Court : Jharkhand
Reported in : [2008(1)JCR154(Jhr)]
..... in june, 1990. the government of west bengal declared the defendant-company as relief undertaking within the meaning of the west bengal relief undertakings (special provision) act, 1972. since it is still continuing to be sick industrial unit, the board of industrial and financial reconstruction (bihar), has sanctioned a rehabilitation scheme to the ..... the defendants as advanced in the plaintiff's suit. therefore, such claim is not maintainable under section 22 of the sick industrial companies (special provision) act, 1985. in addition to the aforesaid pleadings, the defendant-company has denied to have retained the 252 numbers of the argon gas cylinders of the plaintiff ..... gas cylinders belonging to the defendant. the limitation, accordingly, would, therefore commence from the date of last transaction under article 68 of the limitation act.learned counsel for the respondent next refers to exhibit-2 and 2/a and contends that these are the documents by which the defendant had acknowledged .....
Tag this Judgment!Court : Jharkhand
Reported in : [2008(1)JCR159(Jhr)]
..... as respects anything done or to be done after the commencement of the constitution (seventh amendment) act, 1956, shall mean, in a state, the governor, and in a union territory, the central government;and shall, in relation to functions entrusted under article 258a of ..... state, and in a part c state, the central government;(b) as respects anything done after the commencement of the constitution and before the commencement of the constitution (seventh amendment) act, 1956, shall mean, in a part a state, the governor, in a part b state, the rajpramukh, and in a part c state, the central government;(c) ..... . in this writ petition the petitioner has prayed for quashing the notification as contained in memo no. a/note-legal-76/2003-888/j, ranchi dated 16.4.2007 (annexure-5) whereby the petitioner's application for renewal of certificate to practice as a notary, has been rejected by the respondent no. 2 and the petitioner has .....
Tag this Judgment!Court : Jharkhand
Reported in : (2008)217CTR(Jharkhand)233; [2008]298ITR109(Jharkhand); [2008(4)JCR709(Jhr)]
..... could have escaped the liability to penalty under section 271(1)(c). in order to plug the aforesaid loophole, explanation 5 has been inserted by the taxation laws (amendment act), 1984 with effect from 1st october, 1984. the newly inserted explanation 5 enacts deeming provision and have application to a situation where in the course of a search under ..... (2), may file revised return at any time before the assessment was made. this would be upto two years from the end of the relevant assessment year. the amending act 1987 has substituted a new sub-section (5) whereby limit of period for filing revised return has also been reduced to one year from the end of the relevant ..... and no refund or other adjustment shall be claimable by any other partner by reason of such direction.(4a) and (4b) omitted by tla act, 1975, wef 1-10-75.11. prior to taxation laws (amendment act), 1984 in section 271, an assessee, who was found to be the owner of any money, bullion, jewellery, etc. recovered during the .....
Tag this Judgment!Court : Jharkhand
Reported in : AIR2008Jhar19; [2007(3)JCR668(Jhr)]
..... inter alia, provides that the authority may refuse to give information relating to commercial confidence, trade secret or intellectual property, disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information. the question, therefore, that falls ..... the disclosure of information in respect of the document of the bidder shall hamper the healthy competitions of the prospective tenderers and this aspect of the matter has not been considered either by the authority under right to information act or by the learned single judge.12. mr. b. poddar, learned senior counsel for ..... eqbal, j.1. this appeal under clause 10 of the letters patent is directed against the judgment and order dated 9.4.2007 passed in w.p.(c) no. 1662 of 2007, whereby learned single judge dismissed the writ application filed by petitioner/appellant-state of jharkhand and held that the order passed by the .....
Tag this Judgment!Court : Jharkhand
Reported in : [2007(4)JCR120(Jhr)]
..... the opening provision of chapter 'panchayat' in part ix of the constitution of india.4. part-ix of the constitution was inserted by the constitution (73rd amendment) act 1992 with effect from 1st june, 1993. the newly inserted part-ix of the constitution provided for establishment of panchayats at the village level, intermediate level ..... law relating to panchayats in force in a state immediately before commencement of the constitution (seventy-third amendment) act, 1992, which is inconsistent with the provisions of this part, shall continue to be in force until amended or repealed by a competent legislature, other competent authority or until the expiration of one year from ..... behalf of respondent nos. 1 and 2, it has been stated, inter alia, that the state legislature has enacted the panchayat act in accordance with the provisions of the 73rd constitutional amendment and also under the provisions of pesa 1996. part-ix of the constitution is made applicable in the 'scheduled area' by the .....
