), 26, 27, 27(2), 34, 34(1), 35(2), 36, 43, 56, 58, 59, 60 and 60(1); Bombay Prohibition Act, 1949; Cochin Abkari Act; Bombay Lotteries and Prize Competition Control and Tax Act, 1948; Punjab Liquor Licence Rules, 1956 - Rules 1, 11, 12, 23, 24, 27A, 28, 30, 31, 35, 36, 36 (23-A), 59 and 103(1); Punjab Liquor Licence (First Amendment) Rules, 1968 - Rule 27-A; Prohibition and Excise Laws; Federal law; Constitution of India - Articles 14, 19, 19(1), 19(6), 47, 132(1), 133(1), 226, 298 and 301; Ajmer Excise Regulation - Regulation 1915; Bombay Abkari Act, 1878; Bengal Excise Act, 1909; Madras Abkari Act, 1886; Eastern Bensal and Assam Excise Act, 1910; Bihar and Orissa Excise Act, 1915 - Sections 2

Reported in : AIR1975SC1121; (1975)1SCC737; [1975]3SCR254; MANU/SC/0321/1975

Province, the Eastern Bensal and Assam Excise Act 1910; the Bihar and Orissa Excise Act 1915; the Cochin Abkari Act as amended by the Kerala … sale of country spirit, foreign liquor, Beer, etc. shall be granted subject to the provisions of the Punjab Excise Act, 1 of 1914, (hereinafter called 'the Act') and the rules framed thereunder. By Condition 14(1), licences for retail … cancel or suspend it if, inter alia, any duty or fee payable thereon has not been duly paid.33. Section 56 of the Act empowers the State Government to exempt any intoxicant from the provisions of the Act. By … Section 58 the State Government may make rules for the purpose of carrying out the provisions of this Act. Section 59 empowers the Financial Commissioner by Clause (a) to regulate the manufacture, supply, storage or sale of any

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Mar 02 1989

Orient Paper and Industries Ltd. and anr. Vs. Union of India (Uoi) and ...

Court : Orissa

Decided on : Mar-02-1989

Subject : Excise

Reported in : 1989(24)ECC30

STATE FINANCIAL CORPORATIONS ACT, 1951 [63/1951]. Section 29; [P.K. Tripathy, A.K. Parichha & N.Prusty, JJ] Discharge of loan Orissa Forest Act (14 of 1972), Section 56 Confiscation of vehicle - Held, The Authorities under Section 56 of … prayed that let it be declared that Section 4 of the Central Excise and Salt Act, 1944, purports to levy duty only on the cost … Section 29; [P.K. Tripathy, A.K. Parichha & N.Prusty, JJ] Discharge of loan Orissa Forest Act (14 of 1972), Section 56 Confiscation of vehicle - Held, The Authorities under Section 56 of the Orissa Forest Act, 1972 are not

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Sep 14 1972

Sandhi Mamad Kala Vs. State of Gujarat

Court : Gujarat

Decided on : Sep-14-1972

Subject : Criminal

Reported in : (1973)14GLR384

was that the various authorities concerned with the settlement of excise shops under the Eastern Bengal and Assam Excise Act, 1910, were 'merely administrative bodies, and, therefore, their orders, whether passed in the first instance or on appeal, … in the field of administrative law. The question is whether an authority passing an order of externment under Section 56 of the Bombay Police Act, 1951, (hereinafter referred to as 'the Act') and the State Government disposing of … in this respect and laid down the correct principle in State of Orissa v. Miss Binapani Dei. (Dr.) : (1967)IILLJ266SC :We think that such an

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Jan 05 1996

Pagala Padhi Vs. State of Orissa

Court : Orissa

Decided on : Jan-05-1996

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 167

Reported in : 1996(I)OLR193

Act, Section 25 of the Arms Act and Section 47(a), Bihar and Orissa Excise Act. All these three accused persons were arrested and forwarded to … Section 20(b) of the NDPS Act, Section 25 of the Arms Act and Section 47(a), Bihar and Orissa Excise Act. All these three accused persons were arrested and forwarded to custody on 14-9-1995. On completion of 60 days … is fundamental that a person arrested for committing an offence shall not unnecessarily be detained by the police. Section 56, Cr PC provides that a police officer making arrest without-warrant shall, without unnecessary delay and subject to the

