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Oct 18 1973

Ram Ratan Gupta Vs. the State of Madhya Pradesh and ors.

Court : Madhya Pradesh

Decided on : Oct-18-1973

Subject : Contract

Acts : Constitution of India - Article 299 and 299(1); Madhya Pradesh Excise Act, 1915 - Sections 18 and 64

Reported in : AIR1974MP101; 1974MPLJ95

default and the default, If any, was on the part of the authorities constituted under the M. P. Excise Act, 1915, and, therefore, no recovery could, be made from the petitioner.5. Presently, we shall deal with the questions … from the date of such publication or from such other date as may be specified in that behalf.6-A. Section 64 of the Act relates to recovery of Government dues. It may be relevant to reproduce the entire section, … this connection we might advert to a Division Bench case of the Orissa High Court, presided over by G.K. Mishra, C. J. and R.N. Misra,

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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 … 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 … may with advantage cite a passage from 'American Jurisprudence' (Vol. 30 pages 642, 645) which is based on the decisions Gundling v. Chicago 44 L.

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Sep 24 2002

Raghunath Sahoo and Satrughna Sahoo Vs. State of Orissa

Court : Orissa

Decided on : Sep-24-2002

Subject : Criminal

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

Reported in : 2002(II)OLR490

Appeals 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 … 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 … of the learned Sessions Judge, Koraput-Jeypore dated 23.11.1994 in Criminal Appeal No. 64/94 and Criminal Revision No. 61/96 is directed against the judgment and order

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Jul 07 2016

Surajit Nundy and Others Vs. Management of Mirambika Free Progress Sch ...

Court : Delhi

Decided on : Jul-07-2016

Subject : Land Acquisition

of Andhra Pradesh in the context of re-location of un-disposed shops from an area under the Andhra Pradesh Excise Act, 1968 in B. Venkateswarlu Vs. Government of A.P. Revenue (Excise) Department MANU/AP/0079/2014, reference therein made to Shaktikumar M. … least the High Court of Bombay in Sheela Sachidananda Damle Vs. Dy. Director of Education MANU/MH/0535/1981 and the Orissa High Court in Basudev Sarangi Vs. Inspector of Schools MANU/OR/0075/1971 and certain observations of the Supreme Court in … a building for a Research Wing, Teachers Training Wing, Children Wing (Nursery Section), Library and Auditorium; (ix) DDA vide office note dated 28th August, 1984 … cure; (d) Zee Telefilms Ltd. Vs. Union of India (2005) 4 SCC 649 to contend that an entity discharging public function is amenable to writ

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Oct 08 2004

Orissa Consumers' Association and Anr. Vs. Orissa Electricity Regulato ...

Court : Orissa

Decided on : Oct-08-2004

Subject : Electricity

Acts : Electricity Act, 2003 - Sections 179, 181, 181(3) and 182; Orissa Electricity Regulatory Commission (Conduct of Business) Regulations, 2004 - Regulation 2; General Clauses Act, 1897 - Sections 23, 23(2) and 23(5); Information Technology Act, 2000 - Sections 2(1), 4 and 8; Orissa Electricity Regulatory Commission (Terms and Conditions for Determination of Tariff for Retail Sale of Electricity) Regulations, 2004 - Regulation 2

Reported in : AIR2005Ori11

relied on the decisions of the Supreme Court in Collector of Central Excise v. New Tobacco Co., AIR 1998-SC 668, in which it has been … objections, the applications of the licencees have not been published despite a clear provision in sub-section (2) of Section 64 of the 2003 Act that every applicant shall publish the application in such abridged form and manner as … protecting the right, interest and welfare of consumers in the State of Orissa. The petitioner No. 2 is, a consumer of electricity. The Grid Corporation … imposition of tax by the Municipal Board was provided in Sections 131 to 135 of the U.P. Municipalities Act. Section 131(3) provides that the Municipal Board shall publish the proposals in the manner prescribed in Section 94 along

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Jul 25 2024

Mineral Area Development Authority Etc. Vs. M/s Steel Authority Of Ind ...

Court : Supreme Court of India

Decided on : Jul-25-2024

Subject : Land Acquisition

Income Tax Act 1961 on the payment of bottling fees made to the State Government under the Rajasthan Excise Act 1950. Section 43-B(a) allowed a deduction in respect of any sum payable by the assessee by way of … Declared by Parliament by law 24, 52, 53, 54, 56, 62, 63, 64 of List I Imposed by Parliament by law 50 of List II47 … are spatially located in a few mineral rich states, namely, Andhra Pradesh, Chhattisgarh, Gujarat, Jharkhand, Karnataka, Madhya Pradesh, Orissa, Rajasthan, and West Bengal.11 Since mineral resources are a shared inheritance of the people, it has always been

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Apr 16 2002

Pitambar Sahoo Vs. State of Orissa and ors.

