Court : Jharkhand
Reported in : (2007)6VST614(Jharkh)
..... , the division bench of this court while allowed the writ petition on14th august, 2006 held as follows:so far as the other question 'whether it is saved by virtue of the provisions, contained in article 304(b) of the constitution of india is concerned, the respondents have neither made any statement in their affidavit nor have brought on record any data to suggest that the entry tax, imposed under bihar tax on entry of goods into local areas ..... of goods into local areas for consumption, use or sale thereof act, 1993' (bihar act 16 of 1993-hereinafter to be referred as 'bihar entry tax act, 1993') ultra vires articles 301 and 304 of the constitution of india, in some of the cases further prayer has been made to declare 'jharkhand tax on entry of goods into local areas for consumption, use or sale thereof (amendment) ordinance, 2001' [jharkhand ordinance no. ..... tax on entry of goods into local areas for consumption, use or sale thereof (amendment) ordinance, 2001, satisfies the test of compensatory tax, so as to come within the protection under article 304(b) of the constitution of india' has been decided by a division bench of this court in the case of tata iron & steel company ltd. ..... jharkhand tax on entry of goods into local areas for consumption, use or sale thereof (amendment) ordinance, 2001 do not satisfy the requirement, under article 301 read with article 304(b) of the constitution of india and, thus, section 3 of the act, including the amendment made therein, is ultra vires. .....
Tag this Judgment!Court : Jharkhand
Reported in : 2007(2)BLJR1153; [2007(2)JCR180(Jhr)]; (2007)7VST109(Jharkh)
..... writ applications indicating with necessary facts in what manner the impugned provisions of the vat act [95(3) and 96(3)] contravene the mandate of articles 14 and 19(1)(g) of the constitution of india. ..... state legislature is not in question, though it is stated that it offends the vested rights of the petitioners and, thus, hits the rights guaranteed under articles 14 and 19(1)(g) of the constitution of india. ..... of the petitioners to challenge the vires of sections 96(3) and 95(3) of the vat act, except by stating that it is a colourable exercise of power and violates articles 14 and 19(1)(g) of the constitution of india. ..... behalf of the petitioners that the action of the respondents is discriminatory in nature and is violative of article 14 of the constitution of india.35. ..... hon'ble supreme court in another case where exemption to local industries was held to be violative, being contrary to article 301 and 304 of the constitution of india. ..... the promisee, notwithstanding that there is no consideration for the promise and the promise is not recorded in the form of a formal contract as required by article 299 of the constitution....xx xx xx...government cannot claim to be immune from the applicability of the rule of promissory estoppel and repudiate a promise made by it on the ground that such promise may fetter ..... judgment of the apex court, reported in (2004)7 scc 242 and, thus, amounts to interference with the judicial decision and violates the basic structure of the constitution of india. .....
Tag this Judgment!Court : Jharkhand
Reported in : 2007(2)BLJR1259; [2007(3)JCR496(Jhr)]
..... though the supreme court through 5 judges special bench upheld the bihar act, 1956, holding the same to be intra vires to the constitution of india, it held that section 3 of the bihar act, 1956, which completely prohibited the cow, bull and bullock to be slaughtered in ..... thus, the supreme court has given weightage to article 48, 48a and 51a of the constitution of india, upholding that the cow dung, urine or its utility are more beneficial and in the interest of the ..... jharkhand act, 2005 as well as the gujrat act are common, it is to be held that the decision rendered by 7 judges bench of the supreme court is binding under article 141 of the constitution of india and as such, it would apply to all the states including the state of jharkhand.14. ..... provisions contained in sections 3, 5, 6, 7 and 14 of the jharkhand bovine animal prohibition of slaughter act, 2005, (herein after called as jharkhand act, 2005) are ultra vires to article 19(1)(g) and article 21 of the constitution of india, has filed this writ application before this court.2. ..... the provision of section 14 of the jharkhand act, 2005, cannot be said to be ultra vires either to article 19(1)(g) or article 21 of the constitution of india or the provisions of the evidence act. ..... of total ban or prohibition on slaughter of bovine animals interferes with the fundamental right of the petitioner, who is quraishi by profession and it violates the fundamental right as enshrined under article 19(1)(g) of the constitution of india ? .....
