Spirituous Preparations Inter State Trade And Commerce Control Act 1955 Section 4 Other Preparations Containing Alcohol May Be Notified As Spirituous Preparations - Judgment Search Results
Home > Cases Phrase: spirituous preparations inter state trade and commerce control act 1955 section 4 other preparations containing alcohol may be notified as spirituous preparations Page 1 of about 224,000 results (0.151 seconds)Dabur India Ltd. Vs. Delhi Administration and ors.
Court: Delhi
Reported in: 48(1992)DLT660; 1993(44)ECC101
collection of duty of excise on such medicinal products.(27) The spirituous Preparations (Inter-State Trade and Commerce) Control Act, 1955 (for short be prescribed with regard to the retail sale of Ayurvedic preparations which were capable of being used as alcoholic beverages. Apart Khand Udyog's case, Section 58A of the Bombay Prohibition Act, inter aha, provided that the State Government may pass general or to hereinabove.(30) Reference was also made to the case of State of Bombay v. F. N. Balsara, : [1951]2SCR682. In that of the police power of the State to regulate such trade or business which is inherently dangerous to public health.'(25) The primarily with a view to preventing such inter-State trade and commerce which results in import into or passage through a 'prohibition in Synthetic & Chemicals case:THE position with regard to the control of alcohol industry has undergone material and significant change after the 1940 Act apply then the provisions of the 1940 Act will have to be applied in addition to the requirements in that case was whether with the promulgation of the 1955 Act Excise Duty could continue to be levied on such by the Administrator in exercise of the power conferred by Section 58 of the Punjab Excise Act, 1914. Section 58 of also be regarded as an intoxicating drink. Prohibition under Article 47 would ordinarily be understood as meaning a complete ban on not beverages or the use of medicinal and toilet preparations containing alcohol.' The Court further came to the conclusion that there as well. The impugned drugs containing fairly high degree of alcohol are being consumed as alcoholic beverages, at times leading to Bombay Prohibition Act, inter aha, provided that the State Government may pass general or special orders directing the manufacture, import, export, containing more than the prescribed quantity of alcohol has been notified to mean an intoxicant. This is an important distinction. Furthermore
Tag this Judgment! Ask ChatGPTDr. Sahai's Laboratory Pvt. Ltd. and Ors. Vs. State of U.P. and Ors.
Court: Allahabad
Reported in: AIR1980All364
term 'spirituous preparations' as defined under Section 2(d) of the Spirituous Preparations (Inter-State Trade and Commerce) Control Act, 1955 (hereinafter referred 'spirituous preparations' as defined under Section 2(d) of the Spirituous Preparations (Inter-State Trade and Commerce) Control Act, 1955 (hereinafter referred to writ petitions were also raised in Vir Narain Tyagi v. State of U.P. (AIR 1978 All 490). In view of the as defined under Section 2(d) of the Spirituous Preparations (Inter-State Trade and Commerce) Control Act, 1955 (hereinafter referred to an Act under Section 2(d) of the Spirituous Preparations (Inter-State Trade and Commerce) Control Act, 1955 (hereinafter referred to an Act No. 39 Section 2(d) of the Spirituous Preparations (Inter-State Trade and Commerce) Control Act, 1955 (hereinafter referred to an Act No. 39 of is based on the circumstance that the year of the Act mentioned in the notification is 1955. We are unable to the Schedule to the said Act as it stood in 1955 and not as it stood after its being substituted by the contrary were entitled to raise the presumption contained in Section 11 of Act No. 39 of 1955. No material on Vir Narain Tyagi v. State of U.P. (AIR 1978 All 490). In view of the decision of Vir Narain's case (supra), 1964. Clause 2 (iii) of the Schedule specified 'all others containing alcohol which are prepared by distillation or to which alcohol medicinal preparations. It does not deal, with Homoeopathic preparations containing alcohol. This category namely, the Homoeopathic preparations containing alcohol is enumerated No. 39 of 1955. We have gone through the said notification. Reliance was placed on Clause (2) of this notification by
Tag this Judgment! Ask ChatGPTPritpal Singh Rattan Singh Vs. the Chief Commissioner of Delhi and anr ...
