Judgment Search Results Home > Cases Phrase: appropriation act 2006 Court: jharkhand Page 1 of about 8,003 results (0.068 seconds)

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

Court : Jharkhand

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

..... the proceeds for the entry tax levied and collected under section 11 of the jharkhand value added tax act, 2005 (jharkhand act, 5 of 2006) shall be appropriated into the 'fund'.3. ..... for by the writ petitioners are as under:(i) that in paragraph-1 of the writ petition, the following prayer may be added:(f) for issuance of an appropriate writ for a declaration that jharkhand value added tax, 2005 as amended by jharkhand value added tax (amendment) act, 2008 is violative of article 301 of the constitution of india as the said act is not compensatory in character and also is not saved by article 304 of the constitution as the said legislation is discriminatory in character and also ..... (g) for issuance of an appropriate writ for a further declaration that the jharkhand value added tax (amendment) act, 2008 cannot be given retrospective effect from 1st april, 2006. ..... 48 dated 29.3.2008 creating jharkhand trade development fund, wherein in part 2 it haw been specified that proceeds of entry tax levied and collected under section 11 of the act shall be appropriated into the fund.33. ..... the entry tax deposited under jharkhand value added tax act, 2005 under minor head-106 of the major head-0042 shall be deemed to have been appropriated into the fund.10. .....

Tata Steel Ltd. and ors. Vs. the State of Jharkhand and ors.

Court : Jharkhand

Reported in : 2007(2)BLJR1153; [2007(2)JCR180(Jhr)]; (2007)7VST109(Jharkh)

..... is also evident from the cabinet memo dated 25th march, 2006, wherein it is recorded that in view of deferment of tax provision in the vat act, it would be appropriate to end the exemption. ..... again at page-112 it is reported that with the enforcement of vat act with effect from 01.04.2006 though the exemption will disappear but the industrial units will be entitled to deferment of the tax under the vat act and the state will be deprived of its revenue and the matter was referred to the industries department for its ..... and 202 both dated 30th march, 2006 as also order dated 5th may, 2006 rejecting claim for deferment of tax under section 95(3) of vat act, and as a natural corollary the petitioners will be and are entitled to the benefit of deferment of tax in terms of section 95(3) of the vat act. ..... s.o.201 dated 30th march, 2006, issued under section 7(3)(b) of' the bihar finance act, 1981, whereby and whereunder, notification ..... most of the states of india it was introduced with effect from 1st april, 2005 and the state of jharkhand also enacted value added tax act, 2005 and enforced the same with effect from 1st april, 2006 and with a view to apply uniform tax structure through the value added tax all exemptions were withdrawn by virtue of section 96(3) of the vat act, 2005.15. mr. ..... impact of section 96 of the vat act was that all exemption notifications and exemption certificates allowed to various industrial units and in force as on 31st march, 2006 are deemed to be cancelled. .....

Tata Steel Limited and Others Vs. the State of Jharkhand and Others

Court : Jharkhand

Reported in : 2012AIR(Jhar)83

..... of the entry tax levied and collected under section 11 of the jharkhand value added tax act, 2005 (jharkhand act 5 of 2006) shall be appropriated into the 'fund'. 3. ..... 2008/930/fd in exercise of the powers conferred by the clause (xxia) of section 2 read with section 11 of the jharkhand value added tax act, 2005 (jharkhand act 5 of 2006) as amended by (act 3 of 2008) which prescribes for levy and collection of tax on import price(s) on entry of goods mentioned in third schedule of the act into the state or into a local area for consumption, use or sale therein subject to conditions as may be prescribed and also other conditions laid down ..... before proceeding to decide the issues referred above, it will be appropriate to make it clear that the act of 2011 has been enacted without sanction of the president of india under proviso to article304(b) of the constitution of india and the case of the state is also that since the act of 2011 imposes entry tax, which is compensatory in nature, sanction of the president of india is not required under ..... additional finance commissioner jharkahand, ranchi section 4 of the act of 2011 is as under:- 4.tax to be appropriated into the fund (1) the entry tax levied and collected under this act, shall be appropriated into the fund, as created under clause (f) of section 2 of this act. ..... deposited under the jharkhand value added tax act, 2005 under minor head-106 of the major head-0042 shall be deemed to have been appropriated into the fund. 10. .....

Ms G P T Infraprojects Limited Reprr Thr Its Chief Finance officer S ...

