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Judgment Search Results Home > Cases Phrase: metro railways amendment act 2009 section 12 amendment of section 23 Court: jharkhand Page 1 of about 642 results (0.126 seconds)

Oct 06 2016 (HC)

Padam Kumar Jain Vs. The Union of India Through the Ministry of Mines ...

Court : Jharkhand

..... government is fully satisfied that the lease in question is not a fit case for extension under section 8a(6) of the m.m.d.r. act, 1957, as amended vide amendment act of 2015. therefore, extension of lease in question is rejected.17. it is further submitted that the order not only suffers from procedural irregularity, ..... denial of extension is in spirit, passing the order of rejection of renewal application which is nothing but an attempt to circumvent the provisions of the amendment act, 2015. if even after amendment act, 2015, its object is not given effect to, it would amount to disregard the intention of the 8 legislature. in effect, the state government ..... the exercise of such power on the part of the state government after coming into force of the mines and minerals 2 (development and regulation) (amendment) act, 2015 (hereinafter to be referred as amendment act, 2015 ) and the judgment rendered by the apex court in the case of common cause versus union of india & ors in writ petition ( .....

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Oct 06 2016 (HC)

Ms Shah Brothers Through One of Its Partner Sri Raj Kumar Shah Vs. The ...

Court : Jharkhand

..... government is fully satisfied that the lease in question is not a fit case for extension under section 8a(6) of the m.m.d.r. act, 1957, as amended vide amendment act of 2015. therefore, extension of lease in question is rejected.17. it is further submitted that the order not only suffers from procedural irregularity, ..... denial of extension is in spirit, passing the order of rejection of renewal application which is nothing but an attempt to circumvent the provisions of the amendment act, 2015. if even after amendment act, 2015, its object is not given effect to, it would amount to disregard the intention of the 8 legislature. in effect, the state government ..... the exercise of such power on the part of the state government after coming into force of the mines and minerals 2 (development and regulation) (amendment) act, 2015 (hereinafter to be referred as amendment act, 2015 ) and the judgment rendered by the apex court in the case of common cause versus union of india & ors in writ petition ( .....

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Oct 06 2016 (HC)

Anil Khirwal Vs. The Union of India Through the Ministry of Mines and ...

Court : Jharkhand

..... government is fully satisfied that the lease in question is not a fit case for extension under section 8a(6) of the m.m.d.r. act, 1957, as amended vide amendment act of 2015. therefore, extension of lease in question is rejected.17. it is further submitted that the order not only suffers from procedural irregularity, ..... denial of extension is in spirit, passing the order of rejection of renewal application which is nothing but an attempt to circumvent the provisions of the amendment act, 2015. if even after amendment act, 2015, its object is not given effect to, it would amount to disregard the intention of the 8 legislature. in effect, the state government ..... the exercise of such power on the part of the state government after coming into force of the mines and minerals 2 (development and regulation) (amendment) act, 2015 (hereinafter to be referred as amendment act, 2015 ) and the judgment rendered by the apex court in the case of common cause versus union of india & ors in writ petition ( .....

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Feb 29 2008 (HC)

Uday Shankar Ojha and ors. Vs. Jharkhand State Election Commission and ...

Court : Jharkhand

Reported in : [2008(2)JCR249(Jhr)]

..... gazette of government of jharkhand on 14.1.2002 and called as 'ranchi municipal corporation (adoption & amendment) act, 2001. again, provision of ranchi municipal corporation (adoption & amendment) act, 2001 (amended vide municipal corporation amendment act, 2006) (act 4 of 2007), was published in gazette notification on 15.2.2007. by virtue of the said ..... rules, 2006 was published in extraordinary gazette vide notification dated 24.1.2007.29. section 8 of ranchi municipal corporation (amendment and adoption) act, 2001 was substituted vide amendment act of 1995 which reads as under:8. constitution of corporation.--save as provided in sub-section (3) all the seats ..... soren v. state of jharkhand . in that case, the writ petitioner challenged the provision of jharkhand municipal (amendment) act, 2006, and ranchi municipal corporation (amendment) act, 2006 and jharkhand municipal act, 2000 on the ground that the same cannot be extended by the state to the ranchi district including scheduled .....

