Court : Jharkhand
Reported in : [2005(4)JCR1(Jhr)]
..... settled that :(i) an elecror or a citizen has locus standi to challenge either the denial or debasement of his right of franchise;(ii) such denial or debasement presents a justiciable cause of action which is within the judicial protection under the 14th amendment;(iii) the right of franchise lies at the heart of the representative government and in a free democratic country, and it is too important and preciou to be stripped of judicial protection;(iv) one person one vote is the fundamental premise of the ..... keeping in view such statement of objects and reasons, a new part ix relating to panchayats was inserted in the constitution by the constitution (seventy-third amendment) act, 1982, comprised of article 243 to article 243-o. ..... the aforesaid decision of the supreme court as also the full bench's decision of patna high court were rendered prior to the constitution (seventy-third amendment) act, 1992 when for the first time. ..... after the constitution (seventy-third amendment) act, 1992, by which part ix comprised of articles 243 to 243-o was inserted, similar issue again fell for consideration before a division bench of patna high court in the case of krishna kumar mishra v. ..... , geography, economic, interests, or landscape; and(vii) the principle aforesaid are applicable to the elections of the federal and the state legislatures and down the line to the level of municipal election and the election of officials like country commissioners and school board trusteesxx.xx.xx.xx30. .....
Tag this Judgment!Court : Jharkhand
Reported in : [2005(3)JCR357(Jhr)]
..... amendment) act was enacted in 1964 and section 10-a was incorporated in the parent act. ..... of every lessee of mines or minerals, which was subject to a sub-lease, would, with effect from such date as might be notified in that behalf by the state government in the official gazette, vest in the state and thereafter the sub-lessee, whose lease was not subject to any further sub-lease, would hold his lease directly under the state government and the provisions of ..... cleared the forest areas comprising the said land in villages duni and pundi and had also commenced mining operations thereupon, when sometime in the month of january, 1993, forest officials visited the site of the said two villages and seized trucks and dumpers belonging to tata iron and steel company limited and even arrested some of its employees. ..... the ministry of coal, government of india, whereunder the central government declared that sub-section (1) of section 9 and sub-section (1) of section 16 of the 1957 act would apply to the area in relation to mining leases granted before 25th october, 1949, in respect of coal, with effect from the date of the publication of the notification in the official gazette, the lease may be brought in conformity with the provisions of the said ..... is being currently undertaken by the tata iron and steel company limited and no coercive steps will be taken against the tata iron and steel company limited or its officials or contractors, while carrying out such mining activity in the said areas. .....
Tag this Judgment!Court : Jharkhand
Reported in : 2008(56)BLJR1057; [2008(2)JCR47(Jhr)]
..... is made, under the provision of section 4 of act 1 of 1894 as amended by act xxxviii 1923 to all whom it may concern. ..... more than 10,000 families who are the members of the scheduled caste, scheduled tribes and other communities were dispossessed from their agricultural lands 45-50 years back under the provisions of land acquisition act when their lands were acquired in the year 1959-1962 for the purpose of construction of 4th steel plant at bokaro for erection of iron & steel, ancillary works and industries and on the ..... 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 acceptable to the parties, to formulate the terms ..... thought that awards made after the commencement of the amending act 68 of 1984 would be taken care of by the amended section 23(2). ..... acquisition judge, bokaro is decided then in all probability, other villagers who are covered by the land acquisition notification in the aforesaid 10 cases may file applications under section 28 of the land acquisition act before the special land acquisition officer, bokaro for enhancing the compensation amount and in that cases the liability to pay compensation may further increase. ..... also, lands of different villages were acquired by the government for construction of iron and steel plant at bokaro and (sic) that effect, notifications were issued in 1956 and 1964. .....