Court: Punjab and Haryana
Reported in: AIR1966P& H4
or permit granted under these rules. Rule 3A lists intoxicating spirituous preparations that may be possessed without a licence or permit as that of the rules in which 37 such spirituous preparations are enumerated. In the 1961 Rules this meaning meets a to directly and immediately restrict or impede trade, commerce or intercourse, but if it is not such a legislation and it of the Act and as the Legislature also wanted the State Government to have power to make such declaration for a to the inter-State trade and commerce as also the intra-State trade and commerce, inasmuch as import, export and transport of the commerce may achieve some public purpose which affects trade and commerce incidentally but without impairing the freedom. In this case a general power with the Chief Commissioner is not restricted or controlled by the rule making power conferred on the Excise Commissioner this term in the same. The definition in all the Acts referred to practically follows the pattern as in Section 3 provisions is to show that even under Act 39 of 1955, which imposes certain restrictions on inter-State trade and commerce with But, as reliance has not been placed upon all such sections during the arguments, only such of the sections will come the non-existence of a provision like Sub-section (1) of Section 4 of United Provinces Act 4 of 1910 in the Act Section 3 (14) of the Act declaring all spirituous preparations containing more than 20 per cent proof alcohol to be liquor that are described as (1) Asavas and Arishtas containing self-generated alcohol in which the alcohol content does not exceed two per the shape in which it is found so that it may not be said that although the State-Government can issue such Section 58 (1) says that the Chief Commissioner may, by notification make rules for the purpose of carrying out the provisions
Tag this Judgment! Ask ChatGPTState of Rajasthan and ors. Vs. Vatan Medical and General Store and or ...
Court: Supreme Court of India
Reported in: AIR2001SC1937; JT2001(4)SC187; 2001(3)SCALE62; (2001)4SCC642; [2001]2SCR729; 2001(2)LC983(SC)
Excise Act 1950, the State Government framed the Rajasthan Intoxicating Spirituous Preparations, Import, Export, Transport, Possession and Sales Rules, 1989 (hereinafter was not empowered to frame rules in respect of medicinal preparations. The rules framed by State Government are clearly beyond the distribution of any Ayurvedic, Siddha or Unani drugs in public interest. Sale and distribution of drugs by retail or wholesale and but that does not warrant the striking down of the State legislation as ultra vires. The Delhi High Court noted that Government and also constituted unreasonable restriction on fundamental right to trade and hence were violative of Article 19(1)(g) of the Constitution. Drugs (Control) Act, 1950, the Spirituous Preparations (Inter-state Trade and Commerce) Control Act, 1955, the Medicinal and Toilet Preparations (Excise Duty) (Control) Act, 1950, the Spirituous Preparations (Inter-state Trade and Commerce) Control Act, 1955, the Medicinal and Toilet Preparations (Excise Duty) Act, Act and the ISP Rules, Section 2 of the 1940 Act specifically states that the provisions of the Act shall be leviable under the Medicinal and Toilet Preparation (Excise Duty) Act, 1955, the provisions of the Rajasthan Excise Act, 1950 shall apply; 8.5.1990--In exercise of the power conferred by sub-section (15) of section 3 and sub-section(1) of Section 4 of the Rajasthan Excise Act;' 3. In exercise of the powers conferred by Section 41 of the Rajasthan Excise Act 1950, the State Government framed declare all medicinal and toilet preparations and other spirituous preparations containing more than 20% proof alcohol to be liquor for the are being misused and consumed as beverages as they have alcohol content of over 25 degree proof. The sale of such is no product manufactured by the respondents before us which may attract the applicability of the impugned rules and notifications which 3, 'intoxicating spirituous preparations' are defined to mean 'spirituous preparations notified as liquor by the Government from time to time'. Extensive
Tag this Judgment! Ask ChatGPTVikyamal Datumal Vs. State of Gujarat
Court: Gujarat
Reported in: 1967CriLJ1418; (1966)GLR1064
in the Official Gazette, declares such preparation to be a spirituous preparation within the meaning of this Act and thereupon the of the said Act, which section reads as under:4. Other preparations containing alcohol may be notified as spirituous preparations.If the Central as may be made in the matter, that control of interstate trade and commerce in any preparation containing alcohol other than be issued under Section 4 of the Spirituous Preparations (Inter State Trade and Commerce) Control Act, 1955, by the Central Government satisfied that in respect of such preparation control of inter-state trade and commerce is necessary in the public interest, a notification in respect of such preparation control of inter-state trade and commerce is necessary in the public interest, a notification cannot be Sea. 4 of the Spirituous Preparations (Inter-State Trade and Commerce) Control Act, 1955 (89 of 1955), the Central Government hereby declares