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Yogendra Kumar Ojha, Vs. State of Jharkhand

Court : Jharkhand

Reported in : 2008(56)BLJR955

..... have challenged the judgment dated 23.3.2007 passed by the addl. judicial commissioner, ranchi, in sessions trial no. 691 of 1997 whereby two of the appellants namely yogendra kumar ojha and anil kumar ojha alias raju ojha have been convicted for offences under section 25(1a) of the arms act and sentenced to imprisonment for eight years ..... not be less than five years, but which may extend to ten years and shall also be liable to fine.this provision was introduced in the statute by an amendment with effect from 27.5.1988. the term 'possession' as used in the section is not confined only to actual physical possession, but also includes constructive possession. ..... empty, or(ii) 'weapons or any description designed or adapted for the discharge of any noxious liquid, gas or other such thing; and includes artillery, anti-aircraft and anti tank firearms and such other arms as the central government may, by notification in the official gazette, specify to be prohibited arms;section 35 of the arms .....

Tata Steel Limited and ors. Vs. State of Jharkhand and ors.

Court : Jharkhand

Reported in : [2008(3)JCR365(Jhr)]

..... to refer relevant provisions of jharkhand value added tax act, 2005 (in short 'vat act') and subsequent amendments made in the said act by jharkhand value added tax (amendment) act, 2007 (in short amendment act, 2007').6. in the vat act, 2005, preamble of the act reads as under:an act to provide for and consolidate the law relating to ..... files a true declaration in the form and manner prescribed.10. in 2007 the respondents-state amended various provisions of vat act, 2005 by enacting jharkhand value added tax (amendment) act, 2007 (jharkhand act 3 of 2008). section 1 of the amendment act, 2007 made the amended provisions effective from 1.4.2006. in section 3, one more definition ..... and restrictions in the free movement of goods.39. in course of hearing of the writ petitions, the state came with an amendment, namely, jharkhand value added tax act (amendment act. 2007). by the aforesaid amendment, sub-sections (4). (5), (6) and (7) have been inserted. according to sub-section (4), entry tax .....

Sheo Shankar Giri Vs. The State of Jharkhand Through Its Chief Secreta ...

Court : Jharkhand

..... years.11. in shanker raju vs. union of india reported in (2011) 2 scc 132, section 8 of the administrative tribunals act, 1985 was considered by the hon'ble supreme court. prior to amendment in 2007, section 8 provided that the chairman, vice chairman and other members shall hold office for a term of five years from the date ..... at the national, state and district levels. under section 6 legal services authority for the state is constituted by every state government. by the act 37 of 2002, section 22 was amended and chapter via inserting section 22a to 22e was brought on the statute book. section 22b provides establishment of permanent lok adalats at such places ..... on which he enters upon his office, but shall be eligible for reappointment for another term of five years. after amendment in section 8 it read, the .....

Alternative for India Development Through Its Manager Shashi Bharat Vs ...

Court : Jharkhand

..... sub-section by an express agreement in writing. (emphasis supplied) (x) the aforesaid section 12(5) is to be read with the seventh schedule to the act of 1996 as inserted by amendment act of 2015. clause 1 of the seventh schedule reads as under: - the seventh schedule [see section 12(5)] arbitrator's relationship with the parties or ..... is an agreement between the parties which is pertaining to running of facilitation centre at district palamau, (ii) agreement has been arrived at between the parties dated 11th january, 2007 which is at annexure 1 to this memo of arbitration application and as per clause 8.1(b) thereof, there is an arbitration clause. (iii) a dispute has ..... submitted that an agreement has been entered into between the parties which is annexed as annexure 1 to the memo of this arbitration application which is dated 11th april, 2007. as per this agreement and especially clause 8.1(b) thereof, there is an arbitration clause, if the dispute has arisen from the said agreement. it is .....

Pratik Sarkar, Vs. the State of Jharkhand

Court : Jharkhand

Reported in : 2008(56)BLJR660

..... affidavit of the state shows that the m.c.c.i. organisation and its all committees, platforms were banned under section 16 of the criminal law amendment act, 1908 by the notification of home (special), government of bihar, dated 3.6.1987 to associate with the party, giving donations and publishing literature supporting ..... counsel, submitted that petitioners had preferred petition for their discharge on the ground that under given circumstances, no offence under section 17 of the criminal law amendment act, 1908 was made out against any of them but their petition under section 239 cr.p.c. was rejected by the court-below upon erroneous consideration ..... impugned dated 12.6.2007, passed by shri vishal srivastava, judicial magistrate, hazaribagh, whereby and whereunder, discharge petition filed on behalf of the petitioners under section 239 of code of criminal procedure was rejected with a direction to the petitioners to stand charge under section 17 of the criminal law amendment act, 1908.2. .....

Debashish Soren Vs. the State of Jharkhand Through the Chief Secretary ...

