Court : Jharkhand
Reported in : 2004(1)BLJR506
..... sections 420, 419, 406 and 468/34, ipc and section 3/4 of the sc/st (prevention of atrocities) act. it was submitted that the sub-inspector of police not authorized to investigate the case under sc/st (prevention of ..... they would not hand over the truck to him. it is also alleged that all the documents relating to the truck were seized by them which was financed by agent subhashish bose.5. learned counsel for the petitioners has submitted that the charge-sheet has been submitted by the sub-inspector, of police after investigation under ..... officer who must be not below the rank of dy. s.p. thus there is legal defect also in submitting charge-sheet under sc/st (prevention of atrocities) act.8. considering all these facts, i find merit in this criminal revision which isallowed and the impugned order dated 10.7.2002 passed by learned additionalsessions judge, sahebganj .....
Tag this Judgment!Court : Jharkhand
Reported in : III(2004)BC95; 2004(52)BLJR516; 2004(1)CTLJ487(Jhar); [2004(1)JCR531(Jhr)]
..... , the petitioner submitted that the stand of the respondent nos. 1 to 5 and 6 are contradictory. though, respondent no. 6 has stated that it was registered under the bihar finance act but no documents in support of this statements made in paragraph 18 of its counter affidavit has been filed. admittedly the respondent no. 6 applied for sales tax registration certificate ..... respondent no. 6 was equal. it was found that respondent no. 6 did not submit any sales tax clearance certificate and it was not even registered under the sales tax act, even then the work order was allotted to respondent no. 6 ignoring clause 10 of the tender notice. otherwise being equal in rates the petitioner was entitled to get the .....
Tag this Judgment!Court : Jharkhand
Reported in : [2004]137STC263(Jharkh)
..... this submission, we think it appropriate to refer to the scheme of the bihar finance act, now the jharkhand finance act. section 3 of the act is the charging section insofar as sales tax or purchase tax is concerned. the charging section relating to the additional tax is section 6. section 6 provides that every dealer having a gross turnover exceeding the specified quantum as ..... bihar [1995] 99 stc 441 ; (1995) 5 scc 593. therein, the supreme court was considering whether, so far as additional tax was concerned, section 6 of the bihar finance act (now the jharkhand act) was self-contained not only for charging additional tax, but also for its exemption. their lordships, after referring to the two decisions of the supreme ..... , 2001 and the notifications s.o. nos. 65 and 66, both dated january 12, 2002 and to claim set-off in terms of sections 22 and 23 of the bihar finance act, 1981. the petitioner has been found entitled to such a set-off and once it is found that it was entitled to a set-off .....
Tag this Judgment!Court : Jharkhand
Reported in : 2005CriLJ1812; [2004(2)JCR77(Jhr)]
..... 1997 by shri mungeshwar sahoo, 2nd additional session judge, godda whereby and whereunder the appellants were found guilty for the offence punishable under section 436/34 of the indian penal code and they were convicted and sentenced to undergo ri for five years each.2. the prosecution ..... in the facts and circumstances of the case at hand. the ratio of the aforesaid cases are in respect of the occurrence under sections 379 and 380 of the indian penal code. in the former case the printing press was removed by the accused in the absence ..... remaining part of the said house and after the said incident he is still residing in that very house and a proceeding under section 107 of the cr. pc is also sub-judice between the parties in connection with the said occurrence. pw 7, amar pandit ..... the only thing necessary is that the mistake must be one which leads the accused to claim that he has a right to act as he does. a mistake as to criminal law only will not give rise to a claim of right; an error as .....
Tag this Judgment!Court : Jharkhand
Reported in : [2004(2)JCR385(Jhr)]; [2006]144STC547(Jharkh)
..... of andhra pradesh. thus, the petitioner denies any liability under any of its contracts with the tisco under the jharkhand finance act. 2. the petitioner received a notice under section 33(1) of the bihar finance act stating that on verification it was found that the petitioner company was not submitting its return in relation to its works ..... at jamshedpur and as such the petitioner was exigible to sales tax under the bihar finance act and directed that proceedings under section 17(5) of the act be started and this was followed by a notice under section 17(5) of the act. it was at that stage that the petitioner filed the present writ petition challenging the ..... petitioner has no liability for tax in the state of bihar under the bihar finance act (now jharkhand finance act), pursuant to these contracts, since in terms of the contracts, the sales are inter-state sales coming under section 3 of the central sales tax act on which central sales tax is payable and is being paid by the petitioner .....
