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Dr. Sharda Prasad Sinha Vs. State of Bihar

Court : Supreme Court of India

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) - Sections 482

Reported in : AIR1977SC1754; 1977CriLJ1146; (1977)1SCC505; [1977]2SCR357

January, 1976 charging him with having committed offences under Section 54(1)(a) and Section 57(c) of the Bihar and Orissa Excise Act 1915. The allegations on the basis of which the complaint was filed are material and we … 1976 charging him with having committed offences under Section 54(1)(a) and Section 57(c) of the Bihar and Orissa Excise Act 1915. The allegations on the basis of which the complaint was filed are material and we may set

Harendra Prasad Sahu Vs. State of Orissa

Court : Orissa

Subject : ExciseCriminal

Reported in : 2008(II)OLR35

Court of learned S.D.J.M., Titilagarh, for alleged commission of offence punishable under Sections 47(a)/57(c) of the Bihar and Orissa Excise Act (for short the 'Act').2. The facts as alleged in the F.I.R. is that on 07.11.2006 at … of learned S.D.J.M., Titilagarh, for alleged commission of offence punishable under Sections 47(a)/57(c) of the Bihar and Orissa Excise Act (for short the 'Act').2. The facts as alleged in the F.I.R. is that on 07.11.2006 at about 9 … S.C. Parija, J.1. The petitioner has filed this application under Section 482, Cr.P.C. challenging the initiation of criminal proceeding against him and Ors.

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

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 … in Charubala Sasmal v. State of Orissa and Anr., 2002 (I) CLR 57 wherein the aforesaid decision of the learned single Judge in Gouri Shankar

Appanna Vs. the State

Court : Orissa

Subject : Criminal

Acts : Bihar and Orissa Excise Act, 1915 - Sections 47, 57 and 87

Reported in : AIR1951Ori29

The petitioner (Ch. Appanna) has been convicted Under Section 47(a), Bihar and Orissa Excise Act, for having in possession and causing the sale of Government … ORDERBay, C.J.1. The petitioner (Ch. Appanna) has been convicted Under Section 47(a), Bihar and Orissa Excise Act, for having in possession and causing the sale of Government licensed liquor in a tati enclosure near the … The crucial position, therefore, is whether the offence in the present case is one under Schedule 7 or Section 57. Section 57 either (b) or (c) refers to such violation of rules or conditions of license as are

Balkishan A. Devidayal Vs. State of Maharashtra

Court : Supreme Court of India

Subject : Criminal

Acts : Indian Penal Code (IPC) - Sections 8(1), 9(3), 9(4), 14, 160, 161, 193 and 228; Code of Criminal Procedure (CrPC) - Sections 2, 3, 4, 4(2), 5, 6, 7, 8, 8(1), 9, 9(3), 10, 11, 12, 13, 14, 18, 19, 19B, 21, 22, 23, 25, 77, 78(3), 154, 155(2), 156, 160, 162, 162(1), 173, 173(1), 173(4), 190, 190(1) and 251-A; Code of Civil Procedure (CPC), 1908 - Sections 132 and 133; Evidence Act - Sections 3, 8, 8(1), 8(2), 9, 9(3), 9(4), 21, 24, 25, 26, 27, 32, 77(2), 78(3), 145, 162, 162(1) and 165

Reported in : AIR1981SC379; (1980)82BOMLR471; 1980CriLJ1424; (1980)4SCC600; [1981]1SCR175

Bench. There, the question was, whether an Excise Officer exercising the power of investigation under the Bihar and Orissa Excise Act, 1915, is a 'police officer' within the meaning of Section 25, Evidence Act. Mudholkar, J. speaking … There, the question was, whether an Excise Officer exercising the power of investigation under the Bihar and Orissa Excise Act, 1915, is a 'police officer' within the meaning of Section 25, Evidence Act. Mudholkar, J. speaking for himself

The State of Madhya Pradesh Vs. Ramcharan

Court : Madhya Pradesh

Subject : CriminalConstitution

Acts : Evidence Act, 1872 - Sections 57 and 78; Telegraph Wires (Unlawful Possession) Act, 1950 - Sections 7(1); Constitution of India - Article 13

Reported in : AIR1977MP68

SC 1686 = (1966) I SCR 865 a notification issued under Section 27 of the Bihar and Orissa Excise Act, 1915 imposing a countervailing duty on foreign liquor was held to be existing law within the meaning of … by Article 372 of the Constitution. In Kalyani Stores v. State of Orissa, AIR 1966 SC 1686 = (1966) I SCR 865 a notification issued … was not a part of law of the land and judicial notice could not be taken thereof under Section 57(1) of the Evidence Act, 1872. There are also some general observations in the case that a notification is

Ticken Rout vs State of Kerala

Court : Kerala

Subject : Land Acquisition

- VIII, ERNAKULAM APPELLANT/ACCUSED NO.1: TICKEN ROUT AGED 25 YEARS S/O NIDHI ROUT, ACHALAKOT-VILLAGE TIGIRUIA-PS/POST, CUTTACK RURAL -DISTRICT, ODISHA- STATE, (PRESENTLY LODGED AT CENTRAL PRISON VIYOOR)., PIN - 754030 BY ADVS. BIJU ANTONY ALOOR K.P.PRASANTH VISHNU DILEEP … that they needed the presence of a Gazetted Officer. Accordingly, PW3, the Excise Circle Inspector, Kothamangalam was contacted over phone. PW3 reached the spot by … grounds:-(a) The mandate of Section 50 of the NDPS Act hasnot been complied with. (b)There is violation of Section 57 of the Act. (c)The evidence of official witnesses who supported the prosecution is not credible. ..5..8. The alleged

Pagala Padhi Vs. State of Orissa

Court : Orissa

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 … before a Magistrate having jurisdiction in the case, or before the officer in charge of a police station. Section 57 mandates that no police officer shall detain in custody a person arrested without warrant for a period exceeding

Balukishan A. Devidaval Vs. the State of Maharashtra

Court : Mumbai

Subject : Criminal

Reported in : 1975CriLJ1891

then was) Mudholkar. JJ.. Raghubar Dayal J. dissenting) that Inspector and Sub-Inspector of Excise under the Bihar and Orissa Excise Act, 1915 were 'police officers.'(3) Soni Vallabhadas Liladhar v. Asst. Collector of Customs AIR 1965 SC 481 … Macleod, O J. and Crump, J, held in the case of a prosecution under the Bombay Salt and Excise Act, an Excise Officer was not a police officer within the meaning of Section 25 of the Indian Evidence

Sri Nasar Kumbhar Vs. State of Odisha

Court : Orissa

Subject : Education

the rest Ganja was kept in the Court Malkhana. The preliminary report of arrest, search and seizure under section 57 of the N.D.P.S Act was also prepared.3. During investigation, the S.I. of Excise made requisition to RTO, Raipur … section 438 of the Code of Criminal Procedure. Sri Nasar Kumbhar -------------…..… Petitioner -Versus……… Opp. Party State of Odisha For Petitioner: - For Opp. party: - M/s. S.S. Das, Suman Modi, P.K. Ghosh, S.S.Pradhan, M. Pattnaik. Mr.