Court : Jharkhand
Reported in : (2007)6VST614(Jharkh)
..... , 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' ..... 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 ..... state legislature can only be done after satisfying the requirements of article 304(b). the statute i.e. assam taxation (on goods carried by roads and inland waterways) act, 1954, which was challenged in the case of atiabari tea co. ltd. (supra), was held to have put a direct restriction on the freedom of .....
Tag this Judgment!Court : Jharkhand
Reported in : [2008(3)JCR365(Jhr)]
..... patently show that the levy of entry tax is compensatory in nature for the following reasons:(i) the preamble of the act, after amendment by 2007 amendment act says that value added tax act is an act to provide for and consolidate the laws relating to value added tax on sale or purchase of goods and on entry ..... file to refer relevant provisions of jharkhand value added tax act, 2005 (in short 'vat act') and subsequent amendments made in the said act by jharkhand value added tax (amendment) act, 2007 (in short amendment act, 2007').6. in the vat act, 2005, preamble of the act reads as under:an act to provide for and consolidate the law relating to levy of ..... imposes limitations and restrictions in the free movement of goods.39. in course of hearing of the writ petitions, the state came with an amendment, namely, jharkhand value added tax act (amendment act. 2007). by the aforesaid amendment, sub-sections (4). (5), (6) and (7) have been inserted. according to sub-section (4), entry tax levied .....
Tag this Judgment!Court : Jharkhand
Reported in : 2007(2)BLJR1817; [2007(3)JCR385(Jhr)]
..... board of management: the board of management shall exercise the following powers and shall perform the following duties, namely:(a) frame, amend and repeal the statute/regulations in the manner prescribed under this act.xx xx xx(c) approve the recommendation for appointment of officers, teachers and other staff of a university in the manner prescribed; ..... to 62 years and the same was sent to the chancellor of the universities for his assent to the amendment of clause 13.3(2) of the statutes, as required under section 36(2) of the jharkhand state universities act, 2000.4. on the basis of the aforesaid letter dated 5th november, 2003 and the resolution, the ..... -section (3) no statute or amended statute shall have any validity unless it has received the assent of the chancellor and in terms of sub-section (4) every such statute has to be published in the government gazette. a conjoint reading of various provisions of the jharkhand agricultural universities act clearly embark upon the fact that .....
Tag this Judgment!Court : Jharkhand
Reported in : III(2006)ACC720; 2006ACJ2562; [2006(3)JCR10(Jhr)]
..... place:9. the word 'injury to any person, including owner of the goods or his authorized representative carried in a vehicle' has been inserted by virtue of 1994 amendment in the act (act 54 of 1994). a perusal of section 147(1)(b)(i) clearly shows that the insurer is liable to indemnify the owner of the goods vehicle against any ..... said award passed by the tribunal was however, reversed by the high court. the matter came to the supreme court. their lordships held that by reason of amendment made in section 147 of the act the position of gratuitous passenger has not been changed. however, their lordships following the earlier decision referred in asha rani case' (2003) 2 scc 223, ..... goods carrying vehicle along with his goods, for hire or reward.10. in the case of national insurance company ltd. v. baljit kaur (2004) 2 scc 1, the amended provisions of section 147 of the act has been considered by the supreme court and their lordships observed:it is, therefore, manifest that in spite of the .....
Tag this Judgment!Court : Jharkhand
Reported in : I(2003)BC366
..... mr. p.k. prasad for argument's sake to be correct that this petition shall be governed under the civil procedure code. then patna high court rules requires amendment as no original jurisdiction under the reconstruction act has been included and this court has got no original jurisdiction to entertain any such petition to be governed under the civil procedure code.'6. the learned single judge ..... , in the impugned judgment has taken notice of the fact that after the act of 1984 was repeated and new act. namely, industrial reconstruction bank of india act, 1995 was enacted, a petition for amendment was filed and the said amendment petition was allowed. sections 40 and 41 of the said act clearly prescribes that the high court within the local limits of whose jurisdiction the .....