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Jan 14 2003

Rajat Kumar Pattnayak Vs. State of Orissa

Court : Orissa

Decided on : Jan-14-2003

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

the 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, … 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 … 457, Cr.P.C. 1973). Thereafter, the petitioner again filed a revision petition No. 56 of 2002 before the learned Addl. Sessions Judge, Bhanjanagar. But by order

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Aug 16 1978

P.N. Kaushal and ors. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Decided on : Aug-16-1978

Subject : Excise

Acts : Constitution of India - Articles 14, 19(1) and (6) and 47; Punjab Excise Act, 1914 - Sections 58 and 59; Punjab Excise Act and Liquor Licence (Second Amendment) Rules - Rule 37

Reported in : AIR1978SC1457; (1978)3SCC558; [1979]1SCR122

contained in the Excise Manual United Province, the Eastern Bengal and Assam Excise Act 1910; the Bihar and Orissa Excise Act 1915; the Cochin Abkari Act as amended by the Kerala Abkari Laws Act 1964; the Madhya … in the private sector, puts in issue the constitutionality of Section 59(f)(v) and Rule 37 of the Punjab Excise Act and Liquor Licence (Second Amendment) Rules, (hereinafter, for short, the Act and the Rules). The tragic irony of … alia, any duty or fee payable thereon has not been duly paid.Section 56 of the Act empowers the State Government to exempt any intoxicant from

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Jul 30 2004

Ganapati Exports Ltd. and ors. Vs. S. Pervez, Enforcement Officer and ...

Court : Kolkata

Decided on : Jul-30-2004

Subject : FERA

Acts : Foreign Exchange Regulation Act, 1973 - Sections 23, 50, 56, 57 and 61(2)

Reported in : (2005)2CALLT244(HC),2004(4)CHN293,[2005]128CompCas748(Cal),2006CriLJ2352,[2006(3)JCR474(Cal)],[2005]62SCL529(Cal)

been used in any other Act dealing with similar economic offences such as Customs Act, Income-tax Act, Central Excise Act, etc. These words have been added toSection 56 of the new Act of 1973. It is submitted by … Foreign Exchange Regulation Act, 1973 (hereinafter referred to as FERA, 1973) and thereby committed an offence punishable under Section 56 of the said Act. The accused petitioner Nos. 2 and 3 being Chairman and Managing Director of the … Gorabadu vs. State, it was held by the learned Single Judge of Orissa High Court that dropping of a confiscation proceeding before the Collector shall

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Mar 30 1995

St. Anthony's High School Trust and Anr. Vs. State of Goa and Anr.

Court : Mumbai

Decided on : Mar-30-1995

Subject : Constitution

Acts : Goa, Daman and Diu Education Act, 1984 - Sections 20; Goa, Daman and Diu Education Rules, 1986 - Rules 56, 58, 74, 90 and 100; Constitution of India - Article 30(1)

Reported in : 1996(5)BomCR33

determine whether the requirements of public interest or public purpose were satisfied. In Kalyani Stores v. State of Orissa, validity of a notification issued under section 27 of the Bihar and Orissa Excise Act (2 of 1915) … Stores v. State of Orissa, validity of a notification issued under section 27 of the Bihar and Orissa Excise Act (2 of 1915) imposing a new rate of Rs. 70/- per L.P. Gallan as duty on liquor was … been superseded, she filed in this Court a Writ Petition bearing No. 56 of 1985. The said petition in due course was rejected as having

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Mar 29 1989

Straw Products Limited and anr. Vs. Asstt. Collr. Ce and Cus. and anr.

Court : Orissa

Decided on : Mar-29-1989

Subject : Customs

Reported in : 1989(24)LC630(Orissa)

G.B. Patnaik, J.1. The order of the Assistant Collector, Central Excise & Customs, Sambalpur Division, dated 1.6.1987 (Annexure-1) rejecting the application of the petitioner-company for refund, which it claims … avail the benefit of proforma credit under Rule 56-A of the Central Excise Rules, 1944 (hereinafter referred … paise, it was mentioned as Rs. 83,99,509.37 paise. It was also stated that though the High Court of Orissa by judgment dated 17.10.1985 in O.J.C. No. 1128 of 1984 directed the Assistant Collector to allow proforma credit … No. 17 of the First Schedule to the Central Excises & Salt Act, 1944 (hereinafter referred to as the 'Act'). The wrapping paper so manufactured … which a major portion of the claim became time barred as per Section 11B of the Act. The petitioner gave its reply along with all

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