Court : Jharkhand
Reported in : (2008)217CTR(Jharkhand)144; [2008(1)JCR221(Jhr)]
..... any penalty impossible under sub-section (i) shall be imposed by the joint commissioner. 10. section 273b, which was inserted by taxation laws (amendment and miscellaneous provisions) act, 1986, however, provides that no penalty shall be imposed if the assessee proves that there was reasonable cause for the said failure. section 273b ..... mean a cause which is beyond the control of the assessee. 'reasonable cause' obviously means a cause which prevents a reasonable man of ordinary prudence acting under normal circumstances, without negligence or inaction or want of bona fides. before imposition of penalty under section 271, the assessing officer must be satisfied, ..... section 271d is not attracted unless the appellant proves that there was a reasonable cause for failure of compliance as contemplated under section 273b of the act. the appellate authority, therefore, affirmed the order of penalty. the assessee then preferred second appeal before the income-tax appellate tribunal. the tribunal .....
Tag this Judgment!Court : Jharkhand
Reported in : 2008(56)BLJR2175
..... denied the petitioners' appointments after their due selection on the ground of the provisions of jharkhand primary teachers' appointment rules, 2002, which was also subsequently amended, providing that the candidates who are to appear in the teachers' training examination and result of their teachers' training examination is expected to be published ..... before publication of the result by the jpsc are also eligible to apply. the said amendment in the rule clearly supports the provision for application even by those candidates, who completed teachers' training course before the date of submission of the ..... the same is applicable with prospective effect and is not applicable in the petitioners' case, who submitted their application forms much prior to the said amendment.(vii) rules and terms and conditions cannot be changed after the selection process has started vide the decision of the hon'ble supreme court in secretary .....
Tag this Judgment!Court : Jharkhand
Reported in : [2008(2)JCR484(Jhr)]
..... this sub-section shall not, in the first instance exceed three months, but the state government may, if satisfied as aforesaid that it is necessary so to do, amend such order to extend such period from time to time by any period not exceeding three months at any one time.(iii) when any order is made by district ..... 21 by speaking that no person shall be deprived of his life of personal liberty except according to procedure established by law.8. the bihar control of crimes act, 1981 (bihar act, 7 of 1981) was enacted to make special provisions for the control and suppression of anti-social elements with a view to maintenance of public order.9 ..... before the appropriate government.16. mr. sharma attracted the attention by submitting that the impugned orders passed by the state government under section 12(3) of the act confirming the preventive detention of the petitioner and the opinion expressed by the advisory board did not mention or whisper a word that the representation of the petitioner was .....
Tag this Judgment!Court : Jharkhand
Reported in : 2005(3)BLJR2172; [2005(4)JCR40(Jhr)]
..... could not be proved by the enquiry officer. subsequently, the petitioner filed an amendment petition during the pendency of this writ application which was allowed and by which he has further prayed for quashing the memo no. 603 dated 5.3.2004 ( ..... annexure 7) whereby the concerned respondents in stead of acting on the basis of the enquiry report submitted in the second enquiry, took a decision to initiate fresh enquiry (third enquiry) by appointing another enquiry officer.2. ..... (annexure 5) being the second successive enquiry despite the exoneration of the petitioner as far back as in the year 1993, and also for directing the respondents to act in accordance with the enquiry report submitted by letter no. 1452 dated 5.7.2004 (annexure 6) whereby even in such subsequent enquiry the charges levelled against him .....
Tag this Judgment!Court : Jharkhand
Reported in : 2004(1)BLJR145; [2004(1)JCR5(Jhr)]
..... qualification. petitioners cannot take the plea that they had no knowledge about the amended rule before they appear in the examination as it will appear from annexure-4 that respondents have notified in the newspaper dated 22.4.2003 to the effect ..... in the examination on 27.5.2003 i.e. much after the notification dated 6.3.2003 and therefore merely because the petitioners submitted thair applications before the amendment in rule 2 (iii) came into force they cannot claim their right to be considered for appointment against the post for which they do not possess requisite ..... in the case of the petitioners.8. mr. r.n. sahay, learned sr. standing counsel no. ii on the other hand, submitted that as per the amended rule the petitioners do not possess the requisite qualification for being appointed as primary teaches. learned counsel submitted that the petitioners have not challenged the notification dated 6.3. .....
