Court : Jharkhand
Reported in : II(2007)BC166
..... case may be, to the holder in due course of the cheque, within fifteen days of the receipt of the said notice.7. by bringing about amendment of the amending act of 2002 tenure of punishment was increased and at the same time the period for issuance of notice by the payee to the drawer was increased from 15 ..... 30 days on the dishonour of cheque.8. similarly certain provision has been laid down under section 142 of the said act whereby and whereunder certain amendment was made by amending act of 2002. section 142 was amended to provide diseretion to the court to waive the period of one month, which has been prescribed for taking cognizance of ..... the case under the act (amendment act of 2002). section 142 of the act relates to cognizance of the offence which speaks as here under:142. cognizance of offenccs.-notwithstandmg anything contained in the code of criminal procedure,1973 .....
Tag this Judgment!Court : Jharkhand
Reported in : 2008(56)BLJR595; AIR2008Jhar86(FB)
..... state government as under:(a) milk commissioner(b) a representative of the state finance department.20.1.2. (vii) amended bye-laws:the board shall hold office for one full term as per the co-operative act, provided that the first board of directors shall be a nominated board consisting of the following:1. milk commissioner-chairman2. ..... be carried to reserve fund. 32.2. to contribute towards the educational fund of the bihar co-operative federation as and when required under the co-operative societies act. 32.3. an amount not exceeding 12% per annum shall be distributed as dividend on the paid up share capital. the balance amount of net profit, after ..... :on 23.11.2001, the secretary, department of animal husbandry and fisheries, government of jharkhand, issued an order under section 41 & 42 of the bihar re-organization act, 2000, declaring the federation (comfed) as the property of the state of jharkhand. by virtue of this order, the chief executive officer of the federation was directed .....
Tag this Judgment!Court : Jharkhand
Reported in : (2008)219CTR(Jharkhand)373; [2008]298ITR413(Jharkhand); [2008(1)JCR28(Jhr)]
..... , may be regarded as having received legislative approval, for we find that by section 6 of the taxation laws (amendment) act, 1975, sub-section (1) of section 23 has been amended and it has now been made clear by the introduction of clause (b) in that sub-section that where the property is let and the annual ..... result was reached in l. bansidhar and sons v. cit : [1993]201itr655(delhi) where however it was clarified that the position stood changed with effect from the 1976 amendment, after which the actual rent would be relevant only if it is higher than the standard rent. once again the decisions of this court in cit v. vinay bhart ..... deleted the addition under the head 'income from house property' by estimating the higher rent. this is how, reference has been made under section 256(2) of the act to this court for answering the questions quoted hereinabove.5. mr. binod poddar, learned senior counsel appearing for the assessee, firstly submitted that the tenanted premises in occupation of .....
Tag this Judgment!Court : Jharkhand
Reported in : (2008)217CTR(Jharkhand)233; [2008]298ITR109(Jharkhand); [2008(4)JCR709(Jhr)]
..... could have escaped the liability to penalty under section 271(1)(c). in order to plug the aforesaid loophole, explanation 5 has been inserted by the taxation laws (amendment act), 1984 with effect from 1st october, 1984. the newly inserted explanation 5 enacts deeming provision and have application to a situation where in the course of a search under ..... (2), may file revised return at any time before the assessment was made. this would be upto two years from the end of the relevant assessment year. the amending act 1987 has substituted a new sub-section (5) whereby limit of period for filing revised return has also been reduced to one year from the end of the relevant ..... and no refund or other adjustment shall be claimable by any other partner by reason of such direction.(4a) and (4b) omitted by tla act, 1975, wef 1-10-75.11. prior to taxation laws (amendment act), 1984 in section 271, an assessee, who was found to be the owner of any money, bullion, jewellery, etc. recovered during the .....
