Court : Jharkhand
Reported in : [2008(2)JCR659(Jhr)]; (2008)18VST333(Jharkh)
..... respectively filed before the tribunal and the joint commissioner.11. in 1984, section 46 of 1981 act was substituted by section 10(2) of the amendment act, 1984. section 10 of the bihar finance (amendment) act, 1984 reads as under:(10) amendment of section 46 of the bihar act, v, 1981 (part i).-(1) in sub-section (3) of section 46 of the ..... said act for the word 'sixty' the word 'ninety' shall be substituted.(2) for sub-section (4) ..... supreme court in the said decision. the case was under the orissa sales tax act. in the said act under section 23(4)(a) read with amended rule 80, the commissioner was vested with suo motu power to revise any order made under the act. the question that falls for consideration before the supreme court was whether the appellate .....
Tag this Judgment!Court : Jharkhand
Reported in : [2008(3)JCR689(Jhr)]
..... constructed a substantial structure or building on such holding or portion thereof before the commencement of the chota nagpur tenancy (amendment) act, 1969 (president's act 4 of 1969) he may, notwithstanding any other provisions of this act, validate such a transfer made in contravention of clause (a) of the second proviso to sub-section (1 ..... i see no arbitrariness or illegality in the impugned order of the district sub-registrar, chaibasa, refusing to register the said lease deed in favour of the indian oil corporation.17. the decisions relied upon by learned counsel for the petitioner in pandey oraon, veena rani ghosh and fulchand munda, (supra), interpreting the terms ..... on area 33 decimals of mauja gitilpi, thana no. 580, district west singhbhum in favour of indian oil corporation, for a period of five years, for running a petrol pump (fuel ratail outlet).2. the petitioner and the indian oil corporation (for short ioc) entered into the agreement and settled with the terms. accordingly, .....
Tag this Judgment!Court : Jharkhand
Reported in : 2008CriLJ1552
..... imprisonment for 3 years and fine of rs. 2,000/- respectively with default stipulations of imprisonment. finally he was convicted under section 17 of the criminal law amendment act, 1908 find sentenced to undergo imprisonment for 3 years and fine with default stipulation. sentences were directed by the trial court to run concurrently.2. the prosecution story ..... on 22.08.2005 for the offence under sections 386,307,333, 323 i.p.c., under section 25(1b) /26/27 arms act and under section 17 of the criminal law amendment act, 1908, the appellant was remanded to judicial custody on 23.8.2005.3. the police after investigation submitted charge-sheet against the appellant baleshwar ..... 5-aa/su(51)-22/2004-2444 in exercise of the power vested under section 16 of the criminal law amendment act, 1908. under the circumstances conviction of the appellant is upheld under section 17 c.l.a. act, 1908.23. in the facts and circumstances as well as the discussions made hereinabove, i find that the prosecution .....
Tag this Judgment!Court : Jharkhand
Reported in : III(2002)ACC594
..... of deductibility, if any. this leads us to an irresistible conclusion that principle of computation of the compensation both under the english fatal accidents act, 1846 and under the indian fatal accidents act, 1855 by the earlier decision, were restrictive in nature in the absence of any guiding words therein, hence the courts applied the general ..... where the claimant feels that he is entitled to more compensation than that claimed in the petition, it is always open to him to amend the claim petition and the tribunal should allow amendment if the same is in consonance with equity, justice and good conscience.5. in another case, the new india assurance co. ltd. ..... appears to it to be just'. use of these words, when the scope of determination of compensation which is neither under the indian fatal accidents act, 1855 nor under the english fatal accidents act, 1846...flemming has also expressed that the deduction or set-off of the life insurance could not be justifiable. when he uses the .....
Tag this Judgment!Court : Jharkhand
Reported in : [2009(1)JCR22(Jhr)]
..... in which truck in question was involved and hence, truck is liable to be confiscated under the provision of section 52 of the indian forest act (as amended by bihar amendment act, 1990). the said order on being challenged before the appellate authority and also before the revisional authority remained intact and consequently order passed ..... loaded boulders and the driver was arrested. the driver failed to produce any document and hence, a case was lodged under section 33 of the indian forest (bihar amendment act, 1990), act, 1927.3. subsequently, the matter was referred for initiation of confiscation proceeding before the divisional forest officer, who, in turn, made request ..... the driver. therefore, the matter needs tobe examined afresh by the confiscating officer in terms of sub-section (5) of section 52 of the indian forest act.17. for the reason aforesaid, this writ application is allowed and the impugned orders passed by the respondents-authorities as contained in annexures 3, 4 .....
