Judgment Search Results Home > Cases Phrase: central excise tariff amendment act 2004 chapter lxxviii lead and articles thereof Court: jharkhand Page 1 of about 14 results (0.099 seconds)

Stan Commodities Pvt. Ltd. Through Its Managing Director, Pawan Kumar ...

Court : Jharkhand

Reported in : AIR2009Jhar14; 2008(56)BLJR2914; [2008(4)JCR162(Jhr)]

..... 19 of the recovery of debts due to banks & financial institutions act, 1993 reads as follows:provided that the bank or financial institution may, with the permission of the debts recovery tribunal, on an application made by it, withdraw the application, whether made before or after the enforcement of security interest and recovery of debts laws (amendment) act, 2004 for the purpose of taking action under the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002 (54 of 2002), if no such action had been ..... sub-section (2) of section 13 provides that where any borrower, who is under a liability to a secured creditor under a security agreement, makes any default in repayment of secured debt or any instalment thereof, and his account in respect of such debt is classified by the secured creditor as non-performing asset, then, the secured creditor may require the borrower by notice in writing to discharge in full his liabilities to the secured creditor within ..... the respondent being a public sector bank are expected to follow the just, fair / prescribed procedure to meet the requirement of law and article 14 of the constitution of india.30. ..... it also mentioned that on failure of the same, the bank shall take measures under the provisions of chapter-iii of the said act, 2002 for recovery of the secured dues and in that case, the said persons shall be jointly and severally liable for payment of all costs and other expenses arising there from.6. .....

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)

..... governor of jharkhand, the bihar finance act, 1981, the central sales tax (bihar) act, 1956 and all notifications made thereunder and other various acts, rules and regulations having been enforced and applied in the state of jharkhand after its creation, the present state of jharkhand is bound by all such statutory provisions and notifications, issued during the period prior ..... appellant as also the exemption certificates granted consequently.pursuant to the aforesaid direction of the apex court and restoration of the exemption certificate, the exemption certificate of the petitioner was revived vide letter dated 13th september, 2004, whereunder, petitioner was allowed exemption from payment of sale tax with effect from 1st august, ..... reproduced hereunder:(iii) 'definitions' chapter in industrial policy, 1995-para 7-expansion/ modernisation/diversificationthe policy reads as follows: 'expansion/ modernization/ diversification of an existing industrial unit would mean additional fixed capital investment in plant and machinery of 50% or more of the undepreciated value of fixed capital investment in the existing unit leading to incremental production capacity which would ..... jammu and kashmir producing edible oil was unconstitutional, particularly being contrary to articles 301 and 304 thereof and was ..... and a number of officials of the state government and a resolution was adopted for amendment of the industrial policy and on the basis of the resolution the industrial policy and .....

Dhananjay Mahto and ors. Vs. Union of India (Uoi) and ors.

Court : Jharkhand

Reported in : [2005(4)JCR1(Jhr)]

..... keeping in view such statement of objects and reasons, a new part ix relating to panchayats was inserted in the constitution by the constitution (seventy-third amendment) act, 1982, comprised of article 243 to article 243-o. ..... after the constitution (seventy-third amendment) act, 1992, by which part ix comprised of articles 243 to 243-o was inserted, similar issue again fell for consideration before a division bench of patna high court in the case of krishna kumar mishra v. ..... the governor, by notification, may also direct that any particular act by parliament or any legislature of the state shall not apply to a scheduled area or any part thereof in the state or shall apply to a scheduled area or any part thereof in the state, subject to such exceptions and modifications, as he may specify in the notification.25. ..... a committee of member of parliament and experts, commonly known as 'bhuria committee' was constituted by the central government to make recommendation of the salient features of the law to extend the provisions of part ix of the constitution to the fifth scheduled areas. ..... 741 of 2004 was preferred, wherein, this court, taking into consideration the facts and circumstances, by order dated 8th august, 2005 allowed the state government to complete the panchayat elections in the state of jharkhand and to announce the results of such election by 31st october, 2005. ..... chapter ii of the said act deals with 'gram sabha', including gram sabha in the scheduled areas. .....

Adhunik Alloys and Power Ltd. and ors. Vs. Union of India (Uoi) and or ...

