Skip to content


Judgment Search Results Home > Cases Phrase: appropriation act 2008 Court: jharkhand Page 1 of about 7,106 results (0.079 seconds)

Jun 13 2008 (HC)

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

Court : Jharkhand

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

..... 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 has ..... (h) for issuance of an appropriate writ for a further declaration that the jharkhand value added tax (amendment) act, 2008 cannot be implemented or enforced in the absence of any notification issued under sub-section (7) of section 11 of the jharkhand value added tax (amendment) act. ..... (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. .....

Tag this Judgment!

Nov 20 2014 (HC)

National Domestic Workers Welf Vs. State of Jharkhand and Ors

Court : Jharkhand

..... (pil) no.2810 of 2012 (a) for issuance of an appropriate writ(s)/ order(s)/ direction(s) directing and commanding upon the respondents authority for the strict implementation and enforcement of the unorganised workers social security act, 2008 in the state of jharkhand. ..... (b) for issuance of an appropriate writ(s)/ order(s)/ 4 direction(s) directing and commanding upon the respondents authority to frame the mandatory rules under the unorganised workers' social security act, 2008. ..... we have heard the counsel for both sides and now we are satisfied that very effectively the labour, employment and training department is executing the schemes floated under the act, 2008 and, therefore, we delete paragraph 9 from our order dated 29th april, 2014 passed in w.p. ..... of the workers are beyond the purview of these labour laws and, therefore, the unorganised workers social security act, 2008 has been enacted by the parliament which covers most of the left-out workers. ..... mind the earlier directions and orders passed by this court in both these public interest litigations, we see no reason to further monitor these public interest litigations for effective implementation of the schemes floated under the act, 2008 and hence, these public interest litigations are hereby disposed of. ..... of 2012.9) we, therefore, direct; (a) the state and especially the officers of four departments and the life insurance corporation to implement the schemes envisaged under the act, 2008 especially under section 3 thereof. .....

Tag this Judgment!

Nov 20 2014 (HC)

All India Progressive Women Association Jharkhand Chapter Through Its ...

Court : Jharkhand

..... (pil) no.2810 of 2012 (a) for issuance of an appropriate writ(s)/ order(s)/ direction(s) directing and commanding upon the respondents authority for the strict implementation and enforcement of the unorganised workers social security act, 2008 in the state of jharkhand. ..... (b) for issuance of an appropriate writ(s)/ order(s)/ 4 direction(s) directing and commanding upon the respondents authority to frame the mandatory rules under the unorganised workers' social security act, 2008. ..... we have heard the counsel for both sides and now we are satisfied that very effectively the labour, employment and training department is executing the schemes floated under the act, 2008 and, therefore, we delete paragraph 9 from our order dated 29th april, 2014 passed in w.p. ..... of the workers are beyond the purview of these labour laws and, therefore, the unorganised workers social security act, 2008 has been enacted by the parliament which covers most of the left-out workers. ..... mind the earlier directions and orders passed by this court in both these public interest litigations, we see no reason to further monitor these public interest litigations for effective implementation of the schemes floated under the act, 2008 and hence, these public interest litigations are hereby disposed of. ..... of 2012.9) we, therefore, direct; (a) the state and especially the officers of four departments and the life insurance corporation to implement the schemes envisaged under the act, 2008 especially under section 3 thereof. .....

Tag this Judgment!

Apr 08 2009 (HC)