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Sep 01 2015 (HC)

Dhaneshwar Prasad Vs. Sidhu Kanhu University,dumka and

Court : Jharkhand

..... the period for which such teacher is appointed extends beyond six months. sub section (2) of 1976 act was subsequently deleted by virtue of the bihar college service commission (amendment) act, 1996. the jharkhand state universities act, 2000 at section 57a lays down that the appointment of teachers of affiliated college not maintained by the ..... non requirement of consultation with the commission in terms of section 2 (ii) of the bihar college service commission act, 1976 is concerned, the same stood deleted by virtue of the bihar college service commission ( amendment) act, 1996. it has also been submitted by the learned senior counsel for respondent no. 5 that so far ..... person on any post without the prior approval of the state government. furthering his argument, mr. sinha submits that section 57a of the jharkhand state universities act, 2000 lays down that appointment of teacher of affiliated colleges not maintained by the state government shall be made by the governing body on the -4- .....

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Apr 28 2016 (HC)

Khushal Arjun Rathor Vs. Mines and Geological Survey

Court : Jharkhand

..... conditions of the lease as for instance, the postulated clearances/approvals/ consent in terms of sub-section (5) or (6) of section 8a of the amendement act, 2015. as is apparent from pleadings in the present case and undisputed by the parties, the lessee has not obtained the statutory clearances like environmental and forest ..... be maintained in respect of possession. learned senior counsel for the petitioner had raised the question relating to interpretation of provisions of section 8a of the amendment act,2015 to substantiate the prayer made in the writ application that the petitioner is entitled to treat his lease as valid for a period of 50 ..... to ensure compliance of the provisions of section 8(a)(3) of the mines and mineral(development and regulation)act, 1957 [ as amended by the mines and minerals(development and regulation) amendment act,2015] (hereinafter referred to as amendment act,2015). it sought quashing of the communication dated 15.6.2015 and 31.7.2015 which have denied the .....

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Aug 23 2006 (HC)

Central Coalfields Ltd. Vs. State of Jharkhand and ors.

Court : Jharkhand

Reported in : (2007)6VST614(Jharkh)

..... . director of chits, madras, 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's decision in the ..... is only an 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 the opinion that it was essential .....

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Apr 04 2007 (HC)

Adhunik Alloys and Power Ltd. and ors. Vs. Union of India (Uoi) and or ...

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 .....

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May 20 2005 (HC)

Jharkhand Party Through Its President Sri N.E. Horo Vs. State of Jhark ...

Court : Jharkhand

Reported in : 2005(2)BLJR1559; [2005(3)JCR448(Jhr)]

..... in order to cause harassment. it is not possible to give strict interpretation to rules 6 and 7 otherwise the very object of the constitution (fifty second amendment) act by which the tenth schedule was added would be defeated. a defaulting legislator, who has otherwise incurred the disqualification under paragraph 2, would be able to ..... that the action of the respondent no. 4 also attracted the provisions of article 164(1b) of the constitution which had been introduced by the 'constitution (91st amendment) act, 2003 which disqualified him to be appointed as a minister.11. mr. anand submitted that by not disposing of the complaint made on behalf of the jharkhand ..... no. 4 as a member of the jharkhand assembly on account of the provisions of the xth schedule which had been introduced in the constitution by the 52nd amendment. mr. anand submitted that in such a situation, the intervention of the court had become necessary, so that the constitutional provisions were not rendered ineffective.12 .....

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Aug 11 2017 (HC)

Ms Sahil Projects and Planning Private Limited Through Its Director Sa ...

Court : Jharkhand

..... as an arbitrator. in view of clause 64(7) of the arbitration agreement read with section 12(5) of the amended act, 2015 brought into effect on 23.10.2015, respondents could not have appointed officers of railways themselves to constitute the arbitral tribunal.4. learned counsel for the petitioner has placed the judgment rendered by learned single judge ..... principle behind incorporating such a neutrality clause has been explained in the judgment rendered by the hon'ble supreme court in the case of voestalpine schienen gmbh vrs. delhi metro rail corporation limited reported in (2017) 4 scc665 para 15 to 25.6. learned counsel for the petitioner has also relied upon order dated 3.2.2017 passed ..... and circumstances and the legal position, a fresh tribunal is to be constituted which is in consonance with the agreement between the parties and in the spirit of amended act 3 of 2016 to which they have agreed to governed by as well under clause 64(7).9. in that view of the matter, post the case on .....

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