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Apr 04 1963

Raja Ram Jaiswal Vs. State of Bihar

Court : Supreme Court of India

Decided on : Apr-04-1963

Subject : Criminal

Acts : Bihar and Orissa Excise Act, 1915 - Sections 2(8), 7, 47, 68, 69, 70, 71, 72, 73, 77, 78, 78(3), 80, 82, 95 and 96; Code of Criminal Procedure (CrPC), 1898 - Sections 156 and 162; Indian Evidence Act, 1872 - Sections 25

Reported in : AIR1964SC828; 1964CriLJ705; [1964]2SCR752

of the Government of Bihar and Orissa, and we understand that this Notification is still in force. 38. Section 70 authorizes any officer of the Excise, Police, Salt, Customs or Land Revenue Department or any person empowered by … in the present appeal. For, under s. 78(3) of the Bihar and Orissa Excise Act, 1915 (2 of 1915) an Excise Officer empowered under s. … the judgment of the Patna High Court affirming the conviction of the appellant under s. 47(a) of the Excise Act and the sentences of rigorous imprisonment for one year and of fine amounting to Rs. 2,000 awarded by … sub-s. (2) of s. 161 Cr.P.C., and by the Customs Officer under s. 171-A of the Sea Customs Act. Section 162 of the Code does not confer any power on a police officer. It only provides that any

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Jul 08 1994

Dr. Emerico D'Souza Vs. State through the Deputy Conservator of Forest ...

Court : Mumbai

Decided on : Jul-08-1994

Subject : Criminal

Acts : Indian Forest Act, 1927 - Sections 57, 59(A) and 72(2); Evidence Act, 1872 - Sections 25 and 30

Reported in : 1995(1)BomCR266

pleased to compare the provisions of this section with the provisions of section 70(3) of the Bihar and Orissa Excise Act. Under the Bihar and Orissa Excise Act, it was clearly provided that the Central Excise Officer … to compare the provisions of this section with the provisions of section 70(3) of the Bihar and Orissa Excise Act. Under the Bihar and Orissa Excise Act, it was clearly provided that the Central Excise Officer shall be

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Sep 21 1965

Kalyani Stores Vs. the State of Orissa and ors.

Court : Supreme Court of India

Decided on : Sep-21-1965

Subject : Excise

Acts : Bihar and Orissa Excise Act, 1915 - Sections 13, 27, 28, 90 and 293; Indian Councils Act, 1892 - Sections 5; Bangalore Municipal Corporation, 1949 - Sections 97 and 98; Devolution Rules; Indian Tariff Act, 1894; Sea Customs Act, 1878; Government of India (Amendment) Act, 1951; Government of India Act, 1935; Excise and Abkari Act; Constitution of India (4th Amendment) Act, 1955; Constitution of India - Articles 226, 276, 301, 302, 303, 304, 304(1), 305, 366(10), 372 and 395

Reported in : AIR1966SC1686; [1966]1SCR865

held a licence as retail vendors for ' all types of foreign liquor' under the Bihar and Orissa Excise Act, 1915. The expression foreign liquor apparently includes Ale, Beer, Port, Cider and other fermented Liquors, cordials, mixtures and … 1, 1961 in respect! of 'foreign liquors' from Rs. 40/- to Rs. 70/- per L.P. Gallon, and also raised duty in respect of other excisable … J. 1. The appellants-Kalyani Stores - deal in liquor at Rourkela, District of Sundergarh in the State of Orissa. The appellants held a licence as retail vendors for ' all types of foreign liquor' under the Bihar … manufacture, possession and sale of certain kinds of liquor and intoxicating drugs. Section 27 of the Act as amended by the Adaptation Order, 1950, Provides:

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Feb 14 2008

Sri Kailash Nahak @ Naik and ors. Vs. State of Orissa

Court : Orissa

Decided on : Feb-14-2008

Subject : Criminal

Reported in : 2008CriLJ2909; 2008(I)OLR666

filed under Sections 439, Cr.P.C. In all these cases offence under Section 47 (a) of the Bihar and Orissa Excise Act, 1915 (hereinafter referred to as 'the State Act') has been alleged.2. Mr. S. Pradhan, learned Counsel … under Sections 439, Cr.P.C. In all these cases offence under Section 47 (a) of the Bihar and Orissa Excise Act, 1915 (hereinafter referred to as 'the State Act') has been alleged.2. Mr. S. Pradhan, learned Counsel appearing for … brought disaster to many families inasmuch as the prosecution case is that 70 persons died after having consumed liquor from the shops and sub-shops which

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Nov 11 2016

Jindal Stainless Ltd. and Anr. Vs. State of Haryana and Ors.