Tag this Judgment!Court : Jharkhand
Reported in : [2003(4)JCR73(Jhr)]
..... such excess @ 9% per cent annum from the date on which the collector took possession of the land to the date of payment of such excess into the court and by operation of the proviso to section 28 inserted by amending act, 1894, if such excess or any part thereof is paid into the court after the date of expiry of a period of one year from the date on which possession is taken, interest at the rate of 15% per ..... the ratio of both the cases aforesaid it has been observed by the apex court in the case of filip tiago de gama, (supra) which is quoted hereunder :'...........the amended section 23(2) by itself is not retrospective in operation section 30(2) of amendment act of 1984 which is a transitional provision provides that amended provisions of section 23(2) shall apply, and shall be deemed to have applied, also to, and in relation to, any award made by the collector or court between 30th april, ..... appears that the benefit of higher solatium under section 23(2) of the act as amended by the amending act, 1984 was made available in cases where the award was made ..... it has also been observed that what parliament intends to say is that the benefit of section 30(2) of the amending act will be available to an award by the collector or the court made between the aforesaid two dates or to an appellate order of the high court or a supreme court which arises out of the award of ..... act (hereinafter referred to as the said act) was issued on 2.12.1964 and a declaration under section 6 of the said act .....
Tag this Judgment!Court : Jharkhand
Reported in : 2007(2)BLJR2042; [2007(3)JCR292(Jhr)]
..... 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 ..... (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 ..... 28, under section 9(3) the central government can by notification published in the official gazette amend the second schedule to the 1957 act so as to enhance or reduce 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 ..... therefore;(c) the lessee shall pay, for every year, except the first year of the lease, such yearly dead rent [at the rates specified in the third schedule] [of the act] and if the lease permits the working of more than one mineral in the same area [the state government shall not charge separate dead rent in respect of each mineral ..... 1964]4scr461 , the supreme court considered the levy of fee upon the mine owners by enacting orissa mining area development fund act .....
Tag this Judgment!Court : Jharkhand
Reported in : [2006(3)JCR171(Jhr)]
..... noticed that consequent upon changes as incorporated in 73rd constitution (amendment) act 1992 to bring it in conformity with the purposes and substances of direction the new act of 1993 was enacted repealing 1947 act and 1961 act. ..... unless and until it is suspended by any appointment, notification, order, scheme, rule, by-law or form made or issued under the provisions so re-enacted, 1972 rules which were framed under section 8(1) of the 1960 act to the extent they provided for the minimum qualification of the teachers, evidently survived the repeal by the ordinance in the year, 1974 and by the ..... as aforesaid, and any such investigation, legal proceeding or remedy that might have been instituted, continued or enforced, and any such penalty, forfeiture or punishment that might have been imposed, as if this act has not been passed,(e) notwithstanding such repeal, anything done or any action taken in exercise of any power conferred by or under the said ..... 1977 the governor of bihar in exercise of power conferred by sub-section (1) of section 75 of the bihar panchayat samitee and zila parishad act 1961 made some amendments in bihar panchayat samitee and zila parishad (condition of service rules) 1964. ..... dated 9th april 1977 issued by the governor of bihar in exercise of power conferred by sub-section (1) of section 75 of the bihar panchayat samitis and zila parishad act, 1961, amendments have been made in the bihar panchayat samitis and zila parishad (condition of service) rules, 1964. .....
Tag this Judgment!Court : Jharkhand
Reported in : [2003(1)JCR218(Jhr)]
..... after creation of the state of jharkhand the legislature of the state came with a new amendment act called as 'bengal, agra and assam civil courts (jharkhand amendment) act, 2002' amending certain provisions of the act of 1887 in its application to the state of jharkhand. ..... state of bihar it appears that for the first time, while amending section 21 of the act by jharkhand amendment act, 2002, a proviso has been added which empowers the high court to decide or direct that any pending appeal or appeals filed before it at any time shall be transferred to the district judge or additional district judge and on ..... learned counsel submitted that admittedly the district courts who were not competent to hear these appeals prior to amendment act, 2002 and since that act had no retrospective operation, these appeals can not be transferred to the district courts. ..... debi prasad firstly submitted that all those pending appeals filed before the amendment act, 2002 came into force, should be heard and disposed of by this court instead of transferring those pending appeals to the courts of district and additional district judges ..... (4) the high court may, with the previous sanction of the state government, direct by notification in the official gazette, that appeals lying to the district judge under sub-section (2) from all or any of the decrees or orders of any mun-sifs shall be preferred to the court of such sub-ordinate judge as may be mentioned in the ..... additional district judges, air 1964 sc 489.6. .....
