Court : Jharkhand
Reported in : 2008(57)BLJR117; [2008(4)JCR260(Jhr)]
..... castes and scheduled tribes. it is also admitted fact on record that part-iii of the schedule of constitution of india and the scheduled castes and scheduled tribes orders (amendment act), 1976, english version shows in the list only 'lohra'/'lohara' and not 'lohar'. however the petitioner's counsel stressed that in such circumstances the authorized hindi ..... hon'ble apex court. it is further submitted that nitya nand sharma's case has been further relied upon in 2007 air scw 770 and 2008 (1) jljr 133. my attention was drawn towards the state re-origination act 2000 by which the state of jharkhand was separated from the state of bihar. in this re-orgination ..... tribes or tribal communities as are deemed under article 342 to be scheduled tribes for the purposes of this constitution. thereafter, the scheduled castes and scheduled tribes orders (amendment) act, 1976 came to be made adding to or deleting from the lists certain castes. in entry 22 of the entries in relation to the state of bihar, .....
Tag this Judgment!Court : Jharkhand
Reported in : 2008(57)BLJR129; 2009CriLJ57
..... the quashing application on its merit.6. before the learned single judge it was argued on behalf of the petitioners that section 4 of the dowry prohibition act as amended by bihar amendment act iv of 1976, lays down that prior sanction is necessarily required to be taken before taking cognizance of the offence under section 4 of the dowry ..... 2006 has been cited wherein it has been held that the cognizance taken in absence of sanction under section 4 of the dowry prohibition act would be bad in law in view of the bihar amendment act iv of 1976, whereby obtaining of prior sanction is a condition precedent for taking cognizance for the offence under section 4 of the ..... the state law under article 254(1)1. that being so, when parliament stepped in and enacted the central amendment act, it being a later law made by parliament 'with respect to the same matter', the west bengal amendment act stood impliedly repealed.19. in the light of the decisions of the supreme court, it has to be considered .....
Tag this Judgment!Court : Jharkhand
Reported in : 2008(56)BLJR2447; [2008(4)JCR62(Jhr)]
..... , in consonance with the need and aspiration of the local populace and entrepreneurs, the changes taking place in the global and national economic scenario and the competition at the national and international level has found it expedient to formulate an industrial policy for attracting investment including forcing investment in identified thrust areas with a ..... tender on turn-key basis. it has been stated that the supreme court in rajasthan housing board and ors. v. g.s. investment and ors. : (2007)1scc477 while examining the scope of judicial review in contractual matter under article 226 of the constitution of india, has held that the power of judicial review under ..... subordinate executive action.33. i also respectfully endorse the same view. the policy decision is not only a guideline for the government meant to be followed and acted upon, but the same is also a promise to the players, parties and beneficiaries related to such policy decision who plan their venture, shape their future, .....
Tag this Judgment!Court : Jharkhand
Reported in : AIR2009Jhar14; 2008(56)BLJR2914; [2008(4)JCR162(Jhr)]
..... 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 ..... 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 ..... the respondents-bank without complying with the provisions of section 13(3-a) of the said act, 2002, as amended in the year 2004, and read with the first proviso to section 19 of the said act, 1993, issued the impugned notice dated 21.2.2007 (annexure-14). it has been contended by learned counsel for the petitioner that the impugned notice .....
Tag this Judgment!Court : Jharkhand
Reported in : [2008(3)JCR693(Jhr)]
..... recruitment on the basis of recommendation of the jharkhand public service commission. a merit list, thereafter, would be prepared on the basis of the written competitive examination.23. it has been contended by the respondents that the writ petitioners, who have no requisite qualification, according to the new rule, are not ..... , learned counsel submitted that the delay in preparing the panel resulted in deprivation of consideration of the petitioners' promotion to the posts of headmaster. any amendment in the rules for promotion cannot be made applicable in the process, which was earlier initiated and about to be finalised. the petitioners were eligible under ..... teachers and have possessed master degree with teachers' training diploma. they were given selection grade as also the super selection grade and either they are acting headmasters or senior most teachers in their respective schools.3. for the purpose of dealing with the service conditions, including the preparation of seniority list .....
