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Apr 02 2003

Bisurnarayan Behura Vs. State of Orissa

Court : Orissa

Decided on : Apr-02-2003

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 … found to be 52.5 U.P., temperature as 88 F and indication as 80.6. The aforesaid tests clearly established that what the petitioner was manufacturing was

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Sep 12 2003

Shiv Kumar Bhagat Vs. State of Bihar and ors.

Court : Supreme Court of India

Decided on : Sep-12-2003

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 … Suit on 29.3.2002 but the same was not entertained by the Court of Munsif. Begusarai for non-compliance with Section 80 of the Code of Civil Procedure.8. Respondent No. 5 then filed a writ petition before the High Court

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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

Government has prescribed that any Excise Officer not below the rank of Sub-Inspector can exercise this power. 44. Section 80 provides that articles seized and persons arrested under the warrant of the Collector shall be produced before the … 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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Feb 16 2000

M.B. Chemicals Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Pune

Decided on : Feb-16-2000

Subject : Sales Tax

Reported in : (2000)76ITD1(Pune.)

any comments. Further, there is no rule that the process of obtaining an item which is exciseable under Excise Act will certainly amount to manufacturing, just as there is no rule that the process of obtaining an item … sugar is another form of sugar. Even otherwise the Hon'ble Supreme Court in the case of State of Orissa v. Titaghur Paper Mills Co. Ltd. [1985] 60 STC 213 quoted by Calcutta High Court in S.B. Cold … any manufacturing process and thereby disallowing the claim of the assessee under section 80-I of the Income-tax Act, 1961. Before the authorities below the assessee

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Feb 16 2000

M.B. Chemicals Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Pune

Decided on : Feb-16-2000

Subject : Sales Tax

Reported in : (2001)76ITD1(Pune.)

any comments. Further, there is no rule that the process of obtaining an item which is excisable under Excise Act will certainly amount to manufacturing, just as there is no rule that the process of obtaining an item … candy sugar is another form of sugar.Even, otherwise, the Hon'ble Supreme Court in the case of State of Orissa v. Titaghur Paper Mills Co. Ltd. (1985) 60 STC 213 (SC), quoted by Calcutta High Court in S.B. … any manufacturing process and thereby, disallowing the claim of the assessee under section 80-I of the Income Tax Act, 1961. Before the authorities below the

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May 23 2003

Union of India (Uoi) Through the Secretary, Ministry of Finance and Cc ...

Court : Allahabad

Decided on : May-23-2003

Subject : CivilExcise

Acts : Central Excise Act - Sections 35H; Constitution of India - Article 226

Reported in : 2003(88)ECC466; 2004(177)ELT71(All)

No. 2 The Customs, Excise & Cold (Control) Appellant Tribunal, New Delhi under Section 35(c)(1) of the Central Excise Act 1945 (in short called 'Act') allowing the appeal directing both the divisions for a common central registration or … Article 226 for the purpose of interim relief, as the suit couldnot have been filed in view of section 80 C.P.C. and unavoidable delay mightresult in irreparable loss to the petitioner, was found to be not justiable by … of the Supreme Court of India in the case of State of Orissa v. Madan GopalRungta : [1952]1SCR28 has held that no writ petition is

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Oct 23 2024

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

Court : Supreme Court of India

Decided on : Oct-23-2024

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 … the country or of national importance have been placed in the field 80 (2010) 3 SCC57181 (2010) 3 SCC571[27].; Also see In re C.P & … seems to us that the observations 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 Co. [AIR1964SC1284: (1964) 4 SCR461 , … of the decision in Tika Ramji to the dispute ...... 115 viii. Section 18G of IDRA and Entry 33 of List III .................................... 119 F.

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Dec 22 1994

Sri Narayan Prasad Vs. the State of Orissa and ors.

Court : Orissa

Decided on : Dec-22-1994

Subject : Constitution

Acts : Constitution of India - Articles 226 and 227; Bihar and Orissa Excise Act, 1915 - Sections 2, 27, 29 and 89; Orissa Excise (Exclusive Privilege) Rules, 1970 - Rule 6A(3)

Reported in : 1995(II)OLR361

has bean framed in exercise of powers under Sub-Section (1) of Section 89 of the Bihar and Orissa Excise Act, 1915 which empowers the State Government to make rules to carry out the objects of the Act, or … J.1. This order shall also govern the disposal of OJC. No. 827/92 (Smt. Kamala Saha v. State of Orissa) OJC No. 1359/92 (Ganouri Prasad v. State of Orissa) and OJC No. 1361/92 (Lalan Prasad Gupta v. State

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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 … by the respondents, the highest bid did not even exceed more than 80% of the market value of the sand that can be obtained. Therefore, … (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 24 1981

Pilkhani Distillery and Chemical Works, Pilkhani (N. Rly.) Vs. Lt. Gov ...

Court : Delhi

Decided on : Feb-24-1981

Subject : Excise

Acts : Punjab Excise Act, 1914; Constitution of India - Article 226

Reported in : ILR1982Delhi868

Ltd. vs. State of Bihar', reported as : AIR1975Pat123 was concerned with a case under the Bihar and Orissa Excise Act, 1915. It was held that where the State Government, in exercise of the powers under Section … for importing liquor into Delhi without payment of special duty as required under Role 16 of the Punjab Excise Act, 1914, a reminder was sent in the letter dated April 30, 1979 to complete the specified formalities. Another

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