Tag this Judgment!Court : Jharkhand
Reported in : [2004(2)JCR608(Jhr)]
..... crores (six crores). moreover, when a contractor undertakes a work of this nature involving such a huge amount, it is normally expected that he would have the wherewithal to arrange finances for undertaking the work.3. strictly speaking, mr. jerath is justified in insisting that action in contempt must be taken against the contractor here and now. but by way of ..... representatives of the contractor.2. mr. jerath, learned counsel for the petitioner submits that the undertaking given by the contractor has been breached and action under the contempt of courts act or under article 215 of the constitution of india should be taken with reference to i.a. no. 154 of 2004 filed by him in that behalf. the learned government .....
Tag this Judgment!Court : Jharkhand
Reported in : [2004(3)JCR188(Jhr)]
..... the learned single judge rejecting the claim of the appellants on the ground that they were appointed without prior approval of the state government as contemplated under section 35 of the act cannot be sustained. in the ordinary course, in view of my conclusion that it is open to the state government to consider the validity of appointments ..... not found to be satisfactory because this court has taken note of the fact that the respondents had already decided to terminate the services of the petitioner and therefore, the act of asking a 'show-cause' and saying that his explanation received was not satisfactory, was an empty formality. obviously therefore, on 27.2.2003 (by annexure-34), ..... appointment because mere transmission of the name of a person who happens to be a member of a political party cannot be said to be political because the act of sending the name was not to coerce appointment but only to include the petitioner's name in a panel. the inclusion was made at the discretion of .....
Tag this Judgment!Court : Jharkhand
Reported in : [2004(3)JCR109(Jhr)]
..... and respondent no. 4 was unduly favoured by the concerned engineer. it was contended that respondent no. 4 had even given false registration numbers under the bihar finance act and the central sales tax act and that had been overlooked while awarding it the work. but the main contention was based on the non-fulfilment of the condition in terms of clause 8 ..... apply. but, here, probably, taking note of the fact that the state of jharkhand came into existence only with effect from 15.11.2000 based on the bihar re-organisation act, 2000, a locus penetentiae was given to contractors who did not have the registration, to get themselves, registered within one month of the last date fixed for opening of the .....
Tag this Judgment!Court : Jharkhand
Reported in : [2004(2)JCR594(Jhr)]; [2005]139STC62(Jharkh)
..... not merely a division of the petitioner-company, a dealer under the finance act. he further submitted that the fact that the manufacturing units at sindri and chaibasa have separate registration under section 14 of the act (corresponding to section 13 of the present act) did not alter the position that the company was selling its ..... . the petitioner, the assessee, continued to have separate registrations for the manufacturing units at sindri and chaibasa in the state of jharkhand also, under the finance act. the petitioner made an application before the commissioner of commercial taxes, jharkhand, ranchi under rule 3(4) of the rules. by order dated 16.4 ..... finance act. the writ petitioner, among other things, manufactures and sells cement. it had two factories for manufacture of cement within the state of bihar. one was at sindri and other was in chaibasa. both the units at sindri and chaibasa had separate registrations under section 14 (corresponding to present section 13) of the bihar act .....
Tag this Judgment!Court : Jharkhand
Reported in : [2004(4)JCR437(Jhr)]
..... the assets of the plaintiff-firm on 18.09.1973. cma had no authority to take over assets of a cma contractor under the act. according to section 11(1) of the act the government company or the custodian can only manage affairs and business of a coal mines. they had no right to lake over the ..... adits, levels, planes, machinery and equipments, instruments, stores, vehicles, railways, tramways and sidingsn, or adjacent to, a mine and used for the purpose of mine;section 3 of the nationalization act, 1973 is equally relevant in this connection which runs thus:3. acquisition, of rights of owners in respect of coal mines.-(1) on the appointed day, the ..... at y series from defendant-respondent no. 5 and the plaintiff-respondent is the bailee in respect thereof is alleged that defendant-respondent no. 5 being the financer of the aforesaid five trucks a recourse to the arbitration proceedings against the defendant-respondent no. 4 and the plaintiff-respondent which was subsequently decreed by the hon .....
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