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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 … 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

Premlata Gupta Vs. State of Bihar and ors.

Court : Patna

Subject : ConstitutionCommercial

Acts : Bihar and Orissa Excise Act, 1915 - Sections 89; Bihar Excise Rules - Rules 44, 45 and 46; Constitution of India - Article 14

framed by the State Government in exercise of the powers conferred by Section 89 of the Bihar and Orissa Excise Act read as under:- '44. Licences for the wholesale or retail vend of excisable articles may be … by the State Government in exercise of the powers conferred by Section 89 of the Bihar and Orissa Excise Act read as under:- '44. Licences for the wholesale or retail vend of excisable articles may be granted for

Raj Dayal Saha Vs. State of Orissa and ors.

Court : Orissa

Subject : Excise

Acts : Bihar and Orissa Excise Act, 1915 - Sections 89 and 90; Bihar and Orissa Excise Rules - Rule 102(A)

Reported in : 95(2003)CLT128

never been published as contemplated by Section 92 of the Bihar and Orissa Excise Act and that it was beyond the rule making power of … the reason that it had never been published as contemplated by Section 92 of the Bihar and Orissa Excise Act and that it was beyond the rule making power of the Board of Revenue traceable to Section 90 … make rules also for regulating the transfer of licences. It is the submission of the learned counsel that Section 89 of the Act concerns power on the State Government to make rules to carry out the objects of

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

on the ground that the same 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 of the Bihar Excise Act, 1915 … 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

State of Orissa and Others Vs. NaraIn Prasad and Others, Etc. Etc.

Court : Supreme Court of India

Subject : Excise

Acts : Bihar and Orissa Excise Act, 1915 - Sections 13, 22, 27, 28, 89 and 90; Constitution of India - Articles 21, 47 and 226; Central Provinces and Berar Sales of Motor Spirit and Lubricants Taxation Act, 1938; Andhra Pradesh Excise Act, 1968 - Sections 17 and 23; Madhya Pradesh Act - Sections 25 and 62(1)

Reported in : 1996VIIAD(SC)65; AIR1997SC1493; 85(1998)CLT625(SC); JT1996(8)SC50; 1996(6)SCALE460; (1996)5SCC740; [1996]Supp5SCR465

Orissa.3. The grant of excise licences in the State of Orissa is governed by the Bihar and Orissa Excise Act, 1915 (the Act) and the rules made thereunder. Section 22 provides for grant of exclusive privilege of sale … final and binding upon the party making the offer once the offer is accepted by the appropriate authority.7. Section 89 empowers the State Government to make rules to carry out the objects of the Act. Sub-section (2) specifies … J.1. Leave granted.2. Having voluntarily entered into contracts with the Government of Orissa, undertaking to lift a particular quantity of liquor every month and also

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

Court : Orissa

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

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

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 … such authorities and under such procedure as may be prescribed by the rules made under Clause (c) of Section 89(2). Section 89 of the Act empowers the State Government to make rules and Section 89(2)(c) which is relevant

Awadh Prasad Singh and Others Vs. State of Bihar and Others

Court : Supreme Court of India

Subject : Service

Acts : Inspectors of Excise Recruitment Rules, 1936 - Rules 1 and 4; Indian Foreign Service Branch 'B' (Recruitment, Cadre, Seniority and Promotion) Rules, 1964 - Rules 21(4) and 25; Constitution of India - Articles 14 and 16; Jaipur Opium Act - Sections 1; Delhi Higher Judicial Service Rules, 1970 - Rule 7; Bihar and Orissa Excise Act, 1915 - Sections 2(7), 7(2) and 89; Mysore Administrative Service (Recruitment) Rules, 1957 - Rule 17; The Military Engineer Services Class I (Recruitment, Promotion and Seniority) Rules, 1949 - Rules 3 and 4; Jaipur Laws Act, 1923

Reported in : AIR1990SC1256; JT1990(3)SC483; 1990LabIC1027; (1990)IILLJ249SC; 1990(1)SCALE587; (1990)3SCC294; [1990]2SCR193

gradation list - Sections 2 (7), 7(2), and 89 of Bihar and Orissa Excise Act, 1915, Rules 1 and 4 of Inspectors of Excise Recruitment … quota. In order to decide this question, it is relevant to refer to certain provisions of the Bihar Excise Act, 1915 as well as Rules 1 & 4 of the Inspectors of Excise Recruitment Rules, 1936.6. Section 2(7) … of the powers conferred upon the State Government by or under this Act except the powers conferred by Section 89 to make Rules. Section 7(2)(f) provides that the State Government may with draw from any officer or person

Rajat Kumar Pattnayak Vs. State of Orissa

Court : Orissa

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 4, 5 and 457; Bihar and Orissa Excise Act, 1915 - Sections 47, 55, 67 and 68; Constitution of India - Articles 226 and 227

Reported in : 95(2003)CLT307; 2003(I)OLR187

of Excise : (d) may, subject to any restrictions imposed by any rules made under Clause (k) of Section 89, accept from any person whose (exclusive privilege), licence, permit or pass is liable to be cancelled or suspended … in the offences under Section 47 (a)/ 55 of the Bihar and Orissa Excise Act. In connection with the said offences, Aska P.S. Case No. … allegation that it was involved in the offences under Section 47 (a)/ 55 of the Bihar and Orissa Excise Act. In connection with the said offences, Aska P.S. Case No. 26 of 2002 was registered (G, R. Case

Kedar Nath Jhunjhunwala Vs. State of Bihar and ors.

Court : Patna

Subject : Property

Acts : Transfer of Property Act, 1882 - Sections 108

Reported in : AIR2000Pat123

the restrictions imposed by Rule 47 of the Bihar Excise Rules made under Section 89 of Bihar & Orissa Excise Act 191.5. This Rule was also amended by insertion of proviso with effect from 13-1-73, and since … restrictions imposed by Rule 47 of the Bihar Excise Rules made under Section 89 of Bihar & Orissa Excise Act 191.5. This Rule was also amended by insertion of proviso with effect from 13-1-73, and since then foreign