Tag this Judgment!Court : Jharkhand
Reported in : [2008(2)JCR174(Jhr)]
..... and 46 are very relevant in this regard, which are being reproduced as under:45. of all the different kinds of composite transactions the drafters of the forty-sixth amendment chose three specific situations, a works, contract, a hire-purchase contract and a catering contract to bring them within the fiction of a deemed sale. of these three, ..... of those goods by the person to whom such transfer, delivery or supply is made;18. in the light of 46th amendment the definition of sale within the meaning of section 2 (t) of bihar finance act, was amended.19. now, let us examine the decisions cited by the parties.the first decision cited on behalf of the petitioner is ..... on sale or purchase of goods other than newspapers, where such sale or purchase takes place in the course of interstate trade or commerce. prior to 46th amendment of the constitution, composite contracts like work contracts, hire purchase contracts and catering contracts were not assessable as contracts for sale of goods. by 46th .....
Tag this Judgment!Court : Jharkhand
Reported in : 2008(56)BLJR975; [2008(2)JCR85(Jhr)]
..... tribes in the order or include in or substitute any caste/tribe etc. therefore, 'scheduled tribes' as defined under article 366(25) and schedule as substituted by amendment act of 1976 are conclusive. though evidence may be admissible to a limited extent of finding out whether the community which claims the status as scheduled caste or scheduled tribe, ..... analogous cases, reported in 1994 (2) pljr 540, that lohars are not covered by article 322 part-iii of the scheduled castes and scheduled tribes order, 1950 (amendment act 1976). the decision overruled the earlier decision of the said court. he submitted that there is no iota of evidence to prove that the applicant is a member of ..... by law, include in or exclude from the list of scheduled tribes specified by the president. the list cannot be otherwise varied. it is for the parliament to amend the law and the schedule and include in and exclude from the schedule, a tribe or tribal community or part of or group with in any tribe or tribal .....
Tag this Judgment!Court : Jharkhand
Reported in : AIR2007Jhar34; [2007(1)JCR570(Jhr)]
..... may be presented to the district court by both the parties to a marriage together, whether such marriage was solemnized, before or after the commencement of the marriage laws (amendment) act, 1976, on the ground that they have been living: separately for a period of one year or more, that they have not been able to live together and that ..... marriage is dissolved by a decree of divorce, the court passing the decree shall give a copy thereof free of cost to each of the parties.14. similarly by cpc (amendment act, 1976) a new order xxxiia has been inserted to deal with certain suits and proceedings concerning the family. rule (3) of order xxxiia cast a duty on the ..... in derogation of, any other power of the court to adjourn proceedings.15. again section 89 has been inserted in the code of civil procedure by c.p.c. amendment act, 1999 with a view to implement the 129th report of the law commission of india and to make conciliation scheme effective. it is proposed to make it obligatory for .....
Tag this Judgment!Court : Jharkhand
Reported in : [2003(2)JCR749(Jhr)]
..... the petitioner and that suit was dismissed on the ground that the same was not maintainable in view of section 19 of the coal mines nationalization laws (amendment) act, 1986 (act 57 of 1986). an appeal has, been filed against the said decree by the petitioner and the same was also heard alongwith this writ petition though ..... of india, (1994) 6 scc 77. therein, the supreme court upheld section 19 of the coal mines nationalization laws (amendment) act, 1986. thus, we find that the constitutional challenge to section 19 of the amending act (act 57 of 1986) stands concluded against the petitioner by the decision rendered by the supreme court subsequent to the filing of this ..... value of the stock of coal was not included in the compensation indicated as payable in the schedule to the nationalization act. it was in that context that section 8 of the nationalization act was amended by the amendment act of 1986 and the following sub- section was added to section 8 :section 8(2) :--for the removal of .....
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 .....
Tag this Judgment!Court : Jharkhand
Reported in : AIR2009Jhar47; 2009(57)BLJR352; [2008(4)JCR420(Jhr)]
..... borrower a right to appeal against the action taken by the secured creditor under section 13(4) of the securitization & reconstruction of financial assets & enforcement of security interest act and by the amended act 30 of 2004 the right has been explained to elaborate that an application under section 17(1) may be made to the debts recovery tribunal along with such fee ..... .9. learned counsel for the petitioner argues that no such notification has been issued by the central government. leaned counsel for the respondents controverts by explaining that by introducing the amended provision to section 17(1) of the securitization act, and by prescribing the fees in respect of the application made to the debt recovery tribunal under section 17(1) of the .....
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