Tag this Judgment!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 .....
Tag this Judgment!Court : Jharkhand
Reported in : 2008(56)BLJR2126; [2008(3)JCR698(Jhr)]; (2009)24VST233(Jharkh)
..... came for consideration before a bench of this court in the case of voltas limited v. state of jharkhand (2007) 5 vst-492. in that case also, vires of rules 13a of the sales tax rules 1983 as amended in 2000 was challenged. the division bench of this court following the decision rendered in larsen & toubro case (supra ..... , 1999-2000, the petitioner also challenged the vires of rule 13a of the bihar sales tax rules, 1983 as amended by notification dated 01.2.2000 and also section 21(1)(a)(1) of the bihar finance act, 1981 on the ground, inter alia, that such provisions are unworkable and ultra vires in view of the law ..... execution of work contracts by its construction division, the petitioner got itself registered under the jamshedpur urban circle, jamshedpur both under the central sales tax and the bihar finance act. the petitioner among various contract execution for different awardees, secured an order from m/s. nisso awai corporation, a japanese company. the petitioner is a sub-contractor .....
Tag this Judgment!Court : Jharkhand
Reported in : [2008(3)JCR55(Jhr)]
..... working as registrar of the university.4. the state government vide notification no. 115 dated 30.7.2005 issued by the respondent no. 2, introduced an amendment in rule 13.3(2) in the birsa agriculture university statute to the effect that each university employee of the birsa agriculture university, ranchi shall retire on ..... government' the ugc reference in this regard is made to the judgment of the supreme court in the case of b. bharat kumar v. osmania university. 2007 air scw 3278.8. the whole controversy in the present case revolves around the question as to whether the petitioner shall be deemed to be a teacher within ..... learned counsel for the petitioner, has advanced the following grounds in support of the contention of the petitioner.(a) birsa agriculture university has adopted the bihar agriculture universities act, 1987. section 2(xxviii) defines 'teacher' and provides that 'teacher' means a person appointed or recognized by a university for the purpose of imparting instruction or .....
Tag this Judgment!Court : Jharkhand
Reported in : [2008(3)JCR439(Jhr)]
..... where it was held that reservation in appointments of post is confined to initial appointment and cannot be extended in the matter of promotion. the constitution 81st amendment act, 2000 introduced clause 4(b) in article 16 of the constitution providing for treating the unfilled vacancies of a particular year reserved for promotion. as a ..... supra) held that 50% rule should be applied to each year otherwise it may happen that if entire cadre strength is taken as a unit, the open competition channel gets chocked for some years and meanwhile the general category candidates may become age barred and ineligible. the equality of opportunity under article 16(1) is ..... has prayed for quashing the memo no. 2377 dated 13.6.2007 whereby following the said provision of section 4(6) of the act, the respondents have purportedly published the provisional seniority list of the executive engineers by giving the benefit of 85th amendment of the constitution of india which provides for carrying forward of the .....
Tag this Judgment!Court : Jharkhand
Reported in : 2008(56)BLJR2175
..... before publication of the result by the jpsc are also eligible to apply. the said amendment in the rule clearly supports the provision for application even by those candidates, who completed teachers' training course before the date of submission of the ..... the petitioners' appointments after their due selection on the ground of the provisions of jharkhand primary teachers' appointment rules, 2002, which was also subsequently amended, providing that the candidates who are to appear in the teachers' training examination and result of their teachers' training examination is expected to be published ..... the teachers' training examination came in force by notification dated 14th august, 2007. the same is applicable with prospective effect and is not applicable in the petitioners' case, who submitted their application forms much prior to the said amendment.(vii) rules and terms and conditions cannot be changed after the selection .....
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