Tag this Judgment!Court : Jharkhand
Reported in : [2008(2)JCR603(Jhr)]
..... under article 226 of the constitution, praying for striking down the various constitutional amendment acts, (i) constitution (eight amendment) act, 1959, (ii) constitution (twenty third amendment) act, 1969, (iii) constitution (forty fifth amendment) act, 1980, (iv) constitution (sixty second amendment) act, 1989 and (v) constitution (seventy ninth amendment) act, 1999, as ultra vires of the original article 334 of the constitution ..... and scheduled tribes in the house of the people and in the legislative assemblies of the states; and(b) the representation of the anglo-indian community in the house of the people and in the legislative assemblies of the states by nomination,shall cease to have effect on the expiration ..... and scheduled tribes in the house of the people and in the legislative assemblies of the state; and(b) the representation of the anglo-indian community in the house of the people and in the legislative assemblies of the states by nomination,shall cease to have effect on the .....
Tag this Judgment!Court : Jharkhand
Reported in : [2009(1)JCR299(Jhr)]
..... a substantial structure or building on such holding or portion thereof before the commencement of the chota nagpur tenancy (amendment) act, 1 969 (president's act 4 of 1969) he may, notwithstanding any other provisions of this act, validate such a transfer made in contravention of clause (a) of the second proviso to sub-section (1 ..... unreasonably long time during which third-party interests might have come into effect. thus, the test is not whether the period of limitation prescribed in the act of 1963 had expired, but whether the power under section 71-a was sought to be exercised after unreasonable delay.15. after giving our conscious consideration ..... building on such holding or portion thereof before coming into force of the bihar scheduled areas regulation, 1969, he may, notwithstanding any other provisions of the act, validate such transfer where the transferee either makes available to the transferor an alternative holding or portion thereof as the case may be, of the equivalent .....
Tag this Judgment!Court : Jharkhand
Reported in : [2004(4)JCR499(Jhr)]
..... have pleaded and proved a right of easement, to sustain the claim for the relief of mandatory injunction based on sections 32, 33, 35 and 36 of the indian easements act, 1882. and whether the plaintiffs have made out a case for relief on the basis that the construction made by the defendants was on the road margin or ..... opportunity to file an additional written statement in case the plaint is amended. the plaintiffs will take steps for appointment of survey knowing pleader commissioner for demarcation of the property and the parties may be given an opportunity to adduce further evidence ..... decree of the courts below direct the trial court to try and dispose of the suit afresh in accordance with law. the trial court will permit the plaintiffs to amend their plaint, if they are so inclined, and give them an oppor-lunily to identify the properties as indicated above. defendants 2 to 5 will also have .....
Tag this Judgment!Court : Jharkhand
Reported in : 2007(2)BLJR2189; [2007(3)JCR654(Jhr)]
..... control and appeal) rules also clearly provides that the appointing/controlling authority has power to put the government servant under suspension.11. even the provision of amended rule 49(a) of the bihar civil services (classification, control and appeal) rules does not confer any blanket power to any authority other than those ..... of other departments.8. learned counsel appearing on behalf of the state, on the other hand, reiterated their stand taken in the counter affidavits that the amended rule 49(a) of the bihar civil services (classification, control and appeal) rules confers power also on other authorities in addition to the appointing authority ..... before issuing the impugned order of suspension. learned counsel submitted that the respondents have not denied the said legal position, but have taken plea that by an amendment in rule 49(a) of the bihar civil services (classification, control and appeal) rules, issued by notification dated 24th june, 1991, besides the appointing .....
Tag this Judgment!Court : Jharkhand
Reported in : [2007(1)JCR94(Jhr)]
..... reported in : air1991sc998 and submitted that if amended provision only varies the form of restriction, which was already inherent in the original act, and since the principal act had the sanction of the president, it was not necessary to obtain the sanction of the president for the amending act. reliance was also placed on a supreme ..... additional restriction from the special point of view of article 304(b), which requires presidential sanction. it has already been pointed that while amending bihar entry tax act, 1993 vide jharkhand entry tax (amendment) ordinance, 2001 additional restriction has been imposed on different items, such as, 'coal' etc. in that background, we are ..... court's decision in the case of s. sundaram v. v.r. pattabhiraman reported in : [1985]2scr643 to suggest that no presidential assent is required if the act is amended or varied without putting any further restriction.25 .....
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