Court : Jharkhand
Reported in : 2005(2)BLJR948; [2005(2)JCR184(Jhr)]
..... 1 and in stead approached industrial development bank of india which financed the loan with effect from 26.9.1978 ..... that when the plaintiff firm did not pay the dues, notice under sections 30 and 29 of the state financial corporation act, 1951 was given on 7.12.1981 and three months time was given for payment of the loan amount of rs ..... plaintiff executed and registered a deed of mortgage on 5th january, 1978 in favour of this defendant whereby the plaintiff mortgaged all the land and building standing on the land existing which were to be constructed after the grant of loan and all machineries which were existing and other machineries which were to be brought, on site by purchase after grant of loan as will appear from the deed of mortgage annexure 2 of the plaint. ..... the assets including 0.9 acres of land, etc. ..... 000/- and odd and hypothecated the liquid assets, etc. ..... 4,96,106.24 the total outstanding as on 1.10.1982 for which' the mortgaged assets were sold and has represented that unless the machineries etc. ..... an fir has been lodged on 21.2.1983 against the partners and the promotors of the plaintiff firm for removal of the machineries etc. ..... 636.25 or any sum at all to the plaintiff rather it is stated that in case the plaintiff will not return the machineries etc. ..... with regard to statement made in paragraphs 30, 31 and 32 of the plaint, it is stated that any other properties found in the factory premises was duly prepared in presence of witnesses and signed by the witnesses coalitar etc. .....
Tag this Judgment!Court : Jharkhand
Reported in : I(2003)BC366
..... petitioner/appellant namely, industrial development bank of indiainitially filed an application under section 40 of the industrial reconstruction bank of india act, 1984 [in short act of 1984] for an order to sell the properties as contained in schedules-a, b and c and for ad interim order of injunction restraining respondent no. 1 m/s. ..... learned counsel submitted that after the 1984 act was repealed and the new act, namely, industrial reconstruction bank of india act, 1984 was enacted, a petition was filed by the appellants before the learned single judge for treating the applicants' application as an application under section 40 of the new act which was allowed by the court.8. ..... to any other assistance given by the reconstruction bank or otherwise fails to comply with the terms of agreement with that bank, or (b) where the reconstruction bank makes an order under section 38 requiring the assisted industrial concern to make immediate repayment of any assistance granted to it and the industrial concerned fails to make any such repayment, then without prejudice to the provisions of section 39 of this act and of section 69 of the transfer of property act, 1882, any officer of the reconstruction bank generally and specifically authorised by the board in this ..... 1 is allowed to beimmuned from it because of the objection being filed the same should continue against the other non-contesting respondents and final order regarding sale, etc. .....
Tag this Judgment!Court : Jharkhand
Reported in : I(2005)BC438; [2005(1)JCR82(Jhr)]
..... this clause is applicable because the bank has never showed despite the request of the respondent any rehabilitation programme came from the bank; if the rehabilitation programme did not come from the bank in spite of the own admission and the report of the managing director of the adityapur industrial development authority then in that circumstances it will be difficult to find out from which date the interest ..... also its request for selling out the property was also not accepted, therefore if all these things were there then according to the own admission of the plaintiff the reserve bank of india's guideline will become applicable and these guidelines are enumerated in the plaint itself. ..... the appellant argued that interest at the rate of 6% as granted by the court below is highly illegal in view of the fact that in terms of the agreement the parties are bound by the terms of the contract and consequently the rate of interest would be what that was agreed upon and it will not be controlled by section 34 of the cpc, and consequently the courts should not have granted the repayment of the decretal amount in installments. ..... 1 being an industry within the meaning of industrial (development and regulation) act, 1951, so in declaring this unit sick under the provision of sick industrial company (special provision) act, 1985 certain orders were required in absence of ..... delivered some documents to secure due repayment of the loan amount with all agreed terms of interest, costs, charges etc. .....
