Court : Jharkhand
Reported in : 2008(56)BLJR458
..... petitioner that because of the omission of 9th schedule to the government of india act, 1935, including section 72 thereof, the criminal law of (amendment) ordnance, 1944, has not been kept alive but has ceased to be in force on coming into force the indian independence act on 15th august, 1947, cannot be accepted, in view of the fact ..... that by virtue of section 18(3) of the indian independence act, constitutionalists have kept that ordinance in force ..... in the schedule attached to g.g.o. 14, dated the 14th august 1947, this emergency ordinance had ceased to operate.a careful reading of the indian independence (adaptation of central acts and ordinances) order, 1948, which is g.g.o, 37 dated the 23rd march, 1948, will show that the intention was to keep alive not .....
Tag this Judgment!Court : Jharkhand
Reported in : [2006(3)JCR45(Jhr)]
..... illegal trade of kendu leaves and thereby committing forest offences, therefore the confiscation of her commercial vehicle was bad and illegal in view of section 52(5) of the indian forest act (bihar amendment) 1990, which speaks as follows:no order of confiscation under sub-section (3) of nay tools, arms, boats, vehicles, ropes, chains or any other article (the than forest produce ..... that in the seized truck, without any valid license kendu leaves were being transported in violation of section 5 of bihar kendu leaves (control of trade) act, 1973 punishable under section 16 of the said act. thereafter, a confiscation proceeding was initiated and then by annexure-2, the truck in question was confiscated by the authorized officer-cum-dfo by order dated .....
Tag this Judgment!Court : Jharkhand
Reported in : 2008(56)BLJR442; [2007(4)JCR639(Jhr)]
..... what has been enumerated above, the above question does arise which we refer to the hon'ble high court for its esteemed opinion.3. having regard to the subsequent amendments made in the act and also having regard to the fact that one policy decision was taken by the government in circular no. 279/126/98 dated 27th march, 2000, we do ..... facts and circumstances of the case the hon'ble tribunal has correctly interpreted the provisions of section 206 of it act with regard to the requirements of preparation and filing of statements prior to amendment and after the amendment (amendment was brought about by finance (no. 2) act, 1991 w.e.f 27.9.91 thereby cancelling the penalty of rs. 30,400 levied under section .....
Tag this Judgment!Court : Jharkhand
Reported in : II(2007)BC166
..... holder in due course of the cheque, within fifteen days of the receipt of the said notice.7. by bringing about amendment of the amending act of 2002 tenure of punishment was increased and at the same time the period for issuance of notice by the payee to ..... 1,90,000/- was issued on 5.3.2004 which were presented hy the opposite party no. 2 but dishonoured by the indian overseas bank and advice in respect of the dishonour of the cheques were issued. the complaint petition is silent as to on ..... rs. 1,90,000/- chaitali dutta(first party)4. all the three cheques were presented by the opposite party no. 2 in indian overseas bank, ranchi but all three were dishonoured and returned to the opposite party no. 2 with the advice that there was no ..... said amount of rs. 2,61,500/- the second party-petitioner issued three cheques in the manner stated below drawn on his bankers, indian overseas bank, ranchi and handed over the same to the first party-opposite party. 2.cheque no & date amount payee of the .....
Tag this Judgment!Court : Jharkhand
Reported in : 2008(56)BLJR595; AIR2008Jhar86(FB)
..... three years as over all incharge of a large dairy/food consumer products processing unit. should be a man of proved managerial competence, or an officer drawn from indian administrative service who shall be appointed by the state govt. in consultation with nddb shall only be necessary till the loan to nddb is repaid. 25.26. the ..... the state government as under:(a) milk commissioner(b) a representative of the state finance department.20.1.2. (vii) amended bye-laws:the board shall hold office for one full term as per the co-operative act, provided that the first board of directors shall be a nominated board consisting of the following:1. milk commissioner-chairman2. ..... been brought into existence. this must have regard to the memorandum of association and thes of the bye-laws.6. the next important case is pradeep kumar biswas v. indian institute of chemical biology and ors. reported in : [2002]3scr100 , in which the followings are the conditions:(a) the question in each case would be whether in .....