Tag this Judgment!Court : Jharkhand
Reported in : I(2008)BC630; [2008(1)JCR203(Jhr)]
..... on the date of the alleged execution of the documents. learned court below has observed that though, under the provisions of section 2(b), 11 and 12 of indian stamp act, 1899, the documents should have been embossed on the date of execution, but the documents were apparently embossed either much prior to the purported date of execution or much later ..... signature and that of the co-defendants were taken on blank papers, should not have been accepted by the court below since as per section 18 of the negotiable instrument act, if a person signs any paper, it is presumed that he has read and understood the paper and the onus was, therefore, upon the defendants to rebut the presumption by .....
Tag this Judgment!Court : Jharkhand
Reported in : [2007(4)JCR136(Jhr)]
..... that if there is established evidence of deposits, the state government is well within its power to grant mining lease, as envisaged under the amended provisions of section 5(2)(a) of the said act.7. it has been contended that the writ petitioner has also applied for the mining lease and his application was considered. after due ..... the state government to grant lease. the said m/s. electrosteel castings ltd. having learnt about the writ petition filed an interlocutory application (i.a. no. 1733 of 2007) praying for its addition as respondent. the application has been allowed and the said company has been made as respondent no. 6 in this writ petition.10. mr. ..... applicant m/s. electrosteel castings ltd. is permitted to intervene and is added as respondent no. 6 in the writ petition.w.p. (c) no. 565 of 2007:in this writ petition, the petitioner has prayed for a direction on the respondents to pass appropriate order on the application filed by the petitioner dated 6th september, 2003 under .....
Tag this Judgment!Court : Jharkhand
Reported in : AIR2008Jhar42; 2007(2)BLJR2897; [2007(3)JCR625(Jhr)]
..... vehicle inspector as the authority to counter-sign the fitness certificates issued by the authorized testing stations under rule 67 of the central motor vehicles act, 1989.2. partially amending the earlier issued circular no. public works/transport - 7/2000/0/s dated 21.2.2000, power vested to the joint transport commissioner ..... government has noticed any difficulties and shortcomings regarding issuance of certificates of fitness, it is but proper for them to approach the central government for such amendment. in other words, the rule making power regarding the requirement of the counter-signature by the motor vehicle inspectors in the certificates of fitness issued ..... , procedures and regulations which are formulated by the central government to control the authorized testing stations. under section 56(2) of the motor vehicles act, the state government has specified the authorized testing stations in the state to issue certificates of fitness as per the relevant rules of the central rules .....
Tag this Judgment!Court : Jharkhand
Reported in : 2008ACJ2184; 2007(2)BLJR2919; [2007(4)JCR1113(Jhr)]
..... concerned or any other person.(3) the central government may, keeping in view the cost of living by notification in the official gazette, from time to time amend the second schedule.4. from bare reading of the aforesaid provision, it is manifestly clear that owner or the insurer shall be liable to pay compensation in case ..... section (3) of section 163a provides that central government keeping in view the cost of living shall time to time amend the schedule by issuing notification in the official gazette. second schedule of the motor vehicles act lays down quantum of compensation payable in case of death or permanent disablement by taking into consideration the age of the ..... of the vehicle. inspite of that the tribunal has taken notional income of rs. 15,000/- which is totally against the law and the provisions of the act and the schedule referred to hereinabove.6. besides the above, deceased died leaving behind parents, widow and minor children and it has not been disputed that deceased .....
Tag this Judgment!Court : Jharkhand
Reported in : 2007(2)BLJR2042; [2007(3)JCR292(Jhr)]
..... in respect of that mineral.(2a) the holder of a mining lease, whether granted before or after the commencement of the mines and minerals (regulation and development) amendment act, 1972, shall not be liable to pay any royalty in respect of any coal consumed by a workman engaged in a colliery provided that such consumption by the ..... to be paid by the lessee (1) the holder of a mining lease whether granted before or after the commencement of the mines and minerals (regulation and development) amendment act, 1972, shall notwithstanding anything contained in the instrument of lease or in any other law for the time being in force, pay to the state government, every year, ..... the rate at which royalty is payable and similarly under section 9a(2) the central government can, by notification published in the official gazette, amend the third schedule to the 1957 act so as to enhance or reduce the rate at which dead rent is payable. under section 28, every rule and notification made by the central .....
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