Court : Jharkhand
Decided on : Jan-15-2003
Reported in : [2003(2)JCR309(Jhr)]
..... that the state government issued a notifications being s.o. no. 478 dated 22nd december, 1995 and s.o. no. 479 dated 22nd december, 1995 under section 7(3)(b) of the bihar finance act, 1981 (act 5 of 1981) giving several incentives to the new industrial units which came into production between 1st september, 1995 to 31st august, 2000. the said incentive .....
Tag this Judgment!Court : Jharkhand
Decided on : Jan-15-2003
Reported in : [2003(2)JCR80(Jhr)]
..... . we leave this interpretation open but within observation that if at all the respondent thinks or feels that in the facts and circumstances of this case section 82 of the act is attracted, it shall be open to it to invoke this provision and make appropriate representation to the central government. if this is done we leave ..... as a 'mine', because, according to the respondent, it thought that the establishment does not come within the definition of a 'factory' as occurring in section 3 of the factories act. the purpose of making this query from mr. banerjee was to elicit the real intention and motive of respondent by, first seeking the aforesaid clarification and later ..... have filed the present appeal under clause 10 of the letters patent.4. in course of the judgment the learned single judge made a reference to section 82 of the mines act, 1952 by observing that if the respondents in the writ application disputed the installation or construction of the power station as not being covered by the .....
Tag this Judgment!Court : Jharkhand
Decided on : Jan-13-2003
Reported in : 2003(51)BLJR477
Tapen Sen, J. 1. Heard Mr. A. Allam, learned Counsel for the Petitioner and J.C. to S.C. 1. 2. The grievance of the Writ Petitioner in the instant case is that notwithstanding the existence of Circulars making sixty years as the age of superannuation of the teachers like the Petitioner, the Respondents have passed an order on 28-12-1997 (Annexure-2/1) by which the petitioner has been directed that on her having reached the age of 58 (fifty eight) years, she will be superannuate on 31-12-1997.3. Learned Counsel for the Petitioner has further made a grievance that on the basis of the aforesaid illegal letter, the Petitioner was forced to retire on 31-12-1997 by misquoting a Circular although from a perusal of Annexure-1 and Annexure-3 it appears that the date of superannuation has been accepted to be 60 (sixty) years in the case of persons/teachers such as the Petitioner.4. In the Counter Affidavit, it has been stated that the Petitioner retired on 31-12-1997 following the letter of the ...
Tag this Judgment!Court : Jharkhand
Decided on : Jan-09-2003
Reported in : [2003(2)JCR264(Jhr)]; (2003)IILLJ1058Jhar
..... on which the standing orders as finally certified under this act come into operation under section 7 in that establishment, the prescribed model standing orders shall be deemed to be adopted in that establishment, and the provisions of section 9, sub-section (2) of section 13 and section 13a shall apply to such model standing orders as they ..... 8. mr. a.k. mehta, learned counsel appearing for the respondents made a halfhearted reference to the provisions of industrial employment (standing orders) act, 1946, particularly, section 12a thereof which deals with the temporary application of model standing orders and submitted that on the basis of the applicability of ..... or gathered that the employer had the power to transfer the workman from one place to another, section 12a (supra) undoubtedly does contain a provision that till such time as the standing order (as finally certified under the act) comes into operation, the prescribed model standing orders would be deemed to be adopted in the .....
Tag this Judgment!Court : Jharkhand
Decided on : Jan-09-2003
Reported in : [2003(1)JCR587(Jhr)]
..... of the parties that as on the date of the passing of the aforesaid order (18.9.2001) the appellant-petitioner was serving in bokaro. in terms of section 74 of bihar reorganization act, 2000 and in view of the authoritative pronouncement by a division bench of this court in the case of the state of bihar v. arvind vijay bilung and .....
Tag this Judgment!Court : Jharkhand
Decided on : Jan-08-2003
Reported in : [2003(2)JCR293(Jhr)]
..... statutory notification was issued, the policy resolution paled into oblivion and got eclipsed totally. what, therefore is enforceable in law in terms of section 84 of the act read with section 86 is the statutory notification being s.o. 478 and the statutory notification providing only for the exemption with respect to such sale transactions which ..... now forming part of the jharkhand state were included in the erstwhile state of bihar, but with effect from 15th november, 2000 byvirtue of section 3 of bihar re-organization act, 2000, the state of jharkhand came into existence. the coming into existence of the state of jharkhand with effect from 15th november, 2000 gave ..... an inter-state sale transaction. reliance is placed upon s.o. 478 issued by the government of bihar on 22nd december, 1995 in terms of section 7(3)(b) of bihar finance act, 1981.2. the petitioners, except petitioner no. 5, have their business activities in the state of bihar, where they carry their manufacturing operations .....
Tag this Judgment!Court : Jharkhand
Decided on : Jan-07-2003
Reported in : 2003(51)BLJR655; 2003CriLJ2089; [2003(1)JCR431(Jhr)]
..... under sections 341, 323, 452 and 353 of the indian penal code. 11. the ..... (mihijam) p.s. case no. 250 of 1996 under section 392 of the indian penal code. (v) jamtara p.s. case no. 194 of 2001 under sections 147, 148, 149, 353, 427 and 307 of the indian penal code, section 27 of the arms act and section 3/4 of the explosive substance act. (vi) kundahit p.s. case no. 15 of 2002 ..... that the sub-divisional officer, jamtara requested the superintendent of police, jamtara to send a proposal to the deputy commissioner, jamtara to detain the petitioner under section 12 of the act and thereafter the superintendent of police, jamtara recommended accordingly for detention of the petitioner. pursuant to the said recommendation, the deputy commissioner, jamtara by order dated .....
Tag this Judgment!Court : Jharkhand
Decided on : Jan-06-2003
Reported in : [2003(97)FLR1193]; [2003(1)JCR443(Jhr)]
..... to the district courts' and the courts subordinate thereto. the very fact that the framers of the constitution in enacting article 234 have made the provision, not subject to any acts of the appropriate legislature is the clearest indication of the constitution makers that so far as the recruitment to the judicial service of the state is concerned, the state legislature .....
Tag this Judgment!Court : Jharkhand
Decided on : Jan-04-2003
Reported in : [2004]138STC121(Jharkh)
..... orders the division bench of this court clearly held that the operational activity of the petitioner would not amount to 'manufacture' as contemplated by section 2(n) of the act. it is noteworthy to observe that the supreme court upheld the high court judgment firstly while dismissing the special leave petition and secondly while ..... on by the petitioner, the petitioner cannot be considered to be engaged in any manufacturing process as such within the ambit and scope of section 2(n) of the act. it may be advantageous to cull out from the order of the joint commissioner the nature of the operational activities of the petitioner, to ..... ' the petitioner could not be held entitled to the grant of exemption from the purchase of raw material. the word 'manufacture' has been defined in section 2(n) of the bihar finance act, 1981 and reads thus :'2(n) 'manufacture' with all its grammatical variations and cognate expressions, means producing, making, extracting, altering, ornamenting, finishing .....
Tag this Judgment!