Court : Jharkhand

..... learned counsel for the petitioner in the midst of dictation of the judgment has also pointed out to the court that in the matter of pre-deposit under section 19 of the act of 2006, there is discretion of the court to allow pre-deposit in installments, as has been held by the hon'ble supreme court in in the case of goodyear india limited vrs. ..... appears that on failure of the parties to arrive at a settlement through conciliation under section 18(2) of the act of 2006, respondent- council in exercise of power under section 18(4) of the act of 2006 proceeded to decide the dispute between the parties. ..... is further submitted that merely to escape liability to deposit 75% of the amount of the award, the petitioner has chosen to invoke the jurisdiction of the writ court and avoided approaching statutory remedy available under the act of 2006 wherein provisions of 1996 act have been incorporated by the reference. ..... it is evident that parties in any such arbitration proceeding can agree to any such procedure and on failure to do so the arbirtal tribunal is free to conduct the proceeding in the manner it considers appropriate. ..... failing any agreement referred to in sub-section (2), the arbitral tribunal may, subject to this part, conduct the proceedings in the manner it considers appropriate. ..... is -5- submitted that the tribunal has the jurisdiction to follow the rules of procedures which the parties agree or on failure thereof, to conduct the proceeding in the manner it considers appropriate. .....

Jakir HussaIn and anr. Vs. State of Jharkhand and anr.

Court : Jharkhand

Reported in : [2007(4)JCR120(Jhr)]

..... dated 14th february, 2006 addressed to all the deputy commissioners, directing them to issue appropriate implementation of the provisions of the panchayat act stating, inter alia, that since there has been no election for panchayats at village level till date in the state of jharkhand, the persons are required to be elected in order to preside over the meetings of gram sabha in non-scheduled areas and to act as pradhan of the ..... in this writ petition, the petitioners have made the following prayers : (i) for declaring the provisions of section 8 of the jharkhand panchayat raj act, 2001 (hereinafter to be referred as the 'panchayat act') ultra vires, illegal and beyond the legislative competence of the state of jharkhand, being contrary to the provisions contained in part-ix of the constitution of india; (ii) for declaring rule 5(ga) of ..... 266 dated 14th february, 2006 addressed to all the deputy commissioners, whereby guideline has been issued for conducting the meeting of gram sabha in non-scheduled areas, providing for elections of persons to preside over the meetings and to act as a pradhan in the ..... of the said panchayat act and rule 2003 as also the impugned letter dated 14th february, 2006, are as follows:i ..... of the parties, it is necessary to notice and discuss the relevant provisions of the constitution, particularly, the provision of article 243(b), which is said to be violated by section 8 of the panchayat act as well as by the impugned letter dated 14th february, 2006.14. .....

Md. Mustafa Quraishi and ors. Vs. State of Jharkhand and ors.

Court : Jharkhand

Reported in : [2008(3)JCR284(Jhr)]

..... haat/bazaar under the provision of bihar agricultural produce market act and further for issuance of appropriate writ of quashing the notice dated 12.4.2006 issued by special officer, gumla municipality restraining the petitioners from doing ..... article 226 of the constitution of india wherein prayers have been made for issuance of an appropriate writ directing the respondents to issue licence to the petitioners for selling beef; to allow the petitioners to slaughter the animals either under jharkhand bovine animals prohibition of slaughter act or under the provisions of bihar preservation and improvement of animals act; to allow the petitioners to deal in the sale and purchase of animals in the ..... also the fact that economy of the state of gujarat is still predominantly' agricultural in which cattle is being used in large scale but the said situations upon which the provision of the gujarat act was held intra vires are not prevailing in the state of jharkhand and therefore, any legislation putting forth complete ban on the slaughter of the cattle would affect fundamental right to trade and ..... 2006 which is still pending and more or less same issue is being raised here though in this writ application vires of the provision of the aforesaid act .....

Siyawar Singh Vs. the State of Jharkhand Through S.P. Vigilance Bureau ...

