Court : Jharkhand
Decided on : Aug-06-2008
Reported in : 2008(56)BLJR2722; [2008(3)JCR735(Jhr)]; (2009)IIILLJ669Jhar
..... the act applies to wages payable to an employed person and that too in respect of a wages period if such wages for that wage period do ..... 1 clause 6 of the payment of wages act, it has been categorically stated that the act would apply to an employed person in respect of wages period if such wages for that wage period do not exceed rs. 1600/- per month (enhanced to rs. 6500/- per month by the amended act of 2005).10. it is manifest from the above that ..... .however, mere availability of an alternative remedy will not prevent this court to exercise its powers under writ jurisdiction to interfere in cases where the impugned orders, suffer from patent illegality, which, if not interfered, would cause serious prejudice and infringement of rights of the aggrieved party.8. from the admitted facts of the case, the petitioners being .....
Tag this Judgment!Court : Jharkhand
Decided on : Jun-13-2008
Reported in : [2008(3)JCR365(Jhr)]
..... writ applications, 1 would first file to refer relevant provisions of jharkhand value added tax act, 2005 (in short 'vat act') and subsequent amendments made in the said act by jharkhand value added tax (amendment) act, 2007 (in short amendment act, 2007').6. in the vat act, 2005, preamble of the act reads as under:an act to provide for and consolidate the law relating to levy of value added tax on sales ..... 's case. it was further stated by the state that the quantifiable data on the basis of which the compensatory tax was sought to be levied has been facially and patently indicated in the manner which was necessary to augment the revenue of the state to compensate the expenditure to provide trading facilities including laying and maintenance of roads and provision .....
Tag this Judgment!Court : Jharkhand
Decided on : Apr-30-2008
Reported in : [2008(3)JCR242(Jhr)]
..... m.r.i. machines for nonpayment. next day. i.e. on 23.1.1998, they issued seizure notice on 23.1.1998.(xii) therefore, appellants filed amendment petition seeking inclusion of additional prayer for quashing the office order dated 23.1.1998 intimating for the seizure in the default of the payment. thus, they sought ..... before the learned single judge of this court.2. learned single judge dismissed the said writ petition. challenging the same, the petitioner-appellants filed the present letters patent appeal. the brief facts of the case are as follows:(i) the appellants established advanced diagnostic centre at ranchi. thereupon in the year 1986, they made an ..... of the appellants on the ground that the appellants had fulfilled the criteria laid down for complete duty exemption as per the notification issued under the customs act, on such recommendation, the government of bihar issued exemption certificate in favour of the appellant on 1.12.1986 granting exemption from custom duty in respect of .....
Tag this Judgment!Court : Jharkhand
Decided on : Sep-02-2008
Reported in : