Court : Jharkhand
Reported in : AIR2008Jhar60; 2008(56)BLJR412; [2008(1)JCR580(Jhr)]
..... commissions and establishment of appellate tribunal and for matters connected therewith or incidental thereto.7. the said act repealed the indian electricity act, 1910, the electricity (supply) act, 1948 and the; electricity regulatory commission act, 1998. however, the said act has saved some of the actions taken or purported to have been done, not inconsistent with the ..... entire value of the bill till september, 2006 to all the consumers.(iv) suddenly this tariff has been changed with retrospective effect, which amounts to amendment/revision of the tariff, and the same cannot be made effective with retrospective effect. the decisions in support are bihar chamber of commerce v. bihar ..... have been given on the excess consumption of the defined load factor.(xv) the contention of the petitioners that the tariff order 2003-04 has been amended (revised by the jserc) is completely misconceived.(xvi) the highest appellate tribunal for the electricity has decided the issue in the case of ajmer vidyut .....
Tag this Judgment!Court : Jharkhand
Reported in : 2008(57)BLJR34; [2008(4)JCR406(Jhr)]
..... every nation to adopt, measures constitutionally and legislatively to take adequate care of environmental aspect. pursuant to stockholm declaration the parliament introduced 44th constitution amendment bill 1976 whereby the protection and improvement of environment has become constitutional obligation of the state and citizens. article 48a was inserted in the ..... safeguard forest and wild life of the country17. on march 3, 1974 on receiving the assent from the president of the indian republic, the water (prevention and control of pollution) act, 1974 came into effect. the pollution is considered to be such contamination, alteration of property, could be physical, chemical ..... r.k. sinha, on the other hand has furnished his bio-data as annexure-a to the counter affidavit. he is m.sc. and belongs to indian forest service. he has obtained diploma in forestry from forest research institute, dehradun with subject silviculture, forest management, wood harvesting, biological and earth sciences, wood .....
Tag this Judgment!Court : Jharkhand
Reported in : [2004(3)JCR312(Jhr)]
..... the order was dictated, mr. ananda sen, learned counsel for the petitioner sought leave of this court to take recourse to the remedy available under section 68 of the bihar amendment to the indian forest act. it goes without saying that the petitioner has the liberty to take recourse to the provisions of the .....
Tag this Judgment!Court : Jharkhand
Reported in : [2006(4)JCR330(Jhr)]
..... schools to the teachers is reproduced herein below:dear teachers,rev. fr. provincial, the president of the governing body, has given the permission to make suitable amendment to our by-laws as the present by-laws are not comprehensive enough-though they arc all quite 'reasonable'- the governing body will elaborate them on ..... of retirement in the background of the circumstances, noticed hereinabove.7. with a view to support their contention, petitioners/interveners have placed reliance on guidelines of indian council for school certificate examination. these guidelines were adopted by the council in its 51st meeting held on 15th of november, 1996 and updated vide a ..... which also prescribed the date of retirement as 58 years.16. as noticed above, school is creation of a society registered under the society's registration act. it is an unaided school, meaning thereby that the government provides no financial assistance. it has its own bye-laws regulating its functioning. the jural relationship .....
Tag this Judgment!Court : Jharkhand
Reported in : [2008(3)JCR258(Jhr)]
..... raised on the basis of the provisions of order 8 of the code of civil procedure. rules 1, 5 and 10 of this order have been recently amended by the amendment act of 1976. we find nothing in these rules which will support the contention urged on behalf of the respondents. rule 1 merely requires that the defendant should ..... right to file counterclaim without filing a written statement. answering the question, the supreme court observed:26. a perusal of the abovesaid provisions shows that it is the amendment act of 1976 which has conferred a statutory right on a defendant to file a counter-claim. the relevant words to rule 6-a are-a defendant in a ..... to accept documents into evidence from the side of the defendant-petitioner who was debarred from filing written statement. order viii, rule 1 cpc as substituted by cpc (amendment) act, 2002 fixed time limit for filing written statement. according to this provision, defendants may and if so required by the court, shall within such time as may be .....