Tag this Judgment!Court : Jharkhand
Reported in : (2007)6VST614(Jharkh)
..... . director of chits, madras, 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 court's decision in the ..... is only an 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 of the opinion that it was essential .....
Tag this Judgment!Court : Jharkhand
Reported in : 2007(2)BLJR871; [2007(2)JCR99(Jhr)]
..... the appellant submitted that court fee amount should not be assessed in terms of article 1 of schedule ii of the court fees act, rather, it should be governed by article 9 of schedule ii as amended by bihar amendment act. the registrar general, disagreeing with the submission of the appellant, directed for payment of ad valorem court fee on the amount which is ..... governed by article 9 of schedule ii of the court fees act as amended by bihar amendment act, 1995.4. the state of bihar by various ordinances and act made necessary amendment in schedules 1 and ii of the court fees act. recently schedules i and ii of the act have been substituted by the court fees (bihar amendment) act, 1995 for its application to the state of bihar including .....
Tag this Judgment!Court : Jharkhand
Reported in : [2006(3)JCR518(Jhr)]
..... no. 358/05 1990-91 w.p.(t)no. 542/05 1991-92 w.p.(t)no. 533/05 1992-933. the petitioner, a company registered under the indian companies act, 1913, is engaged in execution of works contract, relating to commissioning of air-conditioning plants in various organizations. it also sells its air-conditioning machines. according to the ..... . the aforesaid provision has been bodily adopted by the state of jharkhand vide notification dated 15th december, 2000 and, thus, is applicable in the state of jharkhand.21. amended section 21(1) and newly substituted rule 13a recently fell for consideration before a division bench of patna high court in the case of larsen & toubro ltd. v. ..... (a)(i) in case of the works contract the amount of labour and any other charges in the manner and to the extent prescribed.19. rule 13a was also amended subsequently vide notification dated 1st february, 2000, which reads as follows:rule 13-a. deducation in case of works contract on account of labour charges -[if the dealer .....
Tag this Judgment!Court : Jharkhand
Reported in : 2009ACJ1159; 2007(2)BLJR2073; [2007(3)JCR362(Jhr)]
..... employment and was in the course of his employment. the deeming provision of section 51c, which came into force by way of an amendment effected by the employees' state insurance (amendment) act of 1966 (act no. 44 of 1966), enlarged the scope of the phrase 'in the course of employment' to include traveling as a passenger by ..... general shift, on way, he was shot at by some miscreants and died. the widow of the deceased filed application for compensation under the workmen's compensation act and the labour court awarded compensation. the said order was challenged by the employer-steel authority of india limited before this court. the division bench held that ..... the case lie in a narrow compass:claimant/respondent no. l being widow of late abid ansari filed claim application before the deputy labour commissioner, workmen's compensation act, claiming therein that her late husband abid ansari was a workman having staff no. m215585, working as operator, sintering plant(o) in the bokaro steel plant. .....
Tag this Judgment!Court : Jharkhand
Reported in : 2008(56)BLJR975; [2008(2)JCR85(Jhr)]
..... tribes in the order or include in or substitute any caste/tribe etc. therefore, 'scheduled tribes' as defined under article 366(25) and schedule as substituted by amendment act of 1976 are conclusive. though evidence may be admissible to a limited extent of finding out whether the community which claims the status as scheduled caste or scheduled tribe, ..... analogous cases, reported in 1994 (2) pljr 540, that lohars are not covered by article 322 part-iii of the scheduled castes and scheduled tribes order, 1950 (amendment act 1976). the decision overruled the earlier decision of the said court. he submitted that there is no iota of evidence to prove that the applicant is a member of ..... by law, include in or exclude from the list of scheduled tribes specified by the president. the list cannot be otherwise varied. it is for the parliament to amend the law and the schedule and include in and exclude from the schedule, a tribe or tribal community or part of or group with in any tribe or tribal .....
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