Tag this Judgment!Court : Jharkhand
Reported in : II(2006)BC183; [2005(4)JCR346(Jhr)]
..... from the bank for running the affairs of the company and no attempt had also been made by the debts recovery tribunal to ascertain and quantify any amount ..... properties of the company under liquidation were in custodia legts and such fact was within the knowledge of the bank, it should have at least impleaded the company in liquidation through the official liquidator.27. apart from the above, we are also convinced with the submissions made on behalf of the tisco and the bihar state industrial development corporation have a good deal of force since neither of the two organisations had taken any loan ..... 2 of 1997, whereby the petition filed by the bank of india, chirkunda branch, dhanbad under section 19(4) of the recovery of debts due to banks and financial institutions act, 1993 was allowed ex parte with costs and interest pendente lite and future at the rate of 12 per cent per annum until full and final realization of the amounts. ..... , : [1999]3scr512 , wherein also it was observed that the high court should not, as a matter of course, grant stay of proceedings before the tribunal, as the very purpose of setting up tribunals would be lost.14. .....
Tag this Judgment!Court : Jharkhand
..... chemical laboratories reported in (2006) 9 scc252 to be added in para: disputed question cannot be gone into the hon'ble apex court in the case of city and industrial development corporation vs ..... hon'ble apex court in the case of city and industrial development corporation vs ..... all material facts; 13 (c).the petitioner has any alternative or effective remedy for the resolution of the dispute; (d).person invoking the jurisdiction is guilty of unexplained delay and laches; (e)ex facie barred by any laws of limitation; (f)grant of relief is against public policy or barred by any valid law; and host of other other factors ..... all material facts; (c).the petitioner has any alternative or effective remedy for the resolution of the dispute; (d).person invoking the jurisdiction is guilty of unexplained delay and laches; (e)ex facie barred by any laws of limitation; (f)grant of relief is against public policy or barred by any valid law; and host of other other factors ..... of maharashtra and others reported in (2011) 2 scc782 wherein the hon'ble apex court in paragraph 23 has held that it is well settled that ordinarily relief under articles 226/227 of the constitution of india is not available if an efficacious alternative remedy is available to any aggrieved person ..... . moreover as per administrative tribunal act, 1985, the central administrative tribunal can exercise jurisdiction of the ..... . mallik for his illegal act and as such there was reasonable apprehension that annexure 3 of the writ petition is also forged .....
Tag this Judgment!Court : Jharkhand
Reported in : III(2006)BC31; [2005(3)JCR307(Jhr)]
..... 2 of 1997, whereby the learned presiding officer allowed the petition, preferred by the 3rd respondent-bank of india, chirkunda branch, dhanbad (hereinafter to be referred as the 'bank') under section 19(4) of the recovery or debts due to banks and financial institutions act, 1993 (hereinafter to be referred as the 'act, 1993'), ex-parte with cost and interest pendente lite and future at the rate of 12% per annum until full and final realization of the ..... were also issued on two other defendants of the aforesaid suit, namely, bihar state industrial development corporation ltd. ..... that inspite of notice, nobody appeared on behalf of the company and the bihar state industrial development corporation ltd. ..... state industrial development corporation ..... 226 and 227 of the constitution, nevertheless, when there is an alternative remedy available, judicial prudence deems that the court refrains from exercising its jurisdiction under the said constitutional provisions.under the law, section 18 of the act, 1993 while bars jurisdiction of civil court and other courts, clearly exempts the bar of jurisdiction in the case of the high court, in exercising its power under articles 226 and 227 of ..... alleged that the act of the company and petitioners, who were defendants in the said case, was in violation of the terms and conditions of the loan agreement.the bank further alleged that the company and the petitioners, who were defendants, started selling movable assets, buch as, stock, stores, spares etc. .....
Tag this Judgment!Court : Jharkhand
Reported in : 2007(2)BLJR1153; [2007(2)JCR180(Jhr)]; (2007)7VST109(Jharkh)
..... the industrial policy of 1995 and consequential notifications, granting exemption for the industrial development of the state were issued in public interest i.e. ..... section 96 of the vat act further repealed the orders, notifications and certificates granted for availing the facilities by way of exemption for the new industrial units or the units which have undertaken expansion, modernization or diversification. ..... sales tax incentivessales tax benefits play an important role in attracting and directing investment and in sustaining industrial development in a state.16.1 sales tax on purchase of raw materials:new units will be allowed the facility of either 'set off' or 'exemption' at their choice, on purchase of raw materials within the state. ..... it has been mentioned that the government of india in consultation with the states decided to introduce value added tax. ..... sub-section (3) of section 7 of the act, which we have already considered in detail authorizes the state government rather gives a discretion to the state government that the state government may not notification and subject to such conditions or restrictions, as it may impose, exempt from the sales tax or purchase tax particular sales, etc. ..... etc. ..... )petitioner in this case is a private limited company, engaged in manufacture of sponge iron, lumps and fines etc. .....