Tag this Judgment!Court : Jharkhand
Reported in : 2005(1)BLJR248; [2005(105)FLR244]; [2005(1)JCR479(Jhr)]
..... teaching and non-teaching employees of the universities/constituent colleges, continued to remain almost same, though sub-clause (a) of section 67, was amended vide jharkhand state universities (amendment) act, 2000 (act 6 of 2003) with effect from 6th may, 2003, relevant portion of which reads as follows :'67. retirement from service.-(a) notwithstanding anything ..... was issued on 12th november, 1999, wherein, it was initially decided to prescribe a minimum age of 18 years for appointment.20. so far as the indian majority act, 1875, as referred by the learned single judge, is concerned, there in no prohibition, made therein, for appointment of a minor in the services of ..... of the universities/ constituent colleges, even if a person was appointed while he was a minor and thereby any provision of the indian majority act 1875 and child labour (prohibition regulation) act, 1986 was violated, for that the employee can not be punished by reducing the age of his/her superannuation nor a notional .....
Tag this Judgment!Court : Jharkhand
Reported in : [2006(2)JCR449(Jhr)]
..... for consideration is whether the conditions of the sale notification issued in form 127 can be amended or modified by the authorities of the respondents for the purpose of grant of licence to trade in country liquor, spiced country liquor and indian made foreign liquor. a copy of the sale notification has been annexed as annexure i ..... as to whether licensee has right to surrender the licence or licences granted for carrying on business of sale of liquor.13. chapter vi of the bihar excise act, 1915 deals with' the licences, permits and passes. section 30 empowers the collector to prepare a list showing places where the collector proposes to grant licence ..... aforesaid circumstances, petitioner's notice of his intention to withdraw the licence needs consideration by the authorities in the light of provisions of section 44 of the excise act.20. in the facts and circumstances of the case, i dispose of this writ petition by passing the following order:(i) the government has exclusive privilege to .....
Tag this Judgment!Court : Jharkhand
Reported in : 2004CriLJ1356; [2003(4)JCR108(Jhr)]
..... 31st january, 2000 passed in confiscation case no. 7 of 1999, the authorised officer-cum-d.f.o., hazaribagh confiscated the vehicle, in question, under section 52 of the indian forest (bihar amendment) act, 1989, the petitioner moved in appeal case no. 1 of 2001, but it was rejected vide order dated 15th december, 2000 by the appellate authority-cum-deputy commissioner, hazaribagh ..... committed in the state of bihar (now state of jharkhand). the confiscation of the vehicle, in question, has been made under sub-section (5) of section 52 of the indian forest (bihar amendment) act, 1989. relevant provisions of which read as follows :--'(5) no order of confiscation under sub-section (3) of any tools, arms, boats, vehicles, ropes, chains or any other article .....
Tag this Judgment!Court : Jharkhand
Reported in : 2007(2)BLJR988; [2007(3)JCR510(Jhr)]
..... 12.1987 and as such, his promotion to the post of university professor cannot be taken away by the subsequent amendment of the act by insertion of section 58(10) of the bihar state universities act, 1976/jharkhand state university act, 2002 in view of the aforesaid two decision noted above.11. from careful perusal of the order contained in ..... and analogous cases reported in 2002(1) jcr 207 (jhr) has also held that the promotion given to a person as the university professor prior to amendment and insertion of section 58(10) of the bihar state universities act, 1976 cannot be taken away with retrospective effect nor the petitioner can be penalised on the basis of the said ..... amendment or negligence on the part of the commission.10. in the present case also, there is no dispute of the fact that the petitioner was given .....
Tag this Judgment!Court : Jharkhand
Reported in : II(2007)BC400; [2007(1)JCR10(Jhr)]
..... of his power under sections 25 to 28 (both inclusive).]6. section 30 of the recovery of debts due to banks and financial institutions act, 1993 as amended by amendment act 2000, according to which any person aggrieved by an order of recovery officer has a right to prefer appeal to the tribunal therefore, petitioner ..... has alternative efficacious remedy before the tribunal constituted under the act. it is well settled that when there is statutory remedy of appeal provided under the act then ..... to proceedings under articles 226 and 227 of the constitution or by filing a civil suit, which is expressly barred. even though a provision under an act cannot expressly oust the jurisdiction of the court under article 226 and 227 of the constitution, nevertheless, when there is an alternative remedy available, judicial prudence .....
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