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Jun 10 2009

Rajeshwar S/O Hiraman Mohurle (In Jail) Vs. the State of Maharashtra

Court : Mumbai

Decided on : Jun-10-2009

Subject : Criminal

Acts : Maharashtra Village Police Act, 1967 - Sections 2, 5, 6, 9, 13 to 15, 19, 21, 21(1), 21(2), 36A(1) and 53; ; Evidence Act, 1872 - Sections 24, 25 and 26; Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 53; Central Excise and Salt Act, 1944; Bihar and Orissa Excise Act, 1915 - Sections 77(2) and 78(3); Sea Customs Act, 1878 - Sections 167(81) and 171A; Police Act, 1861; Central Excise Act - Sections 21; Bihar and Orissa Excise Act, 1955 - Sections 77 and 78(3); Indian Penal Code (IPC) - Sections 302; Code of Criminal Procedure (CrPC) - Sections 4(2), 156, 162, 164, 173, 190 and 202; Code of Criminal Procedure (CrPC) , 1898 - Sections 5(2) and 156; Constitution of India - Article 141

Reported in : 2009CriLJ3816; 2009(4)MhLj483:2009(5)AIRKarR407

Sub-section (1) of Section 21. Section 21 is in terms different from Section 78(3) of the Bihar and Orissa Excise Act, 1915 which came to be considered in Raja Ram Jaiswal's case, : 1964CriLJ705 , and which … (1) of Section 21. Section 21 is in terms different from Section 78(3) of the Bihar and Orissa Excise Act, 1915 which came to be considered in Raja Ram Jaiswal's case, : 1964CriLJ705 , and which provided in

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Nov 27 2009

C.V. Karunakaran Vs. the Chairman, Central Board of Excise and Customs ...

Court : Chennai

Decided on : Nov-27-2009

Subject : Customs

Acts : Customs Act, 1962 - Sections 146(1), 146(2), 158 and 159A; ;Prevention of Corruption Act, 1988; ;Foreign Exchange Regulation Act, 1973; ;Imports and Exports (Control) Act, 1947; ;Arms Act, 1959; ;Opium Act, 1978; ;Drugs and Cosmetics Act, 1940; ;Destructive Insects and Pests Act, 1914; ;Dangerous Drugs Act, 1930; ;Trade and Merchandise Marks Act, 1958; ;Patents Act, 1970; ;Copy Rights Act, 1957; ;Foreign Trade (Development and Regulation) Act, 1992; Central Excise Act, 1944; ;Foreign Exchange Management Act, 2000; ;Indian Explosives Act, 1884; ;Narcotics Drugs and Psychotropic Substances Act; Mines and Minerals (Regulation and Development) Act, 1957; Orissa Mining Areas Development Fund Act, 1952; Motor Vehicles Act, 1939; Motor Vehicles Act, 1988 - Sections 81, 8

Reported in : 2009(171)LC254(Madras); 2010(249)ELT324(Mad)

provisions of allied Acts including the Foreign Trade (Development and Regulation) Act, 1992 (22 of 1992), the Central Excise Act, 1944 (1 of 1944), Foreign Exchange Management Act, 2000 (42 of 1999), the Indian Explosives Act, 1884 (4 … to expressly retain in Chapter VI itself their right of renewal as the same was already provided in Section 81 of the Act corresponding to Section 68F(1-D) of Chapter IV-A of the Repealed Act. The reason appears to … in the decision reported in : AIR 1964 SC 1284 (State of Orissa v. M.A. Tulloch & Co.) considered the issue as to whether on

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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 … legislature, which could only make laws related to alcoholic beverages.” (emphasis supplied) 81. The observations of this Court in Southern Pharmaceuticals (supra) follow the precedent … 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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May 01 1986

i.T.C. Ltd. and Another Vs. Union of India and Anothers

Court : Delhi

Decided on : May-01-1986

Subject : Excise

Acts : Central Excise Act, 1944 - Sections 35A, 35E, 35F and 36; Central Excise Rules - Rule 9B; Constitution of India - Article 226; Finance Act, 1982

Reported in : 1987(30)ELT321(Del)

Excise (Goods of Special Importance) Act, 1957 (58 to 1957) (hereinafter referred to as the additional duties of Excise Act), the Central Government hereby exempts cigarettes of the description specified in column (1) of the Table hereto annexed … alteration of law enunciated in Maxwell (Interpretation of Statutes, 10th Edition, page 81) thus : 'One of these presumptions is that the legislature does not … Again, the Andhra Pradesh High Court, the Madras High Court and the Orissa High Court also expressed similar views in Andhra Pradesh Paper Mills Ltd. … relevant provisions of the Central Excises and Salt Act, (Act 1 of) 1944 (hereinafter referred to as 'the Act'). Section 3 of the Act which is charging section, in so far as is relevant for our present purposes,

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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 29 1966

Collector of Customs, Madras Vs. Kotumal Bhirumal Pihlajani and ors.

