Court : Jharkhand
Reported in : 2007(2)BLJR1968; [2007(3)JCR403(Jhr)]
..... petitioner, who was a practising lawyer, sent his application. he was called for writing examination. accordingly, he wrote the written examination. on 19.8.2001, he was informed that he secured minimum qualification marks in the examination and was called for interview. accordingly, he attended the interview on 6.10.2001. the petitioner was finally selected on 17.10.2001. his .....
Tag this Judgment!Court : Jharkhand
Reported in : 2007(2)BLJR1956; 2007CriLJ3563
..... sadhana @ pinki aged about 22 years was married to the appellant anil singh of village maktama in the year 1991. appellant anil singh was a constable in the border security force and after some time of the marriage he started putting pressure upon sadhana @ pinki to bring a motorcycle as well as colour t.v. as the dowry. ..... but the ingredients required for the offence under section 304b as against the appellants is proved in view of the presumption under section 113b of the indian evidence act.36. therefore, the judgment of conviction and order of sentence passed against the appellants are well discussed by the learned 3rd additional sessions judge, hazaribagh in ..... in secrecy, independent and direct evidence is not easy to get. that is why the legislature has by introducing section 113a and 113b in the evidence act tried to strengthen the prosecution hands by permitting a presumption to be raised if certain foundational facts are established and the unfortunate event has taken place within .....
Tag this Judgment!Court : Jharkhand
Reported in : 2007(2)BLJR2738; [2007(4)JCR116(Jhr)]
..... such coal mines so as to ensure rational coordinated and scientific development and utilization of coal resources consistent with the growing requirement of the country. the act came into force with effect from 30th may, 1973. section 3 deals with acquisition of rights of owners of the coal mines. sub- section (1) provides that ..... where plaintiff's possession over the colliery was confirmed. plaintiff-appellant's further case is that after coal mines (taking over of the management:) act, 1973 came into force, the management of his colliery, namely, sri durga boka pahari colliery was not taken over by the coal mines authorities but in spite of ..... enacted for taking over the management of the coal mines in the public interest pending nationalization of such mines. the act came into force with effect from 31th march, 1973. immediately thereafter coal mines nationalization act, 1973 was enacted which provides, inter alia for acquisition and transfer of right, title and interest of the owners .....
Tag this Judgment!Court : Jharkhand
Reported in : AIR2007Jhar97; III(2008)BC292; 2007(2)BLJR2889; [2007(4)JCR41(Jhr)]
..... never required to stand guarantors personally for the loan advanced to defendant no. 1 or to create any equitable mortgage of immovable properties by way of additional security. denying the plaintiff's claim, the defendants have pleaded that even otherwise, the alleged correspondence between the plaintiff bank and defendants, delivery letter of deposit of ..... letters of guarantee was executed by defendants 4 and 5 on 29.3.1974 by which they stood guarantors for repayment of the loan and by way of security, both of them had executed equitable mortgage in respect of their properties appertaining to their house situated within giridih municipality. further case of the plaintiff is ..... account of the defendants and have also denied to have executed any deed of hypothecation of goods or property as security for repayment of the loan amount. they have also challenged the plaintiff's act of clubbing the term loan account and the cash credit account and the interest calculated at a higher rate on .....
Tag this Judgment!Court : Jharkhand
Reported in : (2008)217CTR(Jharkhand)233; [2008]298ITR109(Jharkhand); [2008(4)JCR709(Jhr)]
..... the assessment was accordingly made treating the amount unexplained investment. consequently, penalty proceedings were initiated against the assessee under section 271(1)(c) of the act. the assessing officer found the assessee's explanation unacceptable and imposed penalty. the appeal filed by the assessee was refused. the assessee then preferred appeal ..... on the basis of omission or wrong statement which had crept into the original return being inadvertent and unintentional, whereas section 271(1)(c) of the act proceeds on the basis of concealment being deliberate and the furnishing of inaccurate particulars being willful and intentional.18. mr. poddar, learned counsel appearing for ..... opportunity of hearing. the authority came to the conclusion that furnishing of return showing additional income of rs. 2.5 lakhs was not a voluntary act on the part of the assessee. in fact, since investigation was started after the search and some incriminating papers and documents were seized, the assessee .....