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

Court : Jharkhand

Reported in : 2009(57)BLJR2763

..... (vi) for issuance of an appropriate writ or writ in the nature of certiorari for quashing the notice of demand dated 31.12.2008 (annexure-4/1) raised pursuant to the aforesaid assessment order, to the extent it relates to disallowance of the claim of the petitioner for purchase of raw materials at concessional rate and levy of tax on the petitioner under section 13(3) of the bihar finance act being differential rate of tax of additional 8% over the enhanced ..... (iii) for issuance of an appropriate writ for a declaration that the petitioner is entitled to the benefit of purchase of goods at a special/concessional rate of tax under section 13(1)(b) of the act as the form ix, being the prescribed declaration form under section 13(2)(i) read with rule 13, do not provide for any declaration to the effect that the goods purchased at concessional rate of tax must be sold ..... (vi) for issuance of an appropriate writ or writ in the nature of certiorari for quashing the notice of demand dated 19.08.2008 (annexure-5/1) raised pursuant to the aforesaid assessment order is illegal, invalid and ..... (iii) for issuance of an appropriate writ for a declaration that the petitioner is entitled to the benefit of purchase of goods at a special/concessional rate of tax under section 13(1)(b) of the act as the form ix being the prescribed declaration form under section 13(2)(i) read with rule 13, do not provide for any declaration to the effect that the goods purchased at concessional rate of tax must be sold .....

Tag this Judgment!

Aug 09 2017 (HC)

Narendra Kumar Verma Vs. Water Resources Department

Court : Jharkhand

..... upon receipt of such representation, the chief engineer, minor irrigation department vide his letter dated 20.10.2008 forwarded the representation of the petitioner to the under secretary, water resources department for appropriate action in the matter absorption of the petitioner in the post of junior engineer. ..... the petitioner also approached the authorities by filing a representation dated 23.06.2008, stating the entire facts regarding possessing of the qualification, as possessed by the similarly situated persons and for consideration of his case for the post of junior engineer but no orders were passed for considering his ..... it is the case of the petitioner that in the year 2008, nine employees, who were posted in various regional offices of the building construction department, jharkhand, enhanced their educational qualification to diploma in civil engineering and hence, promoted to the post of junior engineers. ..... accordingly, in view of section 85 of the act shall be applicable in the state of jharkhand unless repealed or superseded. ..... as per section 2 (g) of bihar reorganisation act, definition of law includes enactment, ordinance, regulation, order by law, rule scheme, notification or instrument having force of law. ..... thereafter, the petitioner sought information under right to information act. .....

Tag this Judgment!

May 15 2008 (HC)

Madhu Sudan Mittal Vs. Jharkhand State Electricity Board and ors.

Court : Jharkhand

Reported in : [2008(3)JCR60(Jhr)]

..... , the board, along with a copy of this order and copies of the letters sent by it to the state government, can approach the government and in that event, the government will consider the same and pass appropriate orders for constitution of the special courts for the concerned electrical supply areas as early as possible.with the observations and direction, i.a. no. ..... letters dated 13.3.2006, 30.3.2006 and 25.8.2006 written by the secretary of the board, letter dated 30.3.2007 written by the chief engineer of the board, letter dated 10.5.2007 written by the secretary of the board, letter dated 18.2.2008 written by the chairman of the board, and lastly through letter dated 10.4.2008 written by the secretary of the broad of the state government for constitution of the special courts under the provisions of section 153 of the ..... so under those circumstances, it is appropriate to direct the state government to consider those letters sent by the board, fact accordingly in consonance with the object of the act and constitute the special courts for the concerned electrical supply areas as early as possible so that the loss of electricity on account of theft can be prevented in future.7. ..... 1525/2008), requesting for issuance of direction to the government for constitution of special courts as required under the provisions of section 153 of the electricity act. ..... 1525/2008 is disposed of.let copies of this order be given to the/counsel appearing for the parties. .....

Tag this Judgment!

Jul 22 2008 (HC)

Sadanand Chatterjee Vs. Union of India (Uoi) and ors.

Court : Jharkhand

Reported in : [2008(4)JCR110(Jhr)]