Court : Orissa

Decided on : Apr-16-2002

Subject : Commercial

Acts : Constitution of India - Articles 226 and 227

Reported in : 93(2002)CLT679

and that the shop could not be located at that site, in view of Rule 31 of the Orissa Excise Rules. The petitioner also submits that if a decision were to be taken to refuse the renewal … nature for commission of a forest offence. Thus, by virtue of the provision in Section 56 read with Section 64 (2) of the Act, 1972, the action taken for confiscation of the vehicle cannot be extended to grant

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Mar 01 2000

Ram Dhani Singh Vs. Collector Sonbhadra and Others

Court : Allahabad

Decided on : Mar-01-2000

Subject : Property

Acts : Shaktinagar, Special Area Development Authority (Cess on Mineral Rights) Rules, 1997 - Rules 3 and 3(1), (2) and (3); Uttar Pradesh Special Area Development Authorities Act, 1986 - Sections 2, 3, 4, 5, 6, 7, 7(3), 17 to 50, 51, 52 and 64 to 71; Mines and Minerals (Regulation and Development) Act, 1957 - Sections 2, 8, 9 and 15; Uttar Pradesh Minor Minerals (Concession) Rules, 1963 - Rule 15; Uttar Pradesh Nagar Mahapalika Adhiniyam, 1959; Uttar Pradesh Urban Planning and Development Act, 1973; Madras Panchayats Act - Sections 115; Orissa Cess Act, 1962 - Sections 5(2); Coal Mines Nationalisation Act, 1973; Government of India Act, 1935; Cess and Other Taxes on Minerals (Validation) Act, 1992

Reported in : 2000(2)AWC1761; (2000)2UPLBEC1270

additional land revenue. Counsel gives instances of more than one Act levying excise duty on manufacture and production of goods. He relies upon the following … with matters aforesaid'. Chapter VIII of the Act, consisting of Sections 64 to 71 is entitled 'Special Areas'. Section 64 empowers the State Government to declare any area as a special area by issuing a notification. Section 65 … India Cement Limited v. State of Tamil Nadu. (1990) 1 SCO 12. Orissa Cement Limited v. State of Orissa, 1991 Supp. (1) SCC 430. He … 'authority', 'amenity', 'building', 'development', 'regulation', 'rule', 'special development area' have been defined under Section z of the aforesaid Act. Section 3 of the Act permits the State Government when it is of the opinion that any area of

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Oct 16 2000

idl Industries Ltd. and ors. Vs. State of Orissa and ors.

Court : Orissa

Decided on : Oct-16-2000

Subject : Sales Tax

Acts : Orissa Sales Tax Act, 1947 - Sections 12(8), 13(6), 14, 14C and 14D

Reported in : [2004]134STC62(Orissa)

from the date of payment even though the statute is silent. It is contended that under the Central Excise Act, there is no provision for payment of interest either to the assessee or to the department. But, for … J., in Cape Brandy Syndicate v. Inland Revenue Commissioners [1921] 1 KB 64 (at p. 71) which were as follows :'..............in a taxing Act one … of Commercial Taxes in exercise of powers under Section 14-D of the Orissa Sales Tax Act, 1947 (for short 'the Act') till disposal of the … Act has to be exercised in a judicious manner. It is pertinent to note that under the Income-tax Act, Section 244(2) provides that where a refund is withheld under Section 241, interest shall be payable on the amount

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Oct 22 1998

Laxmidhar Behera Vs. State of Orissa

Court : Orissa

Decided on : Oct-22-1998

Subject : Excise

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

Reported in : 1999(I)OLR79

by the trial Court Under Section 47 (a) of the Bihar and Orissa Excise Act, and sentenced to undergo rigorous imprisonment for six months and … J.1. The petitioner was convicted by the trial Court Under Section 47 (a) of the Bihar and Orissa Excise Act, and sentenced to undergo rigorous imprisonment for six months and to pay a fine of Rs. 500/-, in … nature for commission of a forest offence. Thus, by virtue of the provision in Section 56 read with Section 64 (2) of the Act, 1972, the action taken for confiscation of the vehicle cannot be extended to grant

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