Act. Moreover, there is no provision for confiscation in the Act, and the order of confiscation is not proper when the of the Spirituous Preparations (Inter-State Trade and Commerce) Control Act, 1955 (89 of 1955), the Central Government hereby declares Eau-decologne to in accordance with Section 4 of the said Act, which section reads as under:4. Other preparations containing alcohol may be notified by the Central Government is not in accordance with Section 4 of the said Act, which section reads as under:4. Other that control of interstate trade and commerce in any preparation containing alcohol other than a preparation referred to in Sub-clause (i) control of interstate trade and commerce in any preparation containing alcohol other than a preparation referred to in Sub-clause (i) or Act, which section reads as under:4. Other preparations containing alcohol may be notified as spirituous preparations.If the Central Government la satisfied, section reads as under:4. Other preparations containing alcohol may be notified as spirituous preparations.If the Central Government la satisfied, after making
Tag this Judgment! Ask ChatGPTAyurveda Pharmacy and anr. Vs. State of Tamil Nadu
Court: Supreme Court of India
Reported in: AIR1989SC1230; 1989(40)ELT273(SC); JT1989(1)SC539; 1989(1)SCALE624; (1989)2SCC285; [1989]2SCR37; [1989]73STC346(SC); 1989(2)LC116(SC)
Cosmetics Act, 1940, as amended in the year 1964, and Spirituous Preparations (Inter State Trade and Commerce) Control Act, 1955. It at 30% on Arishtams and Asavas alone while other medicinal preparations are subjected to tax at 7% (now increased to 8%) Item 95. It is open to the Legislature, or the State Government if it is authorised in that behalf by the amended in the year 1964, and Spirituous Preparations (Inter State Trade and Commerce) Control Act, 1955. It is said that there the year 1964, and Spirituous Preparations (Inter State Trade and Commerce) Control Act, 1955. It is said that there are over Ayurvedic medicines, and that in any event the object of controlling the consumption of liquor is amply served by several other and Toilet Preparations (Excise Duty) Act, which was a Central Act. The Court held that the three preparations were medicinal preparations, statutes, including the Medicinal and Toilet Preparations (Excise Duty) Act, 1955, Drugs and Cosmetics Act, 1940, as amended in the year Nadu General Sales Tax Act, 1959. By a notification dated 4 March, 1974, the State of Tamil Nadu included a large It is said that there are over 130 Allopathic medicines containing alcohol which are potable as against only three Ayurvedic medicines, medicinal preparations generally, including those containing a lower percentage of alcohol. On this ground alone the appellants are entitled to succeed.7. levying different rates of sales tax. For instance, the object may be to encourage a certain trade or industry in the the Tamil Nadu General Sales Tax Act, 1959. By a notification dated 4 March, 1974, the State of Tamil Nadu included
Tag this Judgment! Ask ChatGPTNebha and Co. and ors. Vs. State of Gujarat and ors.
Court: Supreme Court of India
Reported in: (1986)2GLR1417; 1986(1)SCALE314; (1986)2SCC319
Rule 14, to maintain true and proper accounts of all spirituous articles imported by him and to furnish a monthly return of the Bombay Prohibition Act declares that medicinal and toilet preparations containing alcohol are to be regarded as unfit for use which you intend to import and therefore in the best interests of full Prohibition policy of the Hon'ble Government of Gujarat, regarded as unfit for use as intoxicating liquor unless the State Government, on the advice of a Board of Experts, determines as it has been exempted under the Spirituous Prepara-tions (Inter-State Trade and Commerce) Control Act, 1955, The further contention was that by Section 4 of the Spirituous Preparations (Inter-State Trade and commerce) Control Act, 1955, the Central Government issued a notification declaring spiritous preparation under the Spirituous Preparations (Inter-State Trade and Commerce) Control Act, 1955 and no licence or import pass was necessary exempted under the Spirituous Preparations (Inter-State Trade and Commerce) Control Act, 1955.3. It may be mentioned at this point that in under the Spirituous Preparations (Inter-State Trade and Commerce) Control Act, 1955 and no licence or import pass was necessary in relation on the subject, the Court declared that the provisions of Sections 12 and 13 of the Bombay Prohibition Act, 1949 were point that in exercise of the power conferred by Section 4 of the Spirituous Preparations (Inter-State Trade and commerce) Control Act, unfit for use as intoxicating liquor; (2) any medicinal preparation containing alcohol which is unfit for use as intoxicating liquor; (3) that the purchase, possession or use of any liquor or alcohol for the manufacture of any such article shall not be Spirituous Preparations (Inter-State Trade and Commerce) Control Act, 1955.3. It may be mentioned at this point that in exercise of the the High Court of Gujarat challenging the validity of that notification and the High Court, by its judgment dated April 24,
Tag this Judgment! Ask ChatGPTChandulal Jethalal Jayaswal and ors. Vs. State of Gujarat and anr.