Court : Chennai

Decided on : Jul-29-1966

Subject : Criminal

Acts : Indian Penal Code (IPC), 1860 - Sections 120-B; Customs Act, 1962 - Sections 107, 108 and 135; Foreign Exchange Regulation Act - Sections 23(1)(A) and 23(B); Defence of India Rules - Rule 131-B; Evidence Act - Sections 25; Code of Criminal Procedure (CrPC) - Sections 5(2), 161 and 162; Constitution of India - Article 20(3); Sea Customs Act - Sections 171-A

Reported in : AIR1967Mad263; 1967CriLJ1007

from a confession to a police officer. They also pointed out the distinction between the Bihar and Orissa Excise Act and the sea Customs Act in two respects, one what that the former does not exercise any judicial … v. State of Bihar, . That case arose under the Bihar and Orissa ExciseAct, 1915, which had a provision under Section 78(3) to the effect … offence, can be considered to be police officers, within the meaning of Section 25 of the Indian Evidence Act. Section 107 of the Act 52 of 1962 reads thus: (Section quoted)Section 108 reads thus: (Section quoted).(18) We purpose

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Aug 21 1998

Raman Thapa Vs. State of Orissa

Court : Orissa

Decided on : Aug-21-1998

Subject : Criminal

Acts : Bihar and Orissa Excise Act, 1915 - Sections 47; Probation of Offenders' Act

Reported in : 86(1998)CLT685; 1999CriLJ1738

in 2(a) CC No. 28/92 (Tr. No. 81/92) for the offence Under Section 47(f) of the Bihar and Orissa Excise Act (in short, 'the Act') and the concurring findings of the learned Addl. Sessions Judge, Titilagarh in … 2(a) CC No. 28/92 (Tr. No. 81/92) for the offence Under Section 47(f) of the Bihar and Orissa Excise Act (in short, 'the Act') and the concurring findings of the learned Addl. Sessions Judge, Titilagarh in Crl. Appeal

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Feb 28 2005

M.N. Dastur and Co. Ltd. and anr. Vs. Union of India (Uoi) and ors.

Court : Kolkata

Decided on : Feb-28-2005

Subject : Service Tax

Acts : Finance Act, 1994 - Sections 65, 65(13), 65(48), 66, 68, 68(2) and 81; ;Central Excise Act; ;General Clauses Act, 1897 - Section 2(42); ;Central Excise and Salt Act, 1944; ;Indian Partnership Act, 1932 - Section 4; ;Companies Act, 1956 - Section 3(1); ;Companies (Profits) Surtax Act, 1964; ;Income Tax Act; ;Bihar Land Reforms Act - Section 2(O); ;Service Tax Law - Section 65; ;Service-tax Rules, 1994 - Rule 6 and 6(1)

Reported in : [2005]128CompCas618(Cal),(2005)197CTR(Cal)633,2006[4]STR3

of the word 'firm' alike the term 'person' either in the service tax laws or in the Central Excise Act, the term 'person' can be construed to mean a person as defined in Section 2(42) of the General … legal concepts, one cannot mean the other unless so specified under the relevant Act. This is apparent from Section 81 of the Finance Act, 1994, wherein the Explanation was appended to include a firm within the expression 'company'. … to the spirit of the statute or substance of law. Referring to Orissa State Warehousing Corporation v. CIT : [1999]237ITR589(SC) quoting from Cape Brandy Syndicate

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Oct 31 1968

illias Vs. Collector of Customs, Madras

Court : Supreme Court of India

Decided on : Oct-31-1968

Subject : Media and CommunicationCriminal

Acts : Evidence Act, 1872 - Sections 25; Customs Act, 1962; Sea Customs Act, 1878 - Sections 104(3); Code of Criminal Procedure (CrPC) - Sections 160, 161, 173 and 190

Reported in : AIR1970SC1065; 1970CriLJ998; 1985(5)LC2252(SC); 1983(13)ELT1427(SC); [1969]2SCR613

0065/1963 : 1964CriLJ705 which related to the question whether an Excise Inspector exercising powers under the Bihar & Orissa Excise Act was a police officer for the purposes of Section 25 of the Evidence Act goes a … : 1964CriLJ705 which related to the question whether an Excise Inspector exercising powers under the Bihar & Orissa Excise Act was a police officer for the purposes of Section 25 of the Evidence Act goes a great deal

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Mar 11 2015

Union of India and Ors. Vs. Major General Shri Kant Sharma and Anr.

Court : Supreme Court of India

Decided on : Mar-11-2015

Subject : Land Acquisition

others vs.Union of India and others, (1997) 5 SCC536 a nine-Judge Bench of this Court while considering the Excise Act and Customs Act held that the jurisdiction of the High Court under Article 226 and this Court under … person as follows:13. In Titaghur Paper Mills Co. Ltd. v. State of Orissa this Court observed: (SCC pp. 440-41, para 11)"1. ... It is now … established by the Central Government to exercise the jurisdiction, powers and authority conferred on it by the said Act. Section 14 specifies the jurisdiction, powers and authority of the Tribunal in relation to service matters as follows: "Section

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