Court : Jharkhand

Reported in : 2007(2)BLJR1185; [2007(2)JCR357(Jhr)]

..... amendment act 37 of the 1987, section 17a was inserted, whereby it was provided that the state government, before reserving any area for mining operation through a government company or corporation, will have to take approval of the central ..... court was considering the notification dated 12.3.1981 issued under the cantonment article 188 levying of octroi duties in cantonment of pune at rates 'for the time being' and in respect of several articles dutiable in municipality of pune and also subsequent notification dated 17.6.1918 issued under the cantonment act, 1910 and has elaborately considered the doctrine of desuetude. ..... section 10 of the act and chapters ii, iii and iv of the rules, deal with the grant of prospecting licences and mining leases in the land in which the minerals ..... and other counsel appearing for the appellants that the mous and ppas are concluded contracts and, therefore, it was not open to mpeb to unilaterally change the conditions of those contracts and to invite fresh bids on the basis of the new least tariff ..... thereof the parties hereto have set their hands to this mou on this day 26th february, 2004 ..... started paying huge amount as excise duty to the state as ..... a will petition was filed for issuance of a writ restraining the government from permitting establishment of any kattha unit in the state on the ground that such establishment would lead to indiscriminate felling of khair trees which would have deep and adverse effect upon environment and ecology of the state. .....

Central Coalfields Ltd. Vs. T.M.S. Engineering and Construction Compan ...

Court : Jharkhand

Reported in : [2004(4)JCR437(Jhr)]

..... 4/d claiming the same to have vested in the central government and a claim has been made by the plaintiff-respondent not in respect thereof but in respect of his other claims before the commissioner of payments which was partly allowed and since was no forum of appeal and thus no appeal was preferred against rejection of the claim of the plaintiffs appellant because sub section 7 has been inserted by amendment under section 23 of the nationalization act, 1973 on 27.05.1978. ..... the remedy of the plaintiffs appellant was before the commissioner of payments in respect of his claim, if any, as per the provisions contained in chapter vi of the coal mines (nationalization) act, 1973 and the plaintiff appellant has admittedly moved before the commissioner of payments in respect of its claims and its claim was also partly entertained and it was paid by the order of the commissioner of payments out of the compensation amount of the colliery in question as per schedule of the nationalization ..... for the work of the removal of the overburden and the plaintiff-respondent filed a quotation for that work and the terms of the contract were settled between them and the contract was executed between them on 17.09.1971 and the plaintiff-respondent brought machineries, equipments and other articles and goodsn the said colliery for execution of the contractual work and started doing the contractual work from 01.10.1971 and also made construction of a premises for housing his .....

Shrenik Bhai Kasturbhai and ors. Vs. Ganpat Rai JaIn and ors.,

Court : Jharkhand

Reported in : 2004(2)BLJR1611; [2004(4)JCR1(Jhr)]

..... bihar land reforms act and the subsequent amendments have all been included in the ninth schedule to the constitution precluding any challenge based on alleged violation of rights under articles 14 and 19 of the ..... that the chief justice of the patna high court of the undivided state of bihar, had only passed an order in terms of rule 11 of chapter ii of the patna high court rules, that the matter must be heard by a full bench, no doubt, fixing the quorum for the full bench ..... the power of attorney on behalf of the plaintiffs and who was in charge of the preparation of the pleadings and who took part in the negotiations leading to the agreement relied on by anandji kalyanji trust, has clearly admitted in paragraphs 31 and 64 of his evidence that the gazette notification was published; that he had seen the gazette notification dated 2.5.1963 in june, 1953, and that he was aware of the attempt made by ..... an estate scheduled to that notification and the proprietor thereof was shown as nagar seth kastur bhai mani bhai in his individual capacity, as representative of the whole swetambar murti pujak jain community of india and as the president of the firm ..... 'we have already indicated above and in our order dated 7.7.2004, how the appeals came to this court and before the full bench of three judges, as ..... act, 1980 has also intervened, no construction can be put up in the parasnath hill forest, without the prior consent of the central government as envisaged by section 2 of the conservation act .....

Bharat Coking Coal Ltd. and ors. Vs. Ram Prakash Singh and ors.,

Court : Jharkhand

Reported in : [2005(1)JCR529(Jhr)]

..... in other words, the aforementioned provision which has recently been inserted by the constitution (86th amendment) act, 2002 is dependent upon the state's governmental functions and casts a mandate upon them to regulate theimparting of compulsory education free of cost and such regulation is to be done on the basis of legislation to be made by it. ..... itconcerns itself only within the peripheries carved out by its own memorandum and articles of association and deals exclusively in giving effect to its own objects so carved out therein. ..... be a notice to the company; nor can a suit maintainable by and in the name of the company be sustained by or in the name of the president and the said officers.it is true that besides the central government having contributed the entire share capital, extensive powers are conferred on it, including the power to give directions as to how the company should function, the power to appoint director and even the power to determine the wages and salaries payable by the company to its employees. ..... , the chapter relating to the fundamental rights) of the constitution of india. ..... , the petitioners of the writ applications) and other teachers of the concerned schools with effect from the date of the judgment together with all consequential benefits such as provident fund etc, a further direction was made to the effect that the appellants herein must implement the said judgment within two months from the date of production thereof. .....

