Court : Jharkhand
Reported in : [2003(1)JCR595(Jhr)]
..... state of bihar in the year 1956, under the bihar land reforms act, 1950 (bihar act 30 of 1950). disputes and differences arose between the then government of bihar and the company regarding the operation and effect of the bihar land reforms (amendment) act, 1972. the company filed a writ application in the supreme court ..... implementation of the act against the company. subsequently, in view of enactment of the bihar land reforms (amendment) act, 1982, the company withdrew the writ petition, having accepted that ..... (original jurisdiction) bearing no. 201 of 1973 challenging the validity of the act, wherein stay orders with certain conditions were granted by the supreme court staying .....
Tag this Judgment!Court : Jharkhand
Reported in : 2005(1)BLJR542; [2005(1)JCR395(Jhr)]
..... appellant/central coalfields ltd, is not bound by central government letter whereby decision was taken for payment of solatium and interest as provided in the amended provisions of land acquisition act.7. mr. b.n. dey, learned counsel for the claimants/respondents on the other hand submitted that the land was being acquired by the ..... the government of india addressed to the chairman, coal india limited to the effect that the central government took a decision taking into consideration the amendment made in the land acquisition act, to pay additional compensation, solatium and interest was proved and exhibited. relying upon the said decision of the central government, the learned single ..... were removed and land loosers were not put to any discrimination. the central government has since taken a decision in principle to amend the c.b.a. act, in line with the l.a. act, and necessary consultation in this regard are already on with the concern ministries of the govt. of india. it will however, .....
Tag this Judgment!Court : Jharkhand
Reported in : [2008]301ITR333(Jharkhand); [2008(1)JCR357(Jhr)]
..... -tax act to provide that such loss shall not be allowed to be carried forward and set off unless such loss is determined in pursuance of a ..... 72 or sub-section 2 of section 73 or section 74 or sub-section (3) of section 74a. the taxation laws (amendment) act, 1984 (act 67 of 1984) amended section 80 which came into effect from 1st april, 1985. as a result of amendment of section 80, the determination and carry forward of the loss in case of a belated return is not mandatory. a ..... 80 of the income-tax act relating to submission of return for losses, no loss is allowed to be carried forward and set off under section (72(1), 73(2), 74(1) or 74a(3) unless such loss has been determined in pursuance of a return filed under section 139 of the act.14.2 the amending act has amended section 80 of the income .....
Tag this Judgment!Court : Jharkhand
Reported in : [2003(2)JCR202(Jhr)]
..... . before appreciating the submission made by the learned counsel i would like to refer some of the relevant provisions of the act as amended by land acquisition (amendment) act, 1984, section 23 of the act requires the court to take into consideration six factors which are mentioned therein for determining the market value of the land. ..... the compulsory nature of acquisition by way of solatium.7. section 23(1-a) was inserted and section 23 was also amended by the amending act, 1984. by virtue of section 30 of the amending act an independent transitional provision has been made which reads as under :'30. transitional provisions.--(1) the provisions of sub-section ..... their lordships observed that obligation to pay additional amount under section 23(1-a) did not exist prior to enactment of the said provision by the amending act. if such provision is applied, the acquisitions proceedings which commenced prior to its enactment and additional obligation in the matter of payment of compensation is .....
Tag this Judgment!Court : Jharkhand
Reported in : 2007(2)BLJR1185; [2007(2)JCR357(Jhr)]
..... the power to reserve any area for exploitation by public sector undertaking, the said notification became nonest and stood repealed after the rule 58 was omitted by amendment act of 1987 which has no saving clause. i am unable to accept the submission of the learned counsel.41. there is a presumption against a repeal ..... by notification, can reserve any area for exploitation by the government, a corporation established by the central government, state or provincial or government company. in 1987, by amendment act 37 of the 1987, section 17a was inserted, whereby it was provided that the state government, before reserving any area for mining operation through a government company ..... that no prospecting licence or mining lease shall be granted in respect of any land specified in the notification. 31. in 1987 by amendment act 37 of 1987 section 17a was inserted in the act. section 17a reads as under:17a- reservation of area for purposes of conservation: (1) the central government, with a view to .....
Tag this Judgment!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 : [2007(1)JCR94(Jhr)]
..... 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 .....
Tag this Judgment!Court : Jharkhand
Reported in : 2007(2)BLJR1153; [2007(2)JCR180(Jhr)]; (2007)7VST109(Jharkh)
..... authorizes the commercial taxes authorities to prescribe the procedure and condition for extending sales tax incentives to the industrial units. this clause does not even remotely suggest amendment or revocation of the industrial policy at any stage. on the contrary this clause tends to facilitate the grant of incentives. the procedure and conditions to be ..... the negative list may be altered by the government from time to time. after establishment of the industry, edible oil was brought on the negative list by amending s.r.o. 93. this was in view of the judgment of the hon'ble supreme court in another case where exemption to local industries was held ..... 1535 of 2006) challenging the order of rejection and vide interlocutory order dated 29th june, 2006 amendment was allowed. accordingly, the order dated 5th may, 2006 is also under challenge. challenge to the aforementioned notifications and the provisions of the vat act is many fold. to sum up:(i) impugned notification nos. so. 201 and s.o .....
Tag this Judgment!Court : Jharkhand
Reported in : 2007(2)BLJR2724
..... (s). if preferred against such judgment(s) and award(s). such decision were been taken in public interest.section 89 was inserted by code of civil procedure (amendment) act, 1999 with, effect, from 1st july, 2002 and provision was made enabling the court to find out, if there exists element of settlement, which may be ..... for 4th steel plant with such offers, assurances and promises about 44000 acres of land was acquired by issuing notification under section 4 of the land acquisition act for erection of iron & steel plant for public purposes at the public expenses. ultimately the central government agreed to the assurances and promises of the state ..... were prepared in favour of different claimants and many of them, being dissatisfied with the award amount, moved for reference under section 18 of the land acquisition act. on similar issues, judgments having already been delivered by division bench of this court (ranchi bench of patna high court), following those judgments, the land acquisition .....
Tag this Judgment!Court : Jharkhand
Reported in : 2007(2)BLJR2042; [2007(3)JCR292(Jhr)]
..... in respect of that mineral.(2a) the holder of a mining lease, whether granted before or after the commencement of the mines and minerals (regulation and development) amendment act, 1972, shall not be liable to pay any royalty in respect of any coal consumed by a workman engaged in a colliery provided that such consumption by the ..... to be paid by the lessee (1) the holder of a mining lease whether granted before or after the commencement of the mines and minerals (regulation and development) amendment act, 1972, shall notwithstanding anything contained in the instrument of lease or in any other law for the time being in force, pay to the state government, every year, ..... the rate at which royalty is payable and similarly under section 9a(2) the central government can, by notification published in the official gazette, amend the third schedule to the 1957 act so as to enhance or reduce the rate at which dead rent is payable. under section 28, every rule and notification made by the central .....
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