Court : Jharkhand
Reported in : 2001(49)BLJR36
..... decisions taken in the industrial policy itself. in this view of the matter, any notification issued by government order in exercise of power under section 7 of the bihar finance act, if is found to be repugnant to the industrial policy declared in a government resolution, then the said notification must be held to be ..... supra), where their lordships observed : 'coining to the second question, namely, the issuance of notification by the state government in exercise of power under section 7 of the bihar finance act, it is true that issuance of such notifications entitles the industrial units to avail of the incentives benefits declared by the state government in its own ..... business of refractories. the case of the petitioner is that it is a registered dealer having registration no. rn (s) 149(r) granted under section 14 of the bihar finance act. the government of bihar came up with an. industrial policy known as industrial policy 1995. the said policy lays down the provision for removing the .....
Tag this Judgment!Court : Jharkhand
Reported in : [2001]248ITR532(Jharkhand)
..... seized? the assessing officer is the best judge to decide whether to issue an order under sub-section (3) of section 132 of the act or to physically remove the money from where it has been seized, be it a residence or a bank or a finance company and to do so in exercise of the power under clause (iii) (supra). it is ..... from that house and appropriating to itself temporarily until an order is passed under sub-section (5) of section 132 of the act by the assessing officer? similarly, taking another example, suppose an amount of money is found elsewhere, say in the account of a private finance company but belonging to an assessee and the revenue is of the opinion that it ..... an account of an assessee maintained in a bank or in a private finance company, the revenue or the assessing officer is of the opinion that it is not safe to keep the money there and, therefore, any order passed under sub-section (3) of section 132 of the act may be an exercise in futility and, therefore, the removal of the .....
Tag this Judgment!Court : Jharkhand
Reported in : 2001(49)BLJR656
..... from that house and appropriating to itself temporarily until an order is passed under sub-section (5) of section 132 of the act by the assessing officer. similarly, taking another example, suppose an amount of money is found elsewhere, say in the account of a private finance company but belonging to an assesses and the revenue is of the opinion that it ..... cases, the assessing officer is the best judge to decide whether to issue an order under sub-section (3) of section 132 of the act or to physically remove the money from where it has been seized, be may it a residence or a bank or a finance company and to do so in exercise of the power under clause (iii) (supra). it ..... an account of an assessee maintained in a bank or in a private finance company, the revenue or the assessing officer is of the opinion that it is not safe to keep the money there and, therefore, any order passed under sub-section (3) of section 132 of the act may be an exercise in futility and, therefore, the removal of the .....
Tag this Judgment!Court : Jharkhand
Reported in : 2001(49)BLJR653
ORDERM.Y. Eqbal, J.1. In this writ application, the petitioner has prayed for quashing the orders, dated 26.10,1999, 11.1.2000 and 15.11.2000 issued by the respondents, the Chief Personnel Manager and Deputy Personnel Manager, whereby the petitioner has been directed to deposit a sum of Rs. 1,07,398/- by way of penal interest and further for a declaration that the respondents have no authority to deduct the aforesaid amount from the salary of the petitioner.2. The fact of the case lies in a narrow compass.3. The petitioner, while working as Deputy Personnel Manager under therespondent-CCL at Barkakana Colliery,applied for loan for purchase of a car which was sanctioned by the respondents, vide letter, dated 1.9.1992 and the loan was disbursed on 15.10.1992. The petitioner purchased a vehicle on 9.11.1992 after adding the remaining amount and took delivery of the vehicle from M/s. Narbheram & Company Ltd. The petitioner entered into an agreement with the respondent-CCL on 11.9.1992. Pet...
Tag this Judgment!Court : Jharkhand
Reported in : 2001(49)BLJR1060
..... of the company may not be prosecuted unless he be ranged alongside of the company itself. the said case was in respect of an essential commodities act. section 10 of the said act indicates the persons who may be prosecuted where the contravention is made by the company. thus, the facts of the instant case is quite distinguishable to ..... bccl of which accused petitioner supplied 3495 pieces of self rescuers to different regional stores of bccl and submitted bills claiming import duty in respect of materials supplied. finance department of bccl believing the documents genuine made payment for 3495 pieces of self rescuers at the rate of 670per piece which included rs. 127/- as import duty ..... it is further alleged that out of the said 11,612 pieces of self rescuers, accused voltas ltd. was to deliver 3500 pieces to bccl, dhanbad and the finance department was to make payment. the voltas ltd. was informed by bccl ltd. vide letter dated 20.12.1985 to supply 3500 pieces of self rescuers to different .....