Tag this Judgment!Court : Jharkhand
Reported in : [2008(2)JCR174(Jhr)]
..... system in which payment of valuable consideration is made by instalments, shall, notwithstanding the fact that the seller retains that title in the goods as a security for the payment of the valuable consideration or for any other reasons, be deemed to be a sale or purchase.explanation-ii- notwithstanding anything contained in ..... any law for the time being in force, two independent purchases or sales shall, for the purpose of this part, be deemed to have taken place-(a) when the goods are transferred from principal ..... assistant commissioner, commercial taxes, urban circle, jamshedpur passed an order for assessment of the sales tax against the petitioner under section 17 (5) of the bihar finance act, 1981 for the last four financial years. (vi) to quash the demand notices dated 20th march 2006, contained in annexure-14 series, issued by the assistant commissioner .....
Tag this Judgment!Court : Jharkhand
Reported in : (2008)219CTR(Jharkhand)373; [2008]298ITR413(Jharkhand); [2008(1)JCR28(Jhr)]
..... the addition under the head 'income from house property' by estimating the higher rent. this is how, reference has been made under section 256(2) of the act to this court for answering the questions quoted hereinabove.5. mr. binod poddar, learned senior counsel appearing for the assessee, firstly submitted that the tenanted premises in occupation ..... enhancement was subject to agreement with the tenant and in absence of fair rent fixed under the provisions of bihar building (lease, rent and eviction) control act, 1947, the rent has to be co-related with the municipal valuation and tax thereon. learned counsel further submitted that the provisions of section 23(1)(b ..... therefore, in either case, according to the definition of 'annual value' given in both statutes, the standard rent determinable under the provisions of the rent act and not the actual rent received by the landlord from the tenant would constitute the correct measure of the annual value of the building. the court pointed out .....
Tag this Judgment!Court : Jharkhand
Reported in : [2008(2)JCR399(Jhr)]
..... not implemented.(vii) a report was filed before the hon'ble supreme court with recommendations, which, inter alia, recommends for:a. provision for state security commission at state level;b. transparent procedure for appointment of the police chief and the desirability of giving him minimum fixed tenure;c. separation of investigation ..... ), giving guidelines/directions to the central government, state government and union territories for the purpose of reforms of the administration and working of the police force till framing of appropriate legislation.(x) the petitioner, who is a senior most i.p.s. office of 1972 batch, was appointed as director ..... as an additional or alternative forum without affecting the constitutional jurisdiction of the high court. therefore, the contention that the machinery under the administrative tribunals act to decide the disputes or complaints specified therein cannot function within the state of j & k. does not deserve further consideration. however, it is .....
Tag this Judgment!Court : Jharkhand
Reported in : [2008(2)JCR353(Jhr)]
..... . after having considered the above aspects, the appellate authority, in exercise of his discretion, can grant any one of the following reliefs : (1) absolute stay on security of bank guarantee; (2) conditional stay on payment of a portion of the tax; (3) permission to pay in installments; and (4) refusing to grant stay ..... authority whose order has been appealed against.(7) any appeal or proceeding relating thereto filed and pending before the deputy commissioner since before the coming into force of this part will be deemed to have been filed and/or transferred to the joint commissioner or before the deputy commissioner specially authorized in this ..... matter of granting interim stay has been dealt with.13. in the instant case, as noticed above, inspite of remedy of statutory appeal provided under the act, the petitioner circumventing the said provisions, filed revision before the commissioner so that petitioner may not have deposited required amount for entertaining appeal. in the matter .....
Tag this Judgment!Court : Jharkhand
Reported in : [2008(2)JCR267(Jhr)]; (2008)18VST289(Jharkh)
..... which was collected by the department from the market as well as from the agricultural marketing board, assam. the sale price depends on the market force and in the absence of any valid piece of evidence like sale receipts of the commodity indicating the price or any other acceptable evidence, the said ..... calcutta high court, placed before us by the respondent have no relevance.our attention has been invited to section 34 of the maharashtra agriculture income tax act, 1962 where when defining the revisional power of the commissioner the legislature has expressly incorporated a provision prohibiting the commissioner from exercising his revisional power ..... 87 prescribes limitation of five years after expiry of which, the commissioner cannot exercise that power.38. similarly, section 33 of the tamil nadu general sales act, 1959 confers power of revision upon the deputy commissioner. section 34 prescribes special power of joint commissioner of commercial taxes. according to this section, the .....
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