Tag this Judgment!Court : Jharkhand
Reported in : [2006(4)JCR37(Jhr)]
..... government is not empowered to impose any tax whatsoever on the goods, including 'imported coal', imported from outside the country, as the trade and commerce with foreign countries is covered by entry 41 list 1 of viith schedule of the constitution of india.further declaration has been sought for that the imposition of entry tax on 'imported coal' from outside the country is violative of articles 286 and 301 of the ..... it appears that in exercise of legislative power, conferred upon the state, pursuant to entry 52 of list 2 of viithschedule of the constitution of india and under article 213 of the constitution of india, an ordinance, namely, 'bihar tax on entry of goods into the local areas for consumption, use or sale therein ordinance, 1993' was promulgated and published on 22nd february 1993 in an extraordinary gazette of bihar being bihar ordinance no ..... .47. so far as the other question 'whether it is saved by virtue of the provisions, contained in article 304(b) of the constitution of india is concerned, the respondents have neither made any statement in their affidavit nor have brought on record any data to suggest that the entry tax, imposed under bihar tax on entry of goods into local ..... jharkhand tax on entry of goods into local areas for consumption, use or sale thereof (amendment) ordinance, 2001 (jharkhand ordinance 02 of 2002) do not satisfy the requirement under article 301 read with article 304(b) of the constitution of india and section 3 of the said act is ultra vires .....
Tag this Judgment!Court : Jharkhand
Reported in : [2008(1)JCR542(Jhr)]
..... and extend the provisions relating to municipalities in the scheduled area;(iv) admittedly, no law has been made by the parliament in exercise of the power under article 243zc of the part ixa of the constitution of india;(v) even in para 5(1) of the vth schedule, the governor are being vested with the power to direct any particular act of the parliament or an act of the legislature shall not apply to ..... anwar, learned senior counsel appearing for the petitioners would urge the following contentions:(i) part ix of the constitution of india relates to the municipalities;(ii) under article 243zc, the provisions of part ix a of the constitution shall not apply to the scheduled areas and tribal areas and the parliament alone can extend the provisions ..... , covering scheduled areas, prior to the introduction of part ixa of the constitution, the jharkhand municipal act, 2000 or ranchi municipal corporation act 2006 which are introduced only for increasing the penalty and to rationalize the upper limit of reservation by the original act, cannot be said' to be inconsistent with the provisions of the constitution of india, and, as such, the prayer of the petitioners in challenging the section ..... part ix a cannot be extended to scheduled area, but the existing laws relating to state municipalities which were in existence prior to the commencement of 74th amendment in the constitution of india, which were not consistent, were allowed to operate for a specified period by virtue of article 243zf. .....
Tag this Judgment!Court : Jharkhand
Reported in : 2004(1)BLJR82; [2003(4)JCR558(Jhr)]
..... to counsel for the petitioners, the first public service commission in terms of article 315 of the constitution of india and the regulations framed under article 318 of the constitution can come into being only on a chairman and four members being appointed by the governor. ..... though the public service commission could have been constituted with only the chairman as the member or only with the chairman and member in terms of article 316 of the constitution of india, here, what happened was that as against the strength determined by the regulations framed under article 318 of the constitution of india, only the chairman and a member were appointe'd leaving the three other positions ..... bench thus found both those provisions violative of article 14 of the constitution of india, though the said article was not specifically mentioned. ..... under article 315 of the constitution of india, the state had to have a state public service commission, unless ..... the contention of the petitioners that a public service commission for the state of jharkhand has never come into existence as envisaged by article 315 of the constitution, read with the regulations framed under article 318 of the constitution of india. ..... clarification sought by the government of bihar on the status of the public service commission, vis-a-vis the state of jharkhand, the government of india clarified that the government of jharkhand will set up its own state public service commission under article 315 of the constitution of india. .....