Court : Supreme Court of India

Decided on : Nov-11-2016

Subject : Right to Information

it is one of the goods on which additional excise duty is leviable under the Additional Duties of Excise Act, 1957. This Court held that though sugar was a commodity on which no sales tax is leviable because … on adult franchise the handmaid of the Central executive.” (Id. at p.550) 70 Justice Hidayatullah was also concerned about the consequence on state autonomy of … context the decisions in S K Madar Saheb v. State of AP[101].; Bolani Ores Ltd v. State of Orissa[102].; G. K. Krishnan v. State of TN[103].; International Tourist Corpn. v. State of Haryana[104].; Malwa Bus Service (P) … boundaries. In discarding the expression “among the states” (which is used in Section 92 of the Australian Constitution) and “among several states” (which is used

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Jul 11 2000

Gunda Venkata Ramana Vs. District Level Committee, Srikakulam and Othe ...

Court : Andhra Pradesh

Decided on : Jul-11-2000

Subject : ConstitutionContract

Acts : Andhra Pradesh Raj (Auction of Sand in Water Courses Vesting in Gram Panchayats) Rules, 2000 - Rules 7, 14, 27 and 31; Constitution of India - Articles 14, 19 and 299; The Mines and Minerals (Regulation and Development) Act, 1957 - Sections 4 and 15; Mineral Concession Rules; Andhra Pradesh Minor Mineral Concession Rules - Rules 5 and 9; Andhra Pradesh Panchayat Raj Act, 1994 - Sections 95 and 268; Sand Rules - Rules 6, 9, 18, 19, 20 and 32; Bihar and Orissa Excise Act, 1915 - Sections 22 and 29

Reported in : 2000(4)ALD585; 2000(4)ALT623

decided by the District Committee and it is not within the scope of judicial review.21. In State of Orissa v. Harinarayan, : [1972]3SCR784 , the Supreme Court considered a similar question. In that case the Excise Commissioner … the matter to Supreme Court.22. Relying on the provisions of Sections 22 and 29 of Bihar and Orissa Excise Act, 1915, the Supreme Court upheld the Government Order dated 6-1-1971 directing the re-auction of right of exclusive privilege … the District Committee shall fix the upset price, which shall be nearly 70% of the market value of the material that can be obtained during … (the Act, for brevity) regulates mines and the development of minerals. Under Section 4 of the Act no person shall undertake mining operations in any

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Feb 18 2009

PrawIn Kumar Vs. State of Orissa and ors.

Court : Orissa

Decided on : Feb-18-2009

Subject : Excise

Reported in : 107(2009)CLT385

transparency and making safe the huge Govt, revenue involved.As per provisions under Section-23 of the Bihar and Orissa Excise Act 1915(1) a grantee of an exclusive privilege under Section 22 shall not let or assign the same or … Sri Prawin Kumar entered into a partnership deed with one Sri Rajesh Kumar Sahu of Titilagarh, Dist: Bolangir, Orissa on 1.5.05 declaring therein that he has already applied for addition of the name of Sri Rajesh Kumar … Sri Satyajit Singh who is solvent enough to the tune of Rs. 70.00 lakhs, has prayed for inclusion of his name in the licence and

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Mar 14 2007

Jindal Strips Limited and anr. Vs. State of Haryana and ors.

Court : Punjab and Haryana

Decided on : Mar-14-2007

Subject : Sales Tax/Vat

Reported in : (2008)12VST149(P& H)

Rs. 40 per L.P. Gallon and from April 1, 1961 at Rs. 70 under Section 27 of the Bihar and Orissa Excise Act, 1915. The … of the Supreme Court struck down the notification issued by the State Government under the Bihar and Orissa Excise Act, 1915, for levy of countervailing duty on foreign liquor imported into the State by declaring it to be … would be outside Article 301 and cannot, therefore, fall under Article 304(b).51. In Kalyani Stores v. State of Orissa : [1966]1SCR865 , a Constitution Bench of the Supreme Court struck down the notification issued by the State … supply and sanitation were meant to facilitate freeflow of trade and since Section 22 of the Act provided for distribution of tax collected among local

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Dec 18 1975

Thakur Prasad Sao and ors. Vs. the Member, Board of Revenue and ors.

Court : Supreme Court of India

Decided on : Dec-18-1975

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

the 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, … 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

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Jul 22 2014

Sri Sudhakar Hegde Vs. State of Karnataka

Court : Karnataka

Decided on : Jul-22-2014

Subject : Land Acquisition

again a similar case. Under Section 3(3) of the Additional Duties of Excise (Goods of Special Importance) Act, 1957 it was said that the provisions … the "Board may acquire land under the Land Acquisition Act, 1894 for carrying out the purposes of the Act". Section 70 related to the constitution of a Tribunal - as detailed in Section 72 - for the purpose of … “18. The words “mutatis mutandis” have been explained by this Court in Ashok Service Centre Vs. State of Orissa- (1983) 2 SCC82 It was stated by Venkataramiah, J, (as he then was): (SCC p.93, para17) “Earl Jowitt’s

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