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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

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 … this Act or of any other law for the time being in force relating to the excise-revenue. 50. Section 96 provides for limitations of suits and prosecutions and reads : and, except with the previous sanction of the … 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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Oct 25 1968

M. Abdul Hassan and ors. Vs. State of Orissa and ors.

Court : Orissa

Decided on : Oct-25-1968

Subject : Excise

Acts : Constitution of India - Article 226; Bihar and Orissa Excise Act, 1915 - Sections 27; Limitation Act, 1908 - Schedule - Article 96

Reported in : AIR1969Ori180

countervailing duty illegally -- by mistake -- collected by a notification under Section 27 of the Bihar and Orissa Excise Act (Act 2 of 1915 hereinafter referred to as the Act) dated March 31, 1961.2. These cases … duty illegally -- by mistake -- collected by a notification under Section 27 of the Bihar and Orissa Excise Act (Act 2 of 1915 hereinafter referred to as the Act) dated March 31, 1961.2. These cases arise out … question is: Is the petitioners' claim for refund barred by limitation? Article 96 of the Limitation Act, 1908 corresponding to Section 17 of the present

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Sep 06 1978

Prem Cables Pvt. Ltd. Vs. Assistant Collector (Principal Appraiser) Cu ...

Court : Rajasthan

Decided on : Sep-06-1978

Subject : ExciseCustoms

Acts : Indian Tariff Act, 1936 - Sections 2, 2A, 2A(1) and 2A(2); Customs Act, 1962 - Sections 2, 12(1), 25, 25(1), 27, 27(1), 128 and 131; Finance Act, 1965 - Sections 26(1), 76(1) and 77; Constitution of India (Fifteenth Amendment) Act, 1963 - Sections 8; Sea Customs Act - Sections 23; Finance Act, 1964 - Sections 57(1); Central Excise Act, 1944; Finance Act, 1960; Indian Tariff Act, 1934; Central Excise (Conversion to Metric Units) Act, 1968; Finance Act, 1969; Evidence Act - Sections 106; Limitation Act, 1963 - Sections 17(1); Limitation Act, 1908 - Schedule - Articles 24, 62 and 96; Constitution of India - Articles 19, 32, 136, 226 and 226(1A); Contract Act - Sections 72; Orissa Sales Tax Act - Sections 4, 14 and 19; Uttar Pradesh Sales Tax Act; Code of Civil Procedure (CPC) - Sectio

Reported in : 1981(8)ELT440(Raj); 1978(11)WLN481

thereto. Schedule I to the Central Excises and Salt Act, 1944 (hereinafter to be referred to as 'the Excise Act') as amened by the Finance Act, 1960 contained item No. 33. Item No. 33(a) mentioned aluminium in any … Joint Secretary (Revision Application) Ministry of Finance and Ors., AIR 1978 Orissa 96. In that case, the petitioners represented against Anxs. 4 and 4B on … Court. It was held in Serajuddin & Co. v. The State of Orissa and Ors., AIR 1971 Cal. 414, that where the orders as to … submission made by Mr. Parakh, it is necessary to examine various provisions of the Act and the Customs Act. Section 12(1) of the Customs Act is the charging section. It provides as under,-'12. (1) Except as otherwise provided

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Jan 02 1957

Pagla Baba and anr. Vs. the State

Court : Orissa

Decided on : Jan-02-1957

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1898 - Sections 48, 54, 54(1), 96, 96(1), 102, 225, 342 and 537; ;Indian Penal Code (IPC), 1860 - Sections 52, 97, 99, 100, 142, 147, 336, 341 and 342; Arms Act, 1898 - Sections 25; Constitution of India - Article 31 and 31(1)

Reported in : AIR1957Ori130; 23(1957)CLT88; 1957CriLJ769

held:'The recording of reason before search is provided for both under the Criminal Procedure Code and under the Excise Act and is intended to protect the liberty of citizens and avoid useless and unjustified searches. If an officer … is as follows. 'Warrant to search after information of a particular offence.(No. VIII Schedule V. Act V. 1898) (Section 96 of the Code of Criminal Procedure)The Officer in charge, Manglabag P. 6. Cuttack.Whereas information has been laid by … 1701, Central Act No. VII of 1912 passed at the time when Orissa became a part of Bihar and Orissa and Regulation I of 1936

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Sep 24 2002

Raghunath Sahoo and Satrughna Sahoo Vs. State of Orissa

Court : Orissa

Decided on : Sep-24-2002

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

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Oct 11 2002

Raj Dayal Saha Vs. State of Orissa and ors.

Court : Orissa

Decided on : Oct-11-2002

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

for 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 … 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

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Feb 18 2009

PrawIn Kumar Vs. State of Orissa and ors.

Court : Orissa

Decided on : Feb-18-2009

Subject : Excise

Reported in : 107(2009)CLT385

transparency and making safe the huge Govt, revenue involved.As per provisions under Section-23 of the Bihar and Orissa Excise Act 1915(1) a grantee of an exclusive privilege under Section 22 shall not let or assign the same or … Sri Prawin Kumar entered into a partnership deed with one Sri Rajesh Kumar Sahu of Titilagarh, Dist: Bolangir, Orissa on 1.5.05 declaring therein that he has already applied for addition of the name of Sri Rajesh Kumar … (ten) Out Still shops in question involving a huge amount of Rs. 96.00 lakh per annum towards licences fee and Rs. 32.40 lakh per annum

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Jul 19 1994

Dusasan Behera Vs. State of Orissa and ors.

Court : Orissa

Decided on : Jul-19-1994

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

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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

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Mar 21 2002

Subash Chandra Sahu Vs. State of Orissa

Court : Orissa

Decided on : Mar-21-2002

Subject : Criminal

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

Reported in : 93(2002)CLT820

Appeal No. 36/77 of 1995 (GDC) on 3.1.96 convicting the petitioner under Section 47(a) of the Bihar and Orissa Excise Act and sentencing him to undergo R.I. for a period of six months and to pay a … No. 36/77 of 1995 (GDC) on 3.1.96 convicting the petitioner under Section 47(a) of the Bihar and Orissa Excise Act and sentencing him to undergo R.I. for a period of six months and to pay a fine of

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