Surendra Jha Vs. the State of Jharkhand and ors.

Court : Jharkhand

Reported in : [2006(4)JCR330(Jhr)]

..... court while considering the implications of seven judges judgment in pradip kr, biswas's case dismissed the writ petition against the board of cricket control in india filed under article 32 of the constitution of india by a majority view, however, certain observations were mode in para 31 and 33, heavily relied upon by the petitioner, which reads:be that as it may, it cannot be denied that the board does discharge some duties like ..... or policy-decision by the respondent-management regarding the age of superannuation, we accept the contention of the petitioner that prior to the coming into force of the act and the rules the management was following the delhi education code which provided 60 years as the age of superannuation for the school teachers ..... . the council has laid down the minimum qualifications for the teaching staff (see chapter 11); if, however, the state department of education has prescribed other minimum qualifications the council will take ..... body, has given the permission to make suitable amendment to our by-laws as the present by-laws are not comprehensive enough-though they arc all quite 'reasonable'- the governing body will elaborate them on the basis of the albicsa by-laws, which are recognized by government and in use in very many minority schools.secretary, ..... in : (2004)illj1038sc , hon'ble supreme court came across a dispute relating to increase in the age of retirement of employees of the public sector corporations at par with the central government employees .....

Uday Shankar Ojha and ors. Vs. Jharkhand State Election Commission and ...

Court : Jharkhand

Reported in : [2008(2)JCR249(Jhr)]

..... that case, the writ petitioner challenged the provision of jharkhand municipal (amendment) act, 2006, and ranchi municipal corporation (amendment) act, 2006 and jharkhand municipal act, 2000 on the ground that the same cannot be extended by the state to the ranchi district including scheduled area as the parliament alone can extend the provisions of part ix-a of the constitution of india to the scheduled areas through legislation as contemplated under article 243zc of the constitution of india. ..... now the lsg ministry, both at the state level and at the central level, and the bureaucrate in the ministry wield much more power than the actual elected ..... article 243zc although provides that chapter ix-a shall not apply to the scheduled areas, but if we read article 243zc along with article 243zf, it would be clear that it will not affect the existing law relating to state municipalities, which were in existence prior to the commencement of 74th amendment of the ..... in sl urban area or part thereof as the governor may, having regard to the size of the area and the municipal services being provided or proposed to be provided by an industrial establishment in that area and such other factors as he may deem fit, by public notification, specify to be an industrial ..... in absence of the municipalities and municipal corporations in the aforesaid districts, there would be complete failure of health and sanitation facilities leading to complete deterrence to the people at large of the said .....

Kriti Kumari and Ors Vs. Personnel and Adminis Reform

Court : Jharkhand

..... ], the supreme court has held thus; "in an appropriate case the court can examine whether the policy decision or the administrative order dealing with the matter is based on a fair, rational and reasonable ground; whether the decision has been taken on consideration of relevant aspects of the matter; whether exercise of the power is obtained with mala fide intention; whether the decision serves the purpose ..... education has framed regulations in exercise of powers conferred under clause d (i) of sub section 2 of section 32 read with section 12 (d) of ncte act, 1993 laying down minimum qualifications for appointment of teachers in schools, which are called ncte (determination of minimum qualifications for recruitment of teachers in schools) ..... an equal opportunity, by providing a qualification of combination of subjects at graduation level in contra distinction to the qualification of graduation in the subject for others, those applicants have been discriminated from others and their fundamental rights enshrined in articles 14 and 16 of the constitution of india have been violated.18. ..... belonging to scheduled caste and scheduled tribe, bachelor s degree with minimum 40% marks in arts, science or commerce from an institute recognized by the state government or the central government and degree in the physical ..... 2004 rules 15 were amended vide notification dated 14.06.2008, whereunder requirement of 50% ..... 8th edition, chapter v at page ..... a qualification combination leads to arbitrary results. .....