Court : Jharkhand
Reported in : 2007(2)BLJR1817; [2007(3)JCR385(Jhr)]
..... board of management: the board of management shall exercise the following powers and shall perform the following duties, namely:(a) frame, amend and repeal the statute/regulations in the manner prescribed under this act.xx xx xx(c) approve the recommendation for appointment of officers, teachers and other staff of a university in the manner prescribed; ..... to 62 years and the same was sent to the chancellor of the universities for his assent to the amendment of clause 13.3(2) of the statutes, as required under section 36(2) of the jharkhand state universities act, 2000.4. on the basis of the aforesaid letter dated 5th november, 2003 and the resolution, the ..... -section (3) no statute or amended statute shall have any validity unless it has received the assent of the chancellor and in terms of sub-section (4) every such statute has to be published in the government gazette. a conjoint reading of various provisions of the jharkhand agricultural universities act clearly embark upon the fact that .....
Tag this Judgment!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(2)BLJR1599; II(2007)DMC751; [2007(4)JCR479(Jhr)]
..... .c. but the petition was also purported to be filed under sections 3, 4, and 5 of the muslim women (protection of rights on divorce) act. 1986. by way of proposed amendment, the opposite party no. 2 has sought to introduce a fresh paragraph incorporating statement of certain facts regarding her previous marriage with another person. the above ..... section 125 cr. p. c. along with sections 3, 4, 5 of the muslim women's (protection of rights on divorce) act 1986, which is pending enquiry before the learned court below. while seeking to make amendment, the opposite party no. 2 has wanted to delete the words 'and under sections 3, 4, and 5 of the muslim women ..... it had allowed the opposite party no. 2 to exercise her option for deleting the reference to the aforesaid special act in her application.9. as regards the controversy whether the code of criminal procedure permits amendment to the petition, it needs to be noted that the proceedings under section 125 of the code of criminal procedure .....
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)BLJR840; [2007(1)JCR598(Jhr)]
..... . it is profitable to notice that only in this view of the matter, other persons generating electrical energy has also been made liable to pay surcharge by reason of amending act of 1990.18. in the case of bihar alloy steels ltd. v. state of bihar and ors. (supra) the facts of the case was that the petitioner ..... the said notification.(3) when a licensee holds more than one licence, duty shall be payable separately in respect of each licence.12. section 3a of the act as stood prior to amendment act 2 of 2003 was a charging section which is quoted herein below:section-3a-surcharge-(1) subject to the provisions of clauses (1),(b) and (c ..... to whether the appellant- dvc is liable to pay electricity duty under the bihar electricity duty act, 1948 as amended by the bihar electricity duty (amendment) act, 1963. their lordship took notice of the fact that dvc was established under the damodar valley corporation act, 1948 for the development of damodar valley in the state of bihar and west bengal. one .....
Tag this Judgment!Court : Jharkhand
Reported in : 2007(2)BLJR1128; [2007(2)JCR243(Jhr)]
..... s notification no. 38 dated 28.8.06. the writ petitioner by the application being i.a no. 256/07 brought the said subsequent event on record praying amendment in the writ petition, which was allowed by order dated 31.1.07 including addition of the prayer for quashing the notification no. 385 dated 22.1.07 ..... been set aside.2. according to the petitioner, by the impugned order (annexure-4), his date of retirement has been shifted down from 4.1.2009 to 4.1.2007 which is highly prejudicial and injurious to him. the petitioner was posted as the member secretary, jharkhand state pollution control board (hereinafter referred to as 'the board' for ..... impugned decisions taken by the state and submitted that the said decisions have been taken in accordance with the provisions contained in water (prevention & control of pollution) act, 1974. learned a.g centered his argument contending that the board's decision on the terms and conditions of the services of its employees and officers cannot be made .....
Tag this Judgment!Court : Jharkhand
Reported in : 2007(2)BLJR1552; (2007)210CTR(Jharkhand)602; [2007]290ITR114(Jharkhand); [2007(3)JCR264(Jhr)]
..... under subsection (1) of section 142 of the income tax act 1961 (in short the act) and for a direction upon the respondents not to continue with the assessment proceeding in respect of the assessment year in question. by amendment petition dated 8.1.2007 the petitioner have also prayed for quashing the order of assessment ..... which was pending on the date of initiation of search and seizure under section 132 of the act has already awaited and continuation of the impugned assessment proceeding is wholly without jurisdiction illegal and invalid. by amendment petition, the petitioner pleaded that inspite of pendency of the writ petition, the respondent proceeded with ..... empowers the taxing authorities to take possession or control of the seized articles. by 1991 amendment, the operation of the prohibitory order passed can also be extended with the approval of the commissioner.8. chapter xiv of the act deals with the procedure for assessment. it begins with section 139, which makes it obligatory .....
Tag this Judgment!Court : Jharkhand
Reported in : 2007(2)BLJR871; [2007(2)JCR99(Jhr)]
..... the appellant submitted that court fee amount should not be assessed in terms of article 1 of schedule ii of the court fees act, rather, it should be governed by article 9 of schedule ii as amended by bihar amendment act. the registrar general, disagreeing with the submission of the appellant, directed for payment of ad valorem court fee on the amount which is ..... governed by article 9 of schedule ii of the court fees act as amended by bihar amendment act, 1995.4. the state of bihar by various ordinances and act made necessary amendment in schedules 1 and ii of the court fees act. recently schedules i and ii of the act have been substituted by the court fees (bihar amendment) act, 1995 for its application to the state of bihar including .....
Tag this Judgment!Court : Jharkhand
Reported in : 2008(56)BLJR338; [2007(4)JCR622(Jhr)]
..... and his relations will resort to withdrawing the amount by disposing of those moveable and immoveable assets, c.b.i filed an application under section 3 of the criminal law (amendment) ordinance, 1944, praying therein for passing an ad interim order of attachment in respect of the properties detailed in annexure - 2 and for making the order absolute, after ..... c.b.i that the competent authority had granted authorization. this point has already been decided by the special judge, c.b.i. further in view of 1988 amendment in p.c act, under section 5(6) the special judge can exercise same powers and function as exercisable by a district judge under the criminal law ..... (amendment) ordinance, 1944. moreover, all the objections with regard to the jurisdiction as taken by the appellants in these appeals have already been raised before the court below in .....
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 .....
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