Tag this Judgment!Court : Jharkhand
Reported in : [2009(1)JCR281(Jhr)]
..... petitioner was reverted to the post of assistant professor. the petitioner filed an interlocutory application bringing the aforesaid facts regarding the subsequent developments. his prayer for amending his original writ application to incorporate the facts relating to the subsequent developments and also to include a further prayer for quashing the annexures 9 and ..... same was not disturbed by the respondents and in view of the aforesaid facts and circumstances, the petitioner cannot claim that the respondents have committed any act of contempt of the lawful order passed by this court.5. annexure-b filed with the counter affidavit of the respondents is the purported 'reasoned order ..... to the m.c.i. regulations 1983 (annexure-12) which are regulations prescribed by the medical council of india under section 33 of the medical council act, 1966 and approved by the government of india vide notification dated 05.06.1971, regarding the qualifications required for appointment of a person to the post .....
Tag this Judgment!Court : Jharkhand
Reported in : [2009(1)JCR601(Jhr)]
..... therefore, be said that the petitioner is prevented by the principles of res-judicata from filing a second application after incorporating the additional prayer by way of amendment of their plaint. furthermore, since the plaintiffs have claimed to discharge their onus by adducing evidence in support of their claim that an area of two decimals ..... of his earlier prayer and the writ application was withdrawn by him without decision on merits, the withdrawal was made on account of petitioners' need to amend their plaint in order to incorporate a further prayer for declaring the entries in the revenue records as incorrect. unless the entry in the municipal records was ..... petitioners to approach this court to file a writ petition. pursuant to the orders passed by this court in the subsequent writ application, the prayer for amendment was allowed and the further prayer as mentioned above was incorporated in the plaint.6. learned counsel for the respondent-state submits that since earlier a similar .....
Tag this Judgment!Court : Jharkhand
Reported in : [2004(1)JCR335(Jhr)]
..... committee, whereby the appellant was promoted to the post of professor, anatomy department. during the pendency of the writ petition, the prayer of the respondent no. 1 for amendment of the writ petition was allowed and thereby the notification dated 3.4.2002 promoting the appellant to the post of professor, department of anatomy in m.g.m. ..... respondent no. 1 filed objection thereto on 10.11.2001.5. the jharkhand government thereafter published the final seniority/ gradation list on 10.1.2002, which was subject to amendment/correction in accordance with the final cadre division.6. the name of appellant was again shown at sl. no. 4 and that of respondent no. 1 at sl. ..... debarred for five years' of further promotion, which period continued up to 21.5.1999. so the notification dated 24th june, 1988, and 2nd may, 1994, were not acted upon and as such she cannot claim seniority on the basis of such notifications. on the other hand, the date of appointment/promotion of the respondent no. 1 as .....
Tag this Judgment!Court : Jharkhand
Reported in : AIR2010Jhar23
..... to settlement of the unit to respondent no. 3, the order of settlement dated 3.5.2007/10.5.2007 was sought to be quashed by way of amendment petition.5. learned counsel appearing for the petitioner submits that once the tender was invited much before the circulation of one time settlement scheme and the petitioner did submit ..... . : [1993]2scr149 it has been held that the high court while exercising its jurisdiction under article 226 of the constitution cannot sit as an appellate authority over the acts and deeds of the corporation and seek to correct them and that the doctrine of fairness evolved in administrative law was not supposed to convert the writ courts into appellate ..... to secure the best price for the property. this observation seems to have been made in the perspective of the provisions as contained in section 29 of the act as the financial corporation is accepted to exercise its right fairly and reasonably but at the same time it has been observed as to whether action of the .....
Tag this Judgment!Court : Jharkhand
Reported in : [2008(4)JCR539(Jhr)]
..... consequently receiver was appointed.2. the fact giving rise this application is that cbi filed an application on 29.8.1996 under section 3 of the criminal law (amendment) ordinance stating therein that one dr. gouri shankar prasad while was serving as district animal husbandry officer, chaibasa and also in other capacities, was found indulging ..... or in the name of these petitioners or in other name by ill gotten money by committing scheduled offence an application under section 3 of the criminal law (amendment) ordinance for attaching the property was filed.9. it was further submitted that during investigation, it was found that the petitioner, who are the sons of gouri ..... effected validly upon the petitioners and in that view of the matter order making ad-interim attachment absolute in terms of section 5(1) of the criminal law (amendment) ordinance seems to be quite justified. 13. consequently, i do not find any illegality with the order appointing receiver. thus, i do not find any merit .....
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