Tag this Judgment!Court : Jharkhand
Reported in : [2004(1)JCR43a(Jhr)]
..... of 1938. the learned single judge has not considered the effect of the transfer of possession subsequent to the corning into force of the amendment act and the consequences flowing there-from. in the light of the decision of the supreme court referred to above, it must held that if other wise maintainable, the application ..... is seen that possession was taken by the auction purchaser only on 12.9.1938. in other words, the possession was taken after act 2 of 1938 amending sections 48 and 208 of the chotangapur tenancy act came into force. though it is contended on behalf of the contesting respondents that since the sale was prior to the coming into force ..... the application filed by the appellant was liable to be rejected. on behalf of the appellant it was pleaded that by virtue of the amendment brought about to sections 208 and 71-a of the act in the year 1986, the application became maintainable and the appellant was entitled to restoration of possession on the facts and in the circumstances .....
Tag this Judgment!Court : Jharkhand
Reported in : 2009(57)BLJR1420; [2009(2)JCR401(Jhr)]
..... the respondent is violative of section 126(1) and 126(6) of the electricity act, 2003 appears to be erroneous. it is further relevant to clarify that under the electricity amendment act, 2007 section 135(1-a) has been substituted/included in the electricity act, 2003 which is quoted as under along with the relevant proviso:(1-a) ..... without prejudice to the provisions of this act, the licensee or supplier, as the case may be, may, ..... be equal to twice the tariff applicable. under section 127 a statutory appeal is provided against a final order/assessment made under section 126 of the electricity act, 2003.6. i have clarified the aforesaid statutory provisions for the sole reason that in the instant case the matter is at the provisional assessment stage and .....
Tag this Judgment!Court : Jharkhand
Reported in : [2005(1)JCR529(Jhr)]
..... fourteen years in such manner as the state may, by law, determine. in other words, the aforementioned provision which has recently been inserted by the constitution (86th amendment) act, 2002 is dependent upon the state's governmental functions and casts a mandate upon them to regulate theimparting of compulsory education free of cost and such regulation is ..... was made that the state should be directed to take over the management of ram kanali middle-cum-high school under the provisions of the bihar secondary board (second amendment) act, 1980.3. in cwjc no. 321 of 1999 (r) [subject matter of l.p.a no. 552 of 2002], the petitioners therein prayed for similar reliefs ..... for the petitioners have also submitted that education is not only a part of the directive principles of state policy, but by reason of the 86th amendment to the constitution by the amendment act of 2002. 'article 21-a' has now been inserted making the right to education a fundamental right. article 21-a casts a mandate upon .....
Tag this Judgment!Court : Jharkhand
Reported in : [2003(2)JCR140(Jhr)]
..... held that prior to amendment act however, the societies were not so and accordingly a writ would not lie.12. in the instant case, therefore and as has already been held that after the 1989 ..... and ors. v. registrar, co-operative societies, reported in 1995 (2) pljr 397 wherein it has inter alia been held that section 66-b were inserted in the act by an amendment in the year 1989 by which certain class of societies did quality as state within the meaning of article 12 of the constitution of india. it has further been ..... the staff regulations, he is to superannuate on attaining the age of 60 years and not 58 years. the petitioner has further contended that in the year 1982 an amendment was made by which section 66b was inserted and which lays down that the state government was empowered either by special or general order to determine the nature and .....
Tag this Judgment!Court : Jharkhand
Reported in : [2003(2)JCR122(Jhr)]
..... . aforesaid objection has also been raised by the petitioner. their counsel relied on exception (4) to section 2(j) i.e. the amended definition of 'industry' substituted vide industrial disputes (amendment) act 1982 (act 46 of 1982), which reads, as follows : (j) 'industry' means any systematic activity carried on by co-operation between an employer and ..... courts to continue to give its shape.' 13. from the aforesaid discussion and decision of the supreme court, it is evident that the amended definition of 'industry' substituted vide amended act 46 of 1982 has not seen the light of the day i.e. not given effect having not published in the extraordinary gazette, therefore ..... at paragraph no. 3, the supreme court held as follows :-- 'this led the legislature to amend the definition of the word 'industry' in section 2(j) of the aforesaid act, through amending act in 1982 but left the said amendment to be given effect from the date to be notified by the government. since thereafter with the .....
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