Tag this Judgment!Court : Jharkhand
Reported in : AIR2004Jhar143; [2004(4)JCR626(Jhr)]
..... in the case of rajendra kumar (supra) it has been observed that explanation viii of section 11 aforesaid inserted by amending act, 1976 had retrospective application and applied to all suits pending on the date of the enforcement of the amending act and the doctrine of res-judicata or constructive res judicata predominantly is a principle of equity, good conscience and justice and it would neither be equitable nor fair nor in accordance with the principles of ..... payments, for the purpose of recovery of amounts allowed, the claimant shall have to wait for disposal of all the claim cases and shall receive the amount, if any, in terms of section 23 of the nationalisation act for the purpose of recovery of any money allowed by the claims commissioners, a claimant cannot pursue any property other than the compensation deposited with the commissioner of payments................................................................jurisdiction of civil court will not (sic ..... 1 with the sanction of the board of directors passed by a resolution of the board of directors in the meeting of the board held on 28-12-1964 executed a deed of continuing guarantee on 4-1-1965 on terms and conditions mentioned therein and as per the terms of the said guarantee dated 4-1-1965 the plaintiffs were to ..... in the meeting of the board held on 28-12-1964 whereby and whereunder defendant no. ..... sanction of the board of directors passed by a resolution in the meeting of the board held on 28-12-1964 (ext. ..... : 2002 all lj 1964. .....
Tag this Judgment!Court : Jharkhand
Reported in : 2004(2)BLJR1611; [2004(4)JCR1(Jhr)]
..... the vesting of the estates or tenures in the state during the period commencing from the 25th day of september, 1950 and ending with the commencement of the bihar land reforms (amendment) act, 1953 (bihar act xx of 1954), shall always be deemed to have been validly issued, taken or done and shall not be called in question merely on the ground of non-compliance or irregular ..... difference between section 14 of the bihar private forests act and section 3(1) of the act and since the validating act did not retrospectively delete section 3(2) of the act as it stood prior to its amendment by act xx of 1954, the foundation of the judgment rendered by the supreme court had not been taken away and so long as there is no retrospective amendment or deletion of section 3(2) of the act, the requirement thereunder must be held to be ..... of the forests that had vested in the state at 60:40 with anandji kalyanji trust, was void in law, being opposed to the provisions of the bihar land reforms act; that otherwise, there was no reason to find against the agreement, that the agreement was valid and binding on the government and that the digambaris were estopped from ..... 1964, more than 10 years after the notification under the bihar land reforms act, eight persons describing themselves as followers of the swetambar murti pujak jain religions denomination, in their individual capacity and also in their capacity as the trustees ..... the brushing aside of the official correspondence and their legal effect. .....
Tag this Judgment!Court : Jharkhand
Reported in : [2005(1)JCR529(Jhr)]
..... 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 to be done on the basis of legislation to be made by it. ..... '.......the learned counsel 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. ..... a further prayer 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. ..... said that the crown does in certain cases establish with the consent of the parliament certain officials or bodies who are to be treated as agents of the crown even though they have the power of contracting, as principals. ..... the law which governs the management of hindustan copper limited are the labour laws including the industrial disputes act and in relation to their application for closure, the appropriate authority under the government of india, ministry of labour, by annexure 'b' granted them permission for such closure of the industrial establishment at mosabani mine with effect from 01.12. ..... commercial tax officer, visakhapatnam, 1964 (4) scr 99 at p. .....
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