Court : Jharkhand
Reported in : (2007)6VST614(Jharkh)
..... . director of chits, madras, reported in : air1991sc998 and submitted that if amended provision only varies the form of restriction, which was already, inherent in the original act, and since the principal act had the sanction of the president, it was not necessary to obtain the sanction of the president for the amending act. reliance was also placed on a supreme court's decision in the ..... is only an additional restriction from the special point of view of article 304(b), which requires presidential sanction. it has already been pointed that while amending bihar entry tax act, 1993 vide jharkhand entry tax (amendment) ordinance, 2001 additional restriction has been imposed on different items, such as, 'coal' etc. in that background, we are of the opinion that it was essential .....
Tag this Judgment!Court : Jharkhand
Reported in : [2007(1)JCR94(Jhr)]
..... reported in : air1991sc998 and submitted that if amended provision only varies the form of restriction, which was already inherent in the original act, and since the principal act had the sanction of the president, it was not necessary to obtain the sanction of the president for the amending act. reliance was also placed on a supreme ..... additional restriction from the special point of view of article 304(b), which requires presidential sanction. it has already been pointed that while amending bihar entry tax act, 1993 vide jharkhand entry tax (amendment) ordinance, 2001 additional restriction has been imposed on different items, such as, 'coal' etc. in that background, we are ..... court's decision in the case of s. sundaram v. v.r. pattabhiraman reported in : [1985]2scr643 to suggest that no presidential assent is required if the act is amended or varied without putting any further restriction.25 .....
Tag this Judgment!Court : Jharkhand
Reported in : [2007(1)JCR25(Jhr)]
..... respect of that mineral. (2-a) the holder of a mining lease, whether granted before or after commencement of the mines and minerals (regulation and development) amendment act, 1972, (56 of 1972) shall not be liable to pay any royalty in respect of any coal consumed by a workman engaged in a colliery provided that ..... payment made in respect of royalty by the lease holders shall be adjusted as against the present demand. 3. all the directions issued earlier shall be deemed amended to this extent. this order shall be treated taking effect from the date of its notification. by the order of the governor,sd/- siyaram sharan sharma,special ..... adjusted against the amount payable by the lessees. it further stipulates that earlier directions to the extent in consistent with this notification shall be deemed to be amended. this notification was made effective from the date of its issue.2. petitioners have challenged the constitutionality, legality and propriety of this notification on following amongst .....
Tag this Judgment!Court : Jharkhand
Reported in : [2006(4)JCR37(Jhr)]
..... record any data to suggest that the entry tax, imposed under bihar tax on entry of goods into local areas for consumption, use or sale therein act, 1993, as adopted and amended by the state of jharkhand by jharkhand tax on entry of goods into local areas for consumption, use or sale thereof ..... by bihar tax on entry of goods into local areas for consumption, use or sate therein act, 1993, as adopted by the state of jharkhand and amended by jharkhand tax on entry of goods into local areas for consumption, use or sale thereof (amendment) ordinance, 2001 (jharkhand ordinance 02 of 2002), constitutes reasonable restriction, we are of the view ..... adopted bihar tax on entry of goods into local areas for consumption, use or sale therein act, 1993, vide notification dated 15thdecember, 2000 and/or amendment made vide jharkhand tax on entry of goods into local areas for consumption, use or sale thereof (amendment) ordinance, 2001, on the 'principle of equivalence'. there is nothing on the record to .....
Tag this Judgment!Court : Jharkhand
Reported in : [2006(4)JCR330(Jhr)]
..... schools to the teachers is reproduced herein below:dear teachers,rev. fr. provincial, the president of the governing 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 ..... which also prescribed the date of retirement as 58 years.16. as noticed above, school is creation of a society registered under the society's registration act. it is an unaided school, meaning thereby that the government provides no financial assistance. it has its own bye-laws regulating its functioning. the jural relationship ..... of age. though the school was run by a registered society, however, all recognized schools whether aided or otherwise were governed and regulated by delhi education act, 1973 and the delhi education rules, 1973 while considering the question of maintainability of writ petition, the hon'ble supreme court observed as under:the recognised .....
