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Pilli Dilli Dora Vs. State of Orissa

Court : Orissa

Subject : Narcotics

Acts : Narcotic Drugs and Psychotropic Substances Act, 1986 - Sections 2, 8, 20 and 41 to 68; Code of Criminal Procedure (CrPC) , 1973 - Sections 4, 100, 165 and 293; Bihar and Orissa Excise Act, 1915 - Sections 74; Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 8

Reported in : 1995(1)ALT(Cri)14; 78(1994)CLT734; 1995CriLJ1758

Singh's case (1994 Cri LJ 3702) (supra). A Bench of this Court in Nilamber Sahu v. State of Orissa, (1990) 69 Cut LT 718 (DB) held that non-compliance of Section 74 of the Bihar and Orissa Excise … Orissa, (1990) 69 Cut LT 718 (DB) held that non-compliance of Section 74 of the Bihar and Orissa Excise Act, 1915 which requires the Excise Officer to record the grounds of his belief before search is undertaken, ipso

Krushna Chandra Behera Vs. State

Court : Orissa

Subject : Excise

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

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

two 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 … 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

Bisurnarayan Behura Vs. State of Orissa

Court : Orissa

Subject : Criminal

Acts : Bihar and Orissa Excise Act, 1915 - Sections 47; Code of Criminal Procedure (CrPC) , 1974 - Sections 401

Reported in : 2004CriLJ199; 2003(I)OLR566

2(a) CC No. 536 of 1993. The petitioner has been convicted under Section 47(f) of the Bihar and Orissa Excise Act and sentenced to undergo simple imprisonment for six months and to pay a fine of Rs. … CC No. 536 of 1993. The petitioner has been convicted under Section 47(f) of the Bihar and Orissa Excise Act and sentenced to undergo simple imprisonment for six months and to pay a fine of Rs. 500.00, in … is not illicit liquor and in this case the provisions of Section 74(f) of the Bihar and Orissa Excise Act are not applicable. A perusal

State of Orissa Vs. Hari Behera and anr.

Court : Orissa

Subject : Narcotics

Acts : Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 82(1); Orissa Narcotic Drugs and Psychotropic Substances Rules, 1989 - Sections 74 and 82(2) - Rule 107(2); General Clauses Act - Sections 24; Opium Act - Sections 9 and 47; Bihar and Orissa Excise Act

Reported in : 1999(II)OLR236

the Opium Act along with Section 47 (a) of the Bihar and Orissa Excise Act. It is admitted that the offences alleged to have been … Under Section 9 (a) of the Opium Act along with Section 47 (a) of the Bihar and Orissa Excise Act. It is admitted that the offences alleged to have been committed in both the cases took place after … the provisions of the Rules, be deemed to have been taken under the corresponding provisions of these rules. Section 74 of the N.D.P.S. Act. which is a transitional provision, lays down that every officer or other employee of

M/S. Jai Jagannath Marble. Vs. the Commissioner of Commercial Taxes Cu ...

Court : Orissa

Subject : Sales Tax/VAT

Acts : Orissa Value Added Act - Sections 74(5), 101, 74(3) (4) (5); Central Excise Act - Section 11A (2).

Processors, (2008) 231 ELT 3 (SC) wherein the Hon'ble Supreme Court while considering Section 11AC of the Central Excise Act, 1944 (Levy of penalty) determined that the application of the aforesaid section would depend upon the existence or … 6.2.2009, passed by the learned Additional Commissioner of Commercial Taxes, Northern Zone, Orissa, Sambalpur (Opposite Party No.2), confirming the order passed by the Sales Tax … petitioner was found to have made "under valued" the transaction of marbles purchased by it, no proceeding under Section 74(5) of the OVAT Act could have been initiated against him and that, the appropriate provision in the present

Kashinath Behera Vs. the State of Orissa

Court : Orissa

Subject : Excise

Acts : Bihar and Orissa Excise Act, 1915 - Sections 47 and 74

Reported in : 1985(II)OLR508

the conviction of the petitioner under Section 47(a) of the Bihar and Orissa Excise Act (for short 'the Act), but reducing the sentence.2. The prosecution … learned Sessions Judge, Balasore upholding the conviction of the petitioner under Section 47(a) of the Bihar and Orissa Excise Act (for short 'the Act), but reducing the sentence.2. The prosecution case in short is that on 23. 4. … of the petitioner, his conviction is not sustainable according to law.8. Mr. G. N. Mohapatra further contended that Section 74 of the Act having not been complied with, the search and seizure was illegal and so the conviction

Filli Dilli Dora Vs. State of Orissa

Court : Orissa

Subject : Criminal

Acts : Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 2, 42 and 50

Reported in : 1994(II)OLR240

the judgment in Balbir Singh's case supra). A Bench of this Court in Nilambar Sahu v. State of Orissa, 69 (1990) LLT 718 held that non-compliance of Section 74 of the Bihar and Orissa Excise Act, 1915 … State of Orissa, 69 (1990) LLT 718 held that non-compliance of Section 74 of the Bihar and Orissa Excise Act, 1915 which requires the Excise Officer to record the grounds of his belief before search is undertaken, ipso

Pagla Baba and anr. Vs. the State

Court : Orissa

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1898 - Sections 48, 54, 54(1), 96, 96(1), 102, 225, 342 and 537; ;Indian Penal Code (IPC), 1860 - Sections 52, 97, 99, 100, 142, 147, 336, 341 and 342; Arms Act, 1898 - Sections 25; Constitution of India - Article 31 and 31(1)

Reported in : AIR1957Ori130; 23(1957)CLT88; 1957CriLJ769

Sub-Inspector proceeded to search the house of the accused without recording reasons to do so as required by Section 74, Bihar and Orissa Excise Act and the accused assaulted him, It was held:'The Sub-Inspector could not be said … held:'The recording of reason before search is provided for both under the Criminal Procedure Code and under the Excise Act and is intended to protect the liberty of citizens and avoid useless and unjustified searches. If an officer … 1701, Central Act No. VII of 1912 passed at the time when Orissa became a part of Bihar and Orissa and Regulation I of 1936

Nabaghana Sahoo Vs. State of Orissa and anr.

Court : Orissa

Subject : Narcotics

Acts : Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 36A(1); Code of Criminal Procedure (CrPC) - Sections 190(1)

Reported in : 1993(II)OLR178

The Court was considering in that case whether a conviction Under Section 47(a) of the Bihar and Orissa Excise Act becomes liable to be set aside on the ground of violation of the provisions of Section 74 of … upon a number of citations including 34(1992) OJD 13 (Cri. ) (Sk. Saukat and Ors. v. State of Orissa) which directly supports the proposition advanced. I shall come back to the citations after making an analysis of

State Of U.p. . Vs. M/s. Lalta Prasad Vaish And Sons

Court : Supreme Court of India

Subject : Land Acquisition

securing equitable distribution and availability at fair prices. ii. The judgment in Synthetics (7J) 6. The United Provinces Excise Act 191013 was enacted to “consolidate and amend the law in force in the United Provinces relating to the … legislative entry. The phrase used in the legislative entry is ‘intoxicating liquor’. 164 The Licensing (Consolidating Act) 1872; Section 74 165 Spirits Act 1880; Section 3 Page 84 of 123 PART E The definition of one part of … made by this Court in Hingir-Rampur Coal Co. Ltd. v. State of Orissa [AIR1961SC459: (1961) 2 SCR537 , State of Orissa v. M.A. Tulloch and