Court : Jharkhand
Reported in : [2003(2)JCR13(Jhr)]
..... suit commenced and plaintiff appellant examined few witnesses. in the meantime the defendant respondent filed a petition purported to be under order xxxix, rules 1 and 2 read with section 151, cpc praying therein that they may be allowed to collect and remove the material (ash) from the site and restrain the appellant from interfering with that such removal ..... the ash which is residue of the slurry. 7. an injunction is a judicial process whereby the party is required to do or to refrain from doing any particular act. its main purpose is to preserve the subject matter of the suit in status quo for the time being. the relief for injunction is an equitable discretionary relief. ..... bar to the court in granting interim relief in mandatory form and in this respect it is urged on behalf of learned counsel for defendants that court has to act and exercise power according to fact and circumstances of case surrounding to it is the ownership is still in dispute as the main defence of defendants is that .....
Tag this Judgment!Court : Jharkhand
Reported in : [2003(2)JCR362(Jhr)]
..... vide notification no. 50715 e dated 24.9.1993 issued by the government of india, ministry of finance, department of revenue and in pursuant to sub-clause (2) of sub-section (2) of section 61 of the foreign exchange regulation act publishedin the gazette of india, the complainant has been duly empowered to file the present complaint petition ..... order dated 31st may, 2002, whereby and whereunder the. learned special judge took cognizance for the offences under section 56 of the foreign exchange regulation act, 1973 r/w sections 49(3) and (4) of the foreign exchange management act, 1999 in connection with case no. fema 2 of 2002.2. one complaint case has been filed against ..... shall be disposed of by the appellant tribunal constituted under this act;(c) every appeal from any decision or order of the appellate board under sub-section (3) or sub-section (4) of section 52 of the repealed act shall, if not filed before the commencement of this act, be filed before the high court within a period of .....
Tag this Judgment!Court : Jharkhand
Reported in : [2004]138STC121(Jharkh)
..... the respondents. the only issue involved in this case is as to whether the petitioner is engaged in any manufacturing process as is covered by section 2(n) of bihar finance act, 1981. actually, mr. jhunjhunwala submitted that the notification no. s.o. 95 dated april 4, 1994 defined and prescribed the extent ..... 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, ..... while dismissing the writ petition of the petitioner the division bench took into account the definition of the term 'manufacture' as occurring in section 2(n) of the bihar finance act, 1981 and taking into consideration the operational aspects of the manufacturing process carried on by the petitioner disagreed with the contention advanced on .....
Tag this Judgment!Court : Jharkhand
Reported in : [2003(2)JCR293(Jhr)]
..... of 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. till 14th ..... being sent to the state of bihar for use and consumption. the exemption notification s.o. 478, therefore, having been issued in terms of section 7(3)(b) of the bihar finance act, 1981, could not be invoked or made applicable with respect to inter-state sale because the inter-state sale is governed and regulated by the ..... to be 'law' either within the scope and ambit of section 2(f) of the act or even otherwise. we are saying so, because on the touch-stone of section 84 read with section 86 of the act, without the issuance of the requisite statutory notification (under the provisions of bihar finance act. 1981), the policy resolution of 1995 by itself was .....
Tag this Judgment!Court : Jharkhand
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 included .....
Tag this Judgment!Court : Jharkhand
Reported in : [2003(2)JCR386(Jhr)]
..... aspects of the settlements and finally comes to a conclusion at running page 138 that this was not a fit case for taking action under section 4(h) of the bihar land reforms act, 1950. the relevant portion of the report of the circle officer is quoted below :--^^mijksdrrf;ksa ds vkyksd esa ;g ekeyk fcgkj hkwfe ..... shri p.n, mishra, advocates.2. the writ petitioners pray for quashing of the entire proceedings in case no. 18 of 1986-87 under section 4(h) of the bihar land reforms act, 1950, the proceedings whereof are contained at annexure 30. by reason of the aforementioned proceedings, the respondents passed an order for annulment of settlement ..... had firstly made a report on 24.1.1988 (annexure-d to the counter affidavit) by which he recommended that jamabandi should be cancelled under the provisions of section 4(h). subsequently he again passed an order dropping the proceedings and therefore, being placed with two different contradictory reports, the additional collector had no option but .....
Tag this Judgment!Court : Jharkhand
Reported in : [2003(2)JCR188(Jhr)]
..... officer, agent or servant of the society; or(d) between the society and any other registered society; (or)(e) between a financing bank authorized under the provisions of sub-section (1) of section 16 and a person who is not a member of a registered society; such dispute shall be referred to theregistrar :provided that no ..... with respect to third party, such as the petitioner.the petitioner had merely purchased the property in question, from the cooperative society. neither section 41 nor section 48 of the act empowers the registrar or confers any jurisdiction upon him to decide any question relating to the legality and validity of the sell in favour of ..... restrained the petitioner, ordered to remove the transformer from the lands, in question, and asked show cause from the petitioner why it be not proceeded for criminal act;(ii) the order dated 19th august, 2002 passed by the registrar, cooperative societies.by this order, the registrar, cooperative societies held the transfer of land illegal .....
Tag this Judgment!Court : Jharkhand
Reported in : [2003(3)JCR501(Jhr)]
..... the plain reading of aforesaid rules, it will be evident that promotion from retrospective date can be granted but as on such promotion the financial liability involves, approval of the finance department is required to be obtained. as by the impugned orders have been passed, merely giving reference of rules aforesaid, without discussion of the situations, i hold the same illegal ..... done then in that circumstances, to consider regarding giving of scale the post of head master from that date. 10. it is stated that the petitioner has been working as acting head mistress since 1993. the respondent no. 4 shall consider and dispose off the said representation by a reasoned order, within two months from the date of receipt of the .....
Tag this Judgment!Court : Jharkhand
Reported in : 2003(108)LC48(Jharkhand); 2004(165)ELT280(NULL)
..... received the assent of the president. undoubtedly, therefore sub-section (2) of section 11ab makes the applicability of sub-section (1) prospective in nature.4. the learned counsel for the respondent has relied upon a judgment of the supreme court pronounced on ..... added in the central excise act, 1944 by the medium of insertion of finance (no. 2) act, 1996 and this insertion was made effective from 28.9.1996. sub-section (2) of section 11ab clearly and categorically declares that the provisions of sub-section (1) would not apply to the cases where it became payable before the date on which the aforesaid finance act no. 2 of 1996 .....
Tag this Judgment!Court : Jharkhand
Reported in : [2003(2)JCR225(Jhr)]
..... k. mukhopadhaya was merely allowed to officiate as a secretary and he was not a full fledged secretary duly appointed by the central government as contemplated under section 6 of the d.v.c. act. that being the position, he had absolutely no jurisdiction to issue the charge-sheet at all because not only was he not a regular secretary but ..... earlier l.o.i, placed on them. had it been so there was no necessity to invite fresh quotation and execution of new agreement. it is not clear why the finance also overlooked this aspect while giving their observation on the comparative statement (m-27). the contention of the charged officer that the order was placed on m/s. aicam ..... is not clear. whatever the reason may be, there is no scope of doubt that the work started much earlier than the date of accordance of technical sanction and the finance concurrence (m-26). it is clear departure from norm and practice. the charged officer shri r.c. prasad, being in charge of the area of work must have full .....
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