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Raja Ram Jaiswal Vs. State of Bihar

Court : Supreme Court of India

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

of the Act or any other law for the time being in force relating to the excise-revenue. 49. Section 95 provides that no suit shall lie in any Civil Court against the Government or any Excise Officer for … 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

Gunda Venkata Ramana Vs. District Level Committee, Srikakulam and Othe ...

Court : Andhra Pradesh

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

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 … Ms. No.71, dated 29-2-2000 in exercise of powers under Clauses (ix) (xii) (xxii) of Section 268 read with Section 95 of A.P. Panchayat Raj Act, 1994. These Sand Rules are comprehensive and deal with all aspects of leasing … 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.

Dusasan Behera Vs. State of Orissa and ors.

Court : Orissa

Subject : Excise

Acts : Bihar and Orissa Excise Act, 1915 - Sections 45; Orissa Excise Rules, 1965 - Rules 4(2) and 45

Reported in : 78(1994)CLT877; 1994(II)OLR613

Accordingly/ an afidavit has been filed on 16-7-1994 stating therein that Under Section 45 of the Bhihar and Orissa Excise Act, no person to whom any licence or exclusive privilege has been granted under the Act shall … an afidavit has been filed on 16-7-1994 stating therein that Under Section 45 of the Bhihar and Orissa Excise Act, no person to whom any licence or exclusive privilege has been granted under the Act shall have any

Utkal Distilleries Ltd. (In All) Vs. State of Orissa and ors.

Court : Orissa

Subject : Excise

Reported in : 2009(I)OLR616

from the years 1994-95 to 2004-05.2. The brief facts of the case are that the Commissioner of Excise, Orissa, vide Order dated 12.9.1990 (Annexure-1) granted licence in favour of the company M/s. Sitansu Mohan Pattnaik & Co. … for potable purpose and, therefore, unfit for human consumption.Sub-section 1 of Section 27 of the Bihar & Orissa Excise Act, 1915 (hereinafter referred to as 'the Act, 1915') deals with the power to impose duty on import, transport

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 … be borne in mind that by common standards ethyl alcohol (which has 95 per cent) is an industrial alcohol and is not fit for human … 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.

N.K. Doongaji and Co. Vs. the State of Madhya Pradesh and ors.

Court : Madhya Pradesh

Subject : Excise

Acts : Madhya Pradesh Excise Act, 1915 - Sections 8 to 17, 18, 25, 27 and 28; Madhya Pradesh Excise (Amendment and Validation) Act, 1964; Constitution of India - Articles 19(1), 19(6), 47 and 265

Reported in : AIR1975MP1; 1974MPLJ699

J. and I will not repeat the same. I will straightway come to the relevant provisions of the Excise Act. Section 2 of the Act contains certain definitions. 'Intoxicant' is defined by Section 2 (11-A) to mean any liquor … High Court in Damodaran v. State of Kerala, 1LR (1909) 2 Ker 95. I respectfully agree with the views expressed in these cases. In my … tax and a fee was again considered by their Lordships in Shri Jagannath Ramanuj Das v. State of Orissa, AIR 1954 SC 400. The following observations made by their Lordships in paragraph 9 are pertinent:'As has been

Smt. Shahnaz HussaIn Wife of Late Shri Nasir Hussian Vs. State of U.P. ...

Court : Allahabad

Subject : ExciseCriminal

Reported in : 2008(227)ELT61(All)

but the Excise Department had issued a show cause notice dated 2.3.1988 under Section 11A of the Central Excise Act, 1944 (Hereinafter referred to as the 'Act') and contended that they were manufacturing cosmetic and not Ayurvedic Medicines. … C.A. Abraham v. I.T.O. Kottayam and Ors. : [1961]41ITR425(SC) ; Titaghur Paper Mills Co. Ltd. v. State of Orissa and Anr. : [1983]142ITR663(SC) ; H.B. Gandhi v. Gopinath & Sons 1992 (Suppl.) 2 SCC 312; Whirlpool Corporation

G. Rama Rao Reddy Vs. State of Orissa and ors.

Court : Orissa

Subject : ExciseCriminal

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

Reported in : 2001(II)OLR486

said Jaggery (Guda) had been kept for preparation of liquor, offence Under Section 47(f) of the Bihar and Orissa Excise Act was made out. On the basis of the charge-sheet submitted by the Excise Officer, learned Magistrate … Jaggery (Guda) had been kept for preparation of liquor, offence Under Section 47(f) of the Bihar and Orissa Excise Act was made out. On the basis of the charge-sheet submitted by the Excise Officer, learned Magistrate took cognizance

Raghunath Sahoo and Satrughna Sahoo Vs. State of Orissa

Court : Orissa

Subject : Criminal

Acts : Bihar and Orissa Excise Act, 1915 - Sections 47; Evidence Act, 1872 - Sections 45

Reported in : 2002(II)OLR490

Appeals have been dismissed by the learned Appellate Courts under Section 47(a) and (f) of the Bihar and Orissa Excise Act. Hence these revisions.2. In Criminal Revision No. 108/95 the factual matrix leading to filing of this … have been dismissed by the learned Appellate Courts under Section 47(a) and (f) of the Bihar and Orissa Excise Act. Hence these revisions.2. In Criminal Revision No. 108/95 the factual matrix leading to filing of this revision is

Shahnaz Ayurvedics Vs. Commissioner of Central Excise

Court : Allahabad

Subject : Excise

Acts : Central Excise Act, 1944 - Sections 11A, 35C and 37B; Constitution of India - Articles 32 and 226

Reported in : 2004(173)ELT337(All)

Act, 1985, hereinafter called the 'Act 1985'. For that purpose, the provisions of Section 11A of the Central Excise Act, 1944, hereinafter called 'the Act 1944' were invoked and the matter was also examined as to whether the … C.A. Abraham v. I.T.O. Kottayam and Ors. : [1961]41ITR425(SC) ; Titaghur Paper Mills Co. Ltd. v. State of Orissa and Anr. : [1983]142ITR663(SC) ; H.B. Gandhi v. Gopinath & Sons, 1992 (Suppl.) 2 SCC 312; Whirlpool Corporation