Tag this Judgment!Court : Jharkhand
Reported in : AIR2006Jhar135; [2006(3)JCR525(Jhr)]
..... an appropriate notification under sub-section (4) of section 4 of the bihar & orissa municipal act, 1922 and to declare jamshedpur township as an 'industrial township', as envisaged under section 3(11a) of the said act and to appoint a committee to carry out the aims and object of the said act and to carry out the purpose of the act in the 'industrial township'.3. w.p.(c) no. ..... any law relating to municipalities in force in a state immediately before the commencement of the constitution (seventy-fourth amendment) act, 1992, inconsistent with the provisions of the said part, shall continue to be in force until amended or repealed by a competent legislature or other competent authority or until the expiration of one year from such commencement, whichever is earlier ..... the employees of the industries, developed around the town of jamshedpur, also ..... specifying that area to be an 'industrial township', in terms of proviso to clause 1(c) of article 243q of the constitution of india;(iv) if the governor having regard to the size of the area and taking into consideration the municipal services as being provided or proposed to be provided by an industrial establishment in that area and such other factors, as he may deem fit, is of the opinion that no notification under 'industrial township' is required to be issued, ..... area and, in fact, providing such facilities of water and waste management; planning, engineering and construction; power services; public health and horticulture services etc. .....
Tag this Judgment!Court : Jharkhand
Reported in : AIR2009Jhar105; 2009(57)BLJR1437
..... lease and all the applications received during the period as specified in the notification, shall be considered simultaneously as if received on the same date.sub-section 5 of section 11, by making out an exception to the provisions of sub-section 2 of section 11 reserves the right of the state government to grant mining lease to an applicant whose application was received later in preference to an applicant whose application was received earlier but in doing so, the state government has to record ..... steps for further expansion of its existing industry in the state of jharkhand.adverting to the legal aspects of the dispute, learned counsel would explain that the provisions of section 11(2) of the act only provides that an earlier applicant shall have the preferential right to be considered for grant of a mining lease over the later ..... cannot find fault with the decision of the state government, on its reference to the government's industrial policy and claiming the same to be irrelevant the industrial policy of the state assumes relevance since it lays down the manner in which the state decides to promote industrial development in the best interests of the state and its people.26. ..... under secretary to the government of india, ministry of mines, new delhi alongwith the state government's recommendation approving the grant of mining lease to the ..... , the secretary, ministry of mines, union of india, new delhi.on receipt of the petitioner's representation, ..... india ..... india ..... union of india and .....
Tag this Judgment!Court : Jharkhand
Reported in : 2012AIR(Jhar)83
..... comparing it with the act of 2011 and only difference is that earlier by separate notification a development fund was created, whereas under the act of 2011, for development fund, provision has been made under section 4 of the act of 2011, under the heading jharkhand trade development fund for utilization of it, exclusively for development of trade, commerce and industry in the state of ..... of goods into local areas for consumption, use or sale therein act, 1993 was repealed by section 96 of the jharkhand value added tax act, 2005 and entry tax was again levied by section 11 of the said jharkhand value added tax act 2005 on consumption, use or sale therein on some 17 goods ..... revenue and the clauses, providing for finance, aid, grants and subsidies to financial, industrial and commercial units, as provided under the trade development fund, cannot make the said fund as compensatory and creation of infrastructure for supply of electrical energy and water supply to industries, marketing and other commercial complexes is common burden and ..... , 2000 and as amended vide the jharkhand entry tax act on consumption, use or sale thereof (amendment) ordinance, 2001, (jharkhand ordinance2 of 2002) do not satisfy the requirement under article 301 read with article 304(b) of the constitution of india and section 3 of the said act was declared ultra vires and consequently it was also held ..... , use, capital etc but its payment ..... appropriate heads of accounts or in such bank account as notified in this behalf .....
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