Tag this Judgment!Court : Jharkhand
Reported in : 2001(49)BLJR1058
..... petition are also admitted.3. the petitioner m/s. shivam coke (p) ltd. is, admittedly, a dealer within the scope and ambit of the bihar finance act, 1981. admittedly also, under section 7 of this act, the state government is empowered to grant exemption from payment of sales tax on purchase of raw materials. undoubtedly, a notification under the aforesaid ..... consideration of the relevant aspects of the matter, we find that the aforesaid communication dated 29.6.1999 has not been issued under any provision of the bihar finance act, 1981 or the rules made thereunder. apart from that a dealer who otherwise is entitled to grant of exemption and who, based on such exemption is entitled ..... section 7 of the act was issued on 22.9.1995 vide s.o. no. 478 whereby, subject to the terms and conditions contained therein, it was provided that the dealers .....
Tag this Judgment!Court : Jharkhand
Reported in : 2001(49)BLJR2067; 2001CriLJ4159
..... , k. nandanl, advocate and ors. 1995 cr lj 2917.7. obviously, notification has already been made in exercise of the powers conferred by section 6 of the delhi special police establishment act. 1946 and the state of jharkhand accorded the consent to all members of the delhi special police establishment to exercise powers and jurisdiction under the said ..... .t.c.c. to deposit the coal value and to lift the coal. it is further alleged that it was decided/recommended during a meeting held jointly by the director (finance) ccl ranchi, cgm argada area, ccl, sales officer, argada area, ccl, cgm (sales & marketing division) ccl, ranchi etc. to impose a penalty on m/s. c. ..... . cbi can only operate within the confines of a state, only if the state concerned has given an appropriate consent required to be given under section 6 of the delhi special police establishment act. 1946. the state of jharkhand was born on midnight of 14/15th november. 2000 whereas this fir was lodged on 15th november, 2000 and .....
Tag this Judgment!Court : Jharkhand
Reported in : 2002(50)BLJR2114
..... , only rs. 1000/- is left to be paid.4. the district superintendent of education (respondent no. 2) in his counter affidavit, has accepted that the government of bihar, from its finance department, issued letter no. 11656 dated 22nd december, 1999, wherein, under paragraph no. 5 (iv)(5) it was decided to pay family pension to the dependent, including the surviving parents ..... dated 24th december, 1998 seems to have been issued by the senior accounts officer, a.g. bihar, patna, to the district superintendent of education, dumka giving a reference to the finance department's resolution dated 3rd october, 1964, stating that the father, in terms of such resolution is not entitled for family pension on the death of daughter and the provisional .....
Tag this Judgment!Court : Jharkhand
Reported in : 2001(49)BLJR1658
..... appointed day, shali finally determine and allot the services of the persons who were serving the state of jharkhand.7. in exercise of powers under section 72(1) of the act, the central government issued an order relating to the officers who are to serve in the state of jharkhand. a copy of the order has ..... cum-controller, weights and measures, agriculture deptt. patna in the erstwhile state of bihar. the central government, in purported exercise of powers under section 72(1) of the bihar re-organisation act, 2000, issued a list of officers of various departments including agriculture department and directed them to discharge their duties in such capacity in the state ..... central government is the competent authority to take decision in the matter, it was pursuant to that order issued by the central government under section 72 of the act, the petitioner admittedly joined as joint director. agriculture in the state of jharkhand which was confirmed by the state of bihar also. in such .....
Tag this Judgment!Court : Jharkhand
Reported in : 2001(49)BLJR2173; 2001CriLJ4596
..... 2.2000 passed by the special judge. cbi dhanbad, whereby and whereunder he took cognizance for an offence under section 120b and 420 of the indian penal code and section 13(2) read with section 13(1)(d) of the prevention of corruption act.2. 'the short facts giving rise to this application that the first information report was lodged alleging therein that ..... offences mentioned above.5. the opposite party (cbi) filed the counter affidavit claiming therein that (hen-is no illegality in the order impugned as shri m.p. singh. area finance manager of bastacolla, bccl dhanbad got a letter issued with the connivance to the branch manager of dhanbad at 19.3.1994 served with a bill has been passed for ..... was sent to the petitioner by the said accused as well as on 19.3.1994 one of the directors of the petitioner had sent letter to the area finance manager on the same day instructing him to pay the amount of bill. it is further claimed that it was not correct that whole amount payable with interest to .....
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