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M.R. Patel Vs. State of Bihar and ors.

Court : Supreme Court of India

Subject : Commercial

Acts : Bihar and Orissa Excise Act, 1915 - Sections 2(7), 8, 8(3), 34, 35, 38, 40, 45 and 91; Constitution of India - Article 136

Reported in : AIR1966SC343; 1965(0)BLJR443; [1965]2SCR693

an order dated October 4, 1959, the Board of Revenue, in exercise of its powers of revision under section 8 of the Act, set aside the order of the Commissioner of Excise dated March 5, 1958, with the … of Jamshedpur working under the sliding scale system under the Bihar and Orissa Excise Act, 1915 (Bihar and Orissa Act 2 of 1915) hereinafter referred … six shops in the town of Jamshedpur working under the sliding scale system under the Bihar and Orissa Excise Act, 1915 (Bihar and Orissa Act 2 of 1915) hereinafter referred to as the Act. A total sum of

Magati Sahoo Vs. State of Orissa and ors.

Court : Orissa

Subject : Excise

Acts : Orissa Excise Rules, 1965 - Rules 59, 60 and 61; Constitution of India, 1950 - Articles 226 and 227; Bihar and Orissa Excise Act, 1915 - Sections 8 and 89

Reported in : 97(2004)CLT444

Mohanty, learned counsel for the petitioner submitted that under the Bihar and Orissa Excise Act, 1915 (hereinafter referred to as 'the Act') and the Rules … the said notice, Mr. Ashok Mohanty, learned counsel for the petitioner submitted that under the Bihar and Orissa Excise Act, 1915 (hereinafter referred to as 'the Act') and the Rules made thereunder no appeals are normally filed against … 32 of these Rules for the sale of foreign liquor.' 4. A plain reading of Sub-section (2) of Section 8 quoted above would show that orders passed under the Act or under any Rule made under the Act … such authorities and under such procedure as may be prescribed by Rule made under Section 89 of the Act. Section 89(1) of the Act provides that the State Government may make Rules to carry out the objects of

Balukishan A. Devidaval Vs. the State of Maharashtra

Court : Mumbai

Subject : Criminal

Reported in : 1975CriLJ1891

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 … 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 … Mr. B. A. Desai, the learned Counsel for the petitioner, submitted that having regard to the provisions of Section 8 of the R. P. U. P. Act which empowers the Officers of the Railway Protection Force to exercise

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

Court : Orissa

Subject : Criminal

Reported in : 2008CriLJ2909; 2008(I)OLR666

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 … 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 … which the legislature has imposed stringent restrictions even in regard to the grant of regular bail is under Section 8(2) of the Act, which is punishable with imprisonment for a term which may extend to ten years and

Bhimsen Sahu and anr. Vs. State of Orissa and ors.

Court : Orissa

Subject : ExciseConstitution

Acts : Bihar and Orissa Excise Act, 1915 - Sections 2(8), 8, 8(2), 29(2), 89 and 89(2); Orissa Excise Rules, 1965 - Rules 32, 59 and 60

Reported in : 101(2006)CLT524

District level shall be final which shall be binding on all the applicants to the lottery.Sub-section (2) of Section 8 of the Bihar & Orissa Excise Act, 1915 envisages that orders passed under this Act under any rule … the privilege in respect of out-still shops of Gopalpur.2. The Government of Orissa in Excise Department as per its policy for the year 2005-06 decided … along with other districts for the remaining period with effect from 1.8.2005 (Annexure-1) under the Bihar and Orissa Excise Act, 1915 (hereinafter referred to as 'the Act'). Accordingly, the erstwhile Revenue & Excise Deptt. Notification No. 634-Ex-66/89 EX

Shiv Kumar Bhagat Vs. State of Bihar and ors.

Court : Supreme Court of India

Subject : Commercial

Acts : Bihar and Orissa Excise Rules - Rules 33, 44, 45 and 46; Bihar Excise Act, 1915 - Sections 5(1), 5(2), 5(5), 8, 33, 34, 34(2), 35, 41 and 89; Code of Civil Procedure (CPC) - Sections 80

Reported in : 2003(3)BLJR2091; [2003(4)JCR113(SC)]; JT2003(Suppl1)SC41; 2003(7)SCALE415; (2003)7SCC736

was not made in accordance with Rule 45 of the Bihar and Orissa Excise Rules (hereinafter referred to as the 'Rules') framed under Section 89 … Bihar and Orissa Excise Rules (hereinafter referred to as the 'Rules') framed under Section 89 of the Bihar Excise Act, 1915 (hereinafter referred to as 'the Act'). It held that since the recommendation made by the Collector was … may modify or annul any order passed or licence granted by the Collector and, notwithstanding anything contained in Section, 8, his order shall be final.'Section 41 of the Act reads as under:-'41. Technical defects, irregularities and omissions. -

Ganga Jali Devi Vs. the State of Bihar

Court : Patna

Subject : Criminal

Acts : Narcotic Drugs Psychotropic Substances Act - Sections 8, 20 and 54; Bihar and Orissa Excise Act - Sections 47; Code of Criminal Procedure (CrPC) - Sections 313

Ghuria Telin (Supra), the husband and wife were convicted under Section 47(a) and 47(f) of the Bihar & Orissa Excise Act for recovery of Excisable articles from the house. A Bench of this Court held that while … Telin (Supra), the husband and wife were convicted under Section 47(a) and 47(f) of the Bihar & Orissa Excise Act for recovery of Excisable articles from the house. A Bench of this Court held that while being a … Section 20(b)(ii)(c) of the N.D.P.S. Act for contravening the provisions of Section 8(c) of the Act by being in unlawful possession of 160.5 Kgs. of

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

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 … 'the Act') for being in unlawful possession of 8 K.gs. of ganja without any authority in contravention of Section 8 of the Act. He has been sentenced to undergo rigorous imprisonment for three years and also to pay … (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

The State Vs. Satyanarayan Mallik

Court : Orissa

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1898 - Sections 103, 163 and 165; Bihar and Orissa Excise Act, 1915 - Sections 47 and 55

Reported in : AIR1965Ori136; 1965CriLJ112

Mallik stood charged under Section 47 (a) read with Sections 55 and 47 (b) of the Bihar and Orissa Excise Act. The Excise Sub-Inspector P. W. 3 made a search of his house on 27-7-1963, and recovered … stood charged under Section 47 (a) read with Sections 55 and 47 (b) of the Bihar and Orissa Excise Act. The Excise Sub-Inspector P. W. 3 made a search of his house on 27-7-1963, and recovered 22 hemp … for consideration in Cochan Velayudhan v. State of Kerala, AIR 1961 Kerala 8 (FB) and their Lordships held that although the failure to comply with

Lambodhar Nath Vs. State of Orissa

Court : Orissa

Subject : Criminal

Acts : Bihar and Orissa Excise Act, 1915 - Sections 2(12), 2(14), 8, 12, 18, 18(2), 19 and 47

Reported in : 75(1993)CLT745; 1993CriLJ2505

default to undergo S.I. for one week more for the offence under Section 47(a) of the Bihar and Orissa Excise Act (hereinafter to as the 'Act').2. Prosecution case is, on 29-9-1985 at about 2 p.m., P.W. 1, … to undergo S.I. for one week more for the offence under Section 47(a) of the Bihar and Orissa Excise Act (hereinafter to as the 'Act').2. Prosecution case is, on 29-9-1985 at about 2 p.m., P.W. 1, the Sub-Inspector … the decision carefully. The attention of the court was drawn to Sections 8, 12 and 19 of the Act but not to Section 18 of