Court : Jharkhand

Reported in : 2008(56)BLJR2739; [2008(3)JCR643(Jhr)]

..... facts and circumstances of the case, it is evidently clear that the first sanction, which was accorded for the criminal prosecution, was not in accordance with law as it was not under section 19(1)(b) of the prevention of corruption act whereas, when the prosecution agitated for modified sanction order in the relevant section, the chairman of the jharkhand state electricity board in consultation with other departments and the members of the board, declined to accord ..... and admittedly there was no sanction under appropriate section 19(1)(b) of the prevention of corruption act for the criminal prosecution of the petitioner under sections 7, 13(2) r/w 13(1)(d) of the prevention of corruption act which is sine qua non.7. mr. ..... advancing his argument the learned counsel further submitted that the sanction order dated 26.4.2006 was granted in exercise of powers conferred under section 197 of cr.p.c. ..... the special judge, vigilance having been satisfied with the prima facie materials on record took cognizance on 3.6.2006 under sections 7, 13(ii) and 13(1)(d) of the prevention of corruption act. ..... manoj kumar tandan, the learned counsel submitted that the written complaint against the petitioner was lodged on 25.11.2004 and the so-called sanction for prosecution against the petitioner was granted on 26.4.2006 under section 197 cr.p.c. ..... 65 of 2007 before this court challenging the sanction order dated 26.4.2006 and the cognizance order dated 3.6.2006. .....

Ashok Kumar Sah Alias Ashok Kumar Shaw Vs. The State of Jharkhand and ...

Court : Jharkhand

..... counsel for the respondent corporation submits that they are inclined to pass appropriate orders on the application of the petitioner in view of the exigency which has occurred. ..... the simple grievance of the petitioner herein is that he has made an application before the respondent corporation on 5th of june 2006 for passing necessary orders under section 194 of the bihar municipal act, 1922 for granting permission to the petitioner to demolish the building as it is in dilapidated condition.3. ..... 4-deoghar municipal corporation to take an appropriate decision in accordance with law on the application of the petitioner which is pending before them, as expeditiously as possible. 3. ..... let the writ petition be listed under the appropriate heading for its consideration in the first week of may before the appropriate bench. ..... let the matter appear under the appropriate heading. 2. ..... house of the writ petitioner which were sought to be demolished on account of being in a dilapidated condition and in that context, said order has been passed also observing that the concerned parties may move before the appropriate court.4. .....

Pradip Coke Industries Vs. State of Jharkhand and ors.

Court : Jharkhand

Reported in : [2006(2)JCR204(Jhr)]

..... preferred by the petitioner for the following reliefs:for issuance of an appropriate writ or a writ in the nature of mandamus directing upon the respondents to immediately and forthwith refund the entire amount, which is pending with the joint commissioner of commercial taxes (administration), dhanbad division, dhanbad being the excess amount realized from the petitioner under the provisions of bihar finance act, 1981 for the assessment years 1978-1979 to 2000-2001 amounting ..... , wherein the court directed the concerned respondent to consider the application filed by the said petitioner for refund of excess amount of tax and pass appropriate order for refund of the said amount together with interest in accordance with the bihar finance act and the rules framed there under.4. ..... upon the respondents to grant interest on the said amount with interest @ 9% per annum from expiry of six months from the date of application for refund as per the provisions of sections 42 and 43 of the bihar finance act, 1981, since the amount is being illegally retained by the respondents despite specific directions of the appropriate authorities.2. ..... during the pendency of the writ petition, the respondents refunded the entire amount on 10th february, 2006 except the amount of rs. .....

Mahesh Kumar Kejriwal and Anr Vs. The State of Jharkhand and Anr

Court : Jharkhand

..... 71 of 2006, it was mentioned therein that the award will not come in the way of any proceedings before the appropriate forum under section 138 of the negotiable instruments act. ..... banerji s client to take further steps, if any, before the appropriate forum under section 138 of the negotiable instruments act against mr. ..... we further make it clear that any observation made by us will not stand in the way of the appropriate court to decide the matter. ..... a company incorporated under indian companies act,having its registered office at 26, shakeshpeare sarani dimple court, kolkata 700017, and and administrative office narbheram building bistupur, p.o. & p.s. ..... a company incorporated under indian companies act, having its registered office at 26, shakeshpeare sarani, dimple court, kolkata 70017 and administrative office narbheram building bistupur, p.o. & p.s. ..... 71 of 2006 that the arbitration order will not stand in the way of taking further steps with respect to the proceedings under section 138 of the n.i. ..... act. ..... act, an application was filed by the petitioners on 24.07.2013 and the said application, after considering the entire facts vide order dated 27.08.2013 was dismissed. .....