..... however, this order will not stand in the way of the respondents if they want to initiate a fresh proceeding against the petitioner under the public premises act, and taking appropriate action in accordance with law, if any notice is issued to the petitioner, he will accept the same and will cooperate in early disposal of the proceedings, failing which, ex parte order may be passed against him.7. ..... sunil kumar sinha, appearing for the petitioner, submitted that petitioner has challenged the notice dated 10.6.2008 (annexure 2) issued to the petitioner for removing alleged encroachment from the railway land to the extent of 37' x 77'. ..... land was allotted to kendriya vidyalaya and when the boundary of the school was going to be constructed, it was found that the petitioner has not obeyed/vacated the said land and, therefore, a notice dated 10.6.2008 was issued, as petitioner was bound by the order passed against his father. ..... ft, whereas by the notice dated 10.6.2008 the petitioner was directed to vacate 37 ft x 77ft which comes to about 2849 sq. ft.4. ..... in the circumstances, the impugned notice dated 10.6.2008 is quashed. ..... moreover it appears that the said order relates to 1500 sq.ft as described in the order, whereas the notice dated 10.6.2008 relates to 37 ft. ..... however, there is no explanation by the respondents as to why they did not get the lands vacated as per the said order dated 17.7.1989, within twelve years, in view of article 136 of the limitation act. .....

Tag this Judgment!

Dec 15 2017 (HC)

Vikas Vidyalaya and Anr Vs. State of Jharkhand and Ors

Court : Jharkhand

..... supreme court in the case of arnold rodricks (supra) and chameli singh (supra) has held that the opinion of urgency formed by the appropriate government to take immediate possession is a subjective conclusion based on the material before it and it is entitled to great weight unless it is ..... in the case of chameli singh (supra), the hon ble supreme court has held that the opinion of urgency formed by the appropriate government to take immediate possession is a subjective conclusion based on the material before it which is entitled to great weight unless ..... ram batra (supra), the hon ble supreme court has held that since none of the raiyats raised any objection with regard to invoking of the urgency provision, particularly, section 17 of the act, 1894 and there has been no construction raised over the land sought to be acquired by the government, the challenge put by the petitioners with regard to invoking of the urgency provision, ..... (supra), the hon ble apex court even after finding that the state government failed to justify dispensation of an enquiry under section 5-a by invoking section 17(4) of the act, 1894, refrained from declaring the acquisition proceeding to be invalid and illegal, particularly, considering the fact that out of 400 land owners, more than 370 had already ..... as an extraordinary power has been conferred upon the appropriate government in terms whereof the normal procedure laid down under section 5a of the act could be dispensed with, the high court, in ..... 2008 .....

Tag this Judgment!

Dec 15 2017 (HC)

Vikas Vidyalaya and Anr Vs. State of Jharkhand and Ors

Court : Jharkhand

..... supreme court in the case of arnold rodricks (supra) and chameli singh (supra) has held that the opinion of urgency formed by the appropriate government to take immediate possession is a subjective conclusion based on the material before it and it is entitled to great weight unless it is ..... in the case of chameli singh (supra), the hon ble supreme court has held that the opinion of urgency formed by the appropriate government to take immediate possession is a subjective conclusion based on the material before it which is entitled to great weight unless ..... ram batra (supra), the hon ble supreme court has held that since none of the raiyats raised any objection with regard to invoking of the urgency provision, particularly, section 17 of the act, 1894 and there has been no construction raised over the land sought to be acquired by the government, the challenge put by the petitioners with regard to invoking of the urgency provision, ..... (supra), the hon ble apex court even after finding that the state government failed to justify dispensation of an enquiry under section 5-a by invoking section 17(4) of the act, 1894, refrained from declaring the acquisition proceeding to be invalid and illegal, particularly, considering the fact that out of 400 land owners, more than 370 had already ..... as an extraordinary power has been conferred upon the appropriate government in terms whereof the normal procedure laid down under section 5a of the act could be dispensed with, the high court, in ..... 2008 .....

Tag this Judgment!

Apr 03 2012 (HC)

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

Court : Jharkhand

Reported in : 2012AIR(Jhar)83

..... /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 under ..... the state government enacted the law in wilderness in hope that the state may collect the tax and thereafter it may appropriate the tax for the benefit and services of the tax payers and that too,without there being any data base or project report and then if it fails to justify the imposition of ..... , 2011 specifying creation of jharkhand trade development fund for a period of five years and further specifying the manner, conditions and procedures by which proceeds of the fund to be appropriated for the purpose of development of trade, infrastructure, commerce and industry of the local areas of the state of jharkhand. ..... 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 .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organize Client Files //