Court : Jharkhand

Reported in : [2008(1)JCR542(Jhr)]

..... that the submissions made by the counsel for the petitioners seeking for the declaration questioning the vires of the provisions of the jharkhand municipal amendment act, 2006 and ranchi municipal corporation amendment act, 2006 cannot be accepted and the same is liable to be rejected on the following reasons:(i) the main ground on the basis ..... fix the upper limit of reservation to the extent of 50 per cent for ward commissioners of scheduled caste, scheduled tribe and backward classes. the said amendment act which increases the penalty and/or prescribes the limit of reservation is in no manner can be said to be inconsistent with the provisions of the ..... air 1995 ap 274.(ix) the same reasoning would apply to the present case also. the state government, by virtue of the jharkhand municipal act and ranchi municipal corporation (amendment) act 2006 cannot extend to the scheduled areas which is prohibited under article 243zc.(x) further article 243zf allows the continuance of the existing laws .....

Tata Steel Limited Vs. the State of Jharkhand

Court : Jharkhand

Reported in : [2007(1)JCR447(Jhr)]; (2007)8VST236(Jharkh)

..... pursuant to the appellate order', followed by notices dated 3.1.2006 and 10.2.2006 (annexure-8 series).petitioner did not appear pursuant to the said notices. accordingly, two amended assessment orders were passed on 16.3.2006 under b.s.t. and c.s.t. (annexure-9 and 12 respectively). pursuant to the said orders, a notice showing ..... sought to be reopened, c.s.t. registration number should have been mentioned and clause 'ja' which refers to sections 17(2) and 19(1) of bihar sales tax act should have been ticked. relying heavily on the said notice dated 3.1.2006, he contended that the concluded assessment under c.s.t., could not be reopened and the ..... order passed in 2001 under the c.s.t. has been reopened and reassessment order has been passed without serving a valid notice under section 19 of the bihar finance act and, as such, the impugned orders are without jurisdiction.3. on the other hand, mr. jhunjhunwala, appearing for the respondents, submitted that the impugned orders were passed after .....

Surendra Nath Sharma Vs. Rajendra Kumar Sharma and ors.

Court : Jharkhand

Reported in : 2008(56)BLJR1355

..... shall be deemed to include a reference to a daughter. but this provision shall not apply to a daughter married before the commencement of the hindu succession (amendment) act of 2005. this provision shall not affect or invalidate any disposition or alienation including partition or testamentary disposition of property which had taken place before 20th december, ..... property. hence, this application by the defendant-petitioner.4. learned counsel for the petitioner assailed the impugned order on the ground inter alia that after amendment of hindu succession (amendment) act, 2005, daughter of a co-parcener has right title and interest over the ancestral property. learned counsel further submitted that daughters of sri lal sharma ..... m.y. eqbal, j.1. this application under article 227 of the constitution of india is directed against the order dated 8.3.2007 passed by sub-judge-vii, deoghar in title partition suit no. 32/2000 whereby he has rejected the petition filed by the petitioner along with .....

Guru Pada Ghosh Vs. Presiding Officer, Central Govt. Industrial Tribun ...

Court : Jharkhand

Reported in : [2004(101)FLR217]; [2004(1)JCR66(Jhr)]

..... reference case no. 41 of 1988, or the preliminary point of maintainability and held that they are not maintainable in view of the coal mines nationalization law (amendment) act, 1986 (amendment act' for short).2. the petitioner, an employee of loyabad colliery, after due enquiry was dismissed on 6.4.1968 on the charge of defalcation of money, ..... coal mine is duly terminated or until his remuneration, terms and conditions of employment are duly altered by the central government or the government company'.4. under the amendment act, inter alia, section 14 was deleted except retaining it's sub-section (4), section 14 stood substituted with effect from 1.5.1973 as follows :'14. ..... was made on 29.7,1987 holding that the workmen were wrongly stopped from working. the supreme court held in ram kanali collery case (supra) that the amendment act was retrospective. however, that legal position was not applied in that case in view of the said findings of fact recorded by the tribunal in that case.8 .....

Sheo Prakash Sinha and ors. Vs. the State of Jharkhand and ors.

Court : Jharkhand

Reported in : 2009(57)BLJR336; [2008(4)JCR316(Jhr)]

..... and they were never served with any notice, as required under the mandatory provisions of section 4(1) of the land acquisition act.12. section 4(1) of the land acquisition (bihar amendment) act, 1960 (11 of 1960) reads follows:(1) whenever it appears to the appropriate government or the collector that land in any ..... level of the district land acquisition officer, ranchi. thereafter, a notification no. 10/dla, ranchi, 8/07-388 rev dated 20.4.2007 under section 4(2) of the amended land acquisition act, 1961, was notified by the revenue and land reforms department by the director, land acquisition section of jharkhand for information to all concerned ..... the petitioners, raises the following grounds:i. that the respondents have failed to comply with the mandatory provisions of section 4(1) of the land acquisition act (bihar amendment) by failing to serve notice upon the petitioners before initiating the process of acquisition of their lands.ii. that the acquisition of the lands by resorting to .....