Tag this Judgment!Court : Jharkhand
Reported in : [2003(4)JCR1(Jhr)]
..... if, in that situation, the governor of jharkhand in exercise of his executive power available under article 162 of the constitution of india, issued an order directing that such recommendations be not recognized, it could not be said that there was anything illegal in the ..... such an executive order could also be supported by reference to article 162 of the constitution of india, since the legislature certainly had the power to say that the recommendations should be made by a body other than the ..... power of legislation available to the state of jharkhand under article 246 of the constitution and wherever the legislative power existed, the executive power could also be exercised in view of article 162 of the constitution of india. ..... the power available to the executive in terms of article 162 of the constitution of india. ..... it was thereupon that the writ petitioner filed the writ petition on 12-11.2002 praying for a declaration that the bihar university service commission constituted under the bihar university (constituent colleges) service commissioner act, 1987 continued to operate in the state of jharkhand by virtue of section 66 of the bihar re-organisation act ..... the learned single judge has observed that since admittedly the jharkhand universities (constituent colleges) service commission had not been constituted and since the bihar state universities (constituent colleges) service commission act, 1987 has not been amended, adapted, or repealed by the state of jharkhand and the .....
Tag this Judgment!Court : Jharkhand
Reported in : 2007(2)BLJR2545
..... has been mentioned.page 13 para 6: that, thus hon'ble high court has power to control the subordinate judicial both judicially and administratively under articles 227 & 235, respectively of the constitution of india and if shri ashok kumar gupta has invoked this judicial power of this hon'ble court, as advised under article 227 and drafted by the alleged contemner lawyer, the question of ..... . that, thus hon'ble high court has power to control the subordinate judicial both judicially and administratively under articles 227 & 235, respectively of the constitution of india and if shri ashok kumar gupta has involved this judicial power of this hon'ble court, as advised under article 227 and drafted by the alleged contemner lawyer, ..... to file the writ petition before this court under article 226 and 227 of the constitution of india registered as w.p.(c) no. ..... offence of criminal contempt and sentenced to undergo simple imprisonment for a period of six months;(iii) the matter is referred to the bar council of india to take appropriate action under the bar council of india act against the counsel contemner by following the required procedure in accordance with the law as he has abused his professional privileges while practicing as an ..... . the supreme court while dealing with a similar situation, as reported in 1998(4) scc 409 (constitution bench) would stress the necessity for not only convicting the lawyer for contempt of court, but also to refer the misconduct of the advocate .....
Tag this Judgment!Court : Jharkhand
Reported in : 2009(57)BLJR2000
..... for the general category candidates at 25 years, has been made by the state government under the orders of the state government in exercise of the governor's power under article 309 of the constitution of india and under the provisions of section 46 of the police act, 1861.the impugned advertisement (annexure-2) is accordingly issued by the director general of police, jharkhand, ranchi (respondent no. ..... want to interpret the modification/amendment made in rule 658 of the police manual as a legislative act within the competence of the governor under the provisions of article 309 of the constitution of india and would submit that the modification by which the upper age limit has been fixed at 25 years, cannot be subject of judicial review.10. ..... 3 by reducing the upper age limit to 25 years.learned counsel argues further that articles 14, 12 and 48a of the constitution of india must be applied both in relation to executive action as also in relation to a legislation and therefore, it is within the scope of the powers of this court to make a judicial review of the administrative action of the ..... of the respondents is violative of articles 14 and 16 of the constitution of india, deserving interference by this court in the interests of justice?2. ..... the contention of the petitioner that the reduction of the upper age limit as indicated in the impugned advertisement, is arbitrary and in violation of the provisions of article 14 and 16 of the constitution of india, is not without substance. .....
Tag this Judgment!Court : Jharkhand
Reported in : 2004(2)BLJR1611; [2004(4)JCR1(Jhr)]
..... . what was sought to be contended was that the right to enter into such an agreement was traceable to the government grants act, or to article 298 of the constitution of india and the state, as the sovereign, was free to enter into such an agreement and give back the land to the person from whom it was taken on the basis of the notification issued under section 3(1) ..... argument that the withdrawal was not only with a view to move the high court under article 226 of the constitution of india, but was because of the negotiations going on with the government, is not supported by any legal evidence ..... . in other words, no claim either under the act or a challenge under article 226 of the constitution of india, was pursued by anandji kalyanji with the result that the notification, the vesting, the assumption of charge and the taking of possession under the act, all became final as regards the parasnath ..... is an agreement in the name of the governor in terms of article 299 of the constitution of india, and it is one entered into by the state with anandji kalyanji trust ..... as regards the reliance placed on the power available under article 298 of the constitution of india, it appears to us that the said power is not unlimited or ..... the notification under section 3(2) of the act, a writ petition was attempted to be filed in the supreme court by anandji kalyanji, the same was withdrawn with liberty to approach the high court under article 226 of the constitution of india, which was never done .....
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