Court: Gujarat
Reported in: AIR1964Guj59; (1963)GLR1033
purposes and it was to prevent such misuse of denatured spirituous preparations, like French Polish and Varnish, that Chapter IV-B of making these rules as to prevent abuse of denatured spirituous, preparations, namely, French Polish and Varnish, and thereby to effectuate the connotation of the expression 'intoxicating liquors' in entry 8. In interpreting any particular entry, it is a well settled rule that and sale of these two commodities which, as the affidavit states, made the abuse of these articles possible, be object of and that any restriction to the smooth flow of such trade, commerce and intercourse which did not fall within the purview or prevent persons or corporations engaged in the trade or commerce across the State boundaries and that trade and commerce can confer on the Collector an arbitrary and uncontrolled power. The control ultimately was with the appellate authority who could correct any 12, 13, 14 and 15 in Chapter III of the Act, which the Legislature has termed as prohibitions and which the 302 of the Sea Customs Act, 1878, as amended in 1955. Dealing with that rule which enjoined payment of a fee In our view, there is a basic difference between the sections contained in Chapter III and those contained in Chapter IV-B directive principles of the State Policy laid down in Article 47 of the Constitution inasmuch as it did not appear to not beverages nor the use of medicinal and toilet preparations containing alcohol. The Prohibition Act, therefore, had gone beyond the scope two articles. He pointed out that the definition of denatured alcohol in Section 2(10a) itself makes a distinction between denatured spirit from the application of these rules. By a notification dated May 25, 1962 issued under Section 124, the Government of Gujarat sections of the Act, the rules made thereunder, the said notifications dated April 6, 1962 the said order rejecting the aforesaid
Tag this Judgment! Ask ChatGPTDabur (Dr. S.K. Burman) Private Limited and anr. Vs. the State of U.P. ...
Court: Allahabad
Reported in: 1987(12)ECC310
provides that licence for the retail vend of notified restricted spirituous medicinal preparations in Form 15-B (Appendix II) shall be granted the combined effect of the two notifications aforesaid, the medicinal preparations mentioned in the Schedule in the notification under Sub-section (1) U.P. and the Excise Commissioner as also its officers from interfering with the business of the petitioners in Ayurvedic medicines, including not possible to hold that in Vir Narain Tyagi v. State of U.P. 1978 ALJ 919 {supra) even if the sequence but that does not mean that those who want to trade in Mrit Sanjiwani Sura must possess a licence obtained under placing reasonable restrictions on the freedom of inter-State trade and commerce in such business. Narendra Kumar v. Union of India : here that it is not passible for the Court to control the process of thinking of the State Government and to be challenged as incorrect.46. Section 3(11) of the U.P. Excise Act defines the expression 'liquor' as meaning intoxicating liquor. The expression as well as Medicinal and Toilet Preparations (Excise Duties) Act, 1955, which are Central Acts, control and regulate the manufacture, production, the meaning of a particular word, phrase, sentence, paragraph or section, the context also includes the relevant factors outside the item observed that in the case of a notification under Section 4 of the Land Acquisition Act, the law has prescribed that date of publication of the notification itself the homeopathic dilutions containing alcohol and other spirituous medicinal preparations would be deemed to Government for miking recommendations regarding categorisation of Ayurvedic medicines containing alcohol which were capable of being consumed as ordinary alcoholic beverage. of the present, and so to mould them that they may be fit to serve for the future. Not every thing made the rules known as 'The Uttar Pradesh Sale of Notified Restricted Spirituous Preparations (Prevention of Misuse) Rules, 1978', notifying on
Tag this Judgment! Ask ChatGPTKalyan Chemicals Vs. Government of A.P. and ors.
Court: Andhra Pradesh
Reported in: 2003(4)ALD726; 2004(1)ALT264
on the Denatured Spirit, Methylated Spirit Methyl Alcohol or Denatured Spirituous preparations except the administrative fee at the rate of 0.50 3 of the Andhra Pradesh Denatured Spirit and Denatured Spirituous Preparations Rules, 1971 as amended by G.O. Ms. No. 147, dated U.P. Excise Act authorises the Excise Commissioner to make Rules, inter alia, for regulating the manufacture, supply, storage or sale of process of denaturation and the consequent expenses incurred by the State; the fee of 7 paise per litre was reasonable and of the State to trade in these commodities as that trade is considered to be obnoxious and injurious to public health.'12. power conferred by Section 41 of the Uttar Pradesh Excise Act, 1910. By the said notification, certain amendments were made in made in the Rules published in the notification dated 26-9-1910. Section 41 of the U.P. Excise Act authorises the Excise Commissioner Uttar Pradesh in exercise of the power conferred by Section 41 of the Uttar Pradesh Excise Act, 1910. By the said 2,09,500/- for the period from 21-1-1991 to 27-3-1993 for industrial alcohol. That as against the said amount of Rs. 2,09,500/- an paise only per bulk litre or such other rate as may be fixed by the Government from time to time on Court had an occasion to consider the validity of the notification dated 18-5-1990 issued by the Excise Commissioner, Uttar Pradesh in
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