Tag this Judgment!Court : Jharkhand
Reported in : 2007(1)BLJR370; [2007(1)JCR261(Jhr)]
..... and other candidates, who are otherwise possessed of the prescribed qualification be allowed to participate in the process of selection and to appear in the competitive examination pursuant to the advertisement notice. jharkhand public service commission has resisted the petition and sought its dismissal in the factual and legal background, noticed ..... the state. similarly, it is well open and within the competency of the state to change the rules relating to a service and alter or amend and vary by addition/substruction the qualifications, eligibility criteria and other conditions of service including avenues of promotion, from time to time, as the administrative ..... (service condition) rules, 1983. it is the case of the petitioner that under section 9 of the bihar non-government secondary school (management & control) act, 1981, rules have been framed prescribing service conditions i.e. bihar government's secondary school conditions, 1983. rule 4 of the 1983 rules prescribe the eligibility .....
Tag this Judgment!Court : Jharkhand
Reported in : II(2007)BC166
..... case may be, to the holder in due course of the cheque, within fifteen days of the receipt of the said notice.7. by bringing about amendment of the amending act of 2002 tenure of punishment was increased and at the same time the period for issuance of notice by the payee to the drawer was increased from 15 ..... 30 days on the dishonour of cheque.8. similarly certain provision has been laid down under section 142 of the said act whereby and whereunder certain amendment was made by amending act of 2002. section 142 was amended to provide diseretion to the court to waive the period of one month, which has been prescribed for taking cognizance of ..... the case under the act (amendment act of 2002). section 142 of the act relates to cognizance of the offence which speaks as here under:142. cognizance of offenccs.-notwithstandmg anything contained in the code of criminal procedure,1973 .....
Tag this Judgment!Court : Jharkhand
Reported in : [2007(1)JCR317(Jhr)]
..... and therefore the daily wages employee were advised to receive the arrears and compensation legally payable to them under the provisions of 25a of the i. d act.the amendment, sought for, is allowed by amending the prayer portion, as prayed.i.a. no. 1418 of 2004 is allowed.c.w. j. no. 2352 of 19951. petitioners have filed this ..... due to paucity of fund; that on 22.12.1993, it was decided to dispense with the daily wagers after complying with section 25f of the industrial disputes act ( i.d, act for short), as their services was no longer required; that such daily wagers were not appointed as per the procedure, and no appointment letters were issued to ..... a common press notice dated 22.1.1996 petitioners and the said 40 employees were asked to receive their retrenchment compensation as, per section 25f of the industrial disputes act, thus, the petitioners are similarly situated and are entitled to the same relief which the said group of employees got.4. the case of the respondents in short .....
Tag this Judgment!Court : Jharkhand
Reported in : [2006(3)JCR342(Jhr)]
..... from the state. so far as other 44 students, admitted in the institution in 1st year engineering programme, during the said session 2003-2007 on the recommendation of jharkhand combined entrance competitive examination board (hereinafter to be referred as 'j.c.e.c.e.b.') are concerned, their registration have been allowed, as detailed ..... s institute, the university registered all 66 students on 4th november, 2004 (annexure 13 series), including the 22 students, admitted against the management quota through the competitive examination, conducted by the institute itself. subsequently, by letter dated 12th march. 2005 the university asked the petitioner's institute and one cambridge institute of technology, ..... engineering/technical). the secretary of the state in charge of medical or technical education, as the case may be. shall also be a member and act as the secretary of the committee. the committee will be free to nominate/co-opt an independent person of repute in the field of education as .....
Tag this Judgment!Court : Jharkhand
Reported in : III(2006)ACC720; 2006ACJ2562; [2006(3)JCR10(Jhr)]
..... place:9. the word 'injury to any person, including owner of the goods or his authorized representative carried in a vehicle' has been inserted by virtue of 1994 amendment in the act (act 54 of 1994). a perusal of section 147(1)(b)(i) clearly shows that the insurer is liable to indemnify the owner of the goods vehicle against any ..... said award passed by the tribunal was however, reversed by the high court. the matter came to the supreme court. their lordships held that by reason of amendment made in section 147 of the act the position of gratuitous passenger has not been changed. however, their lordships following the earlier decision referred in asha rani case' (2003) 2 scc 223, ..... goods carrying vehicle along with his goods, for hire or reward.10. in the case of national insurance company ltd. v. baljit kaur (2004) 2 scc 1, the amended provisions of section 147 of the act has been considered by the supreme court and their lordships observed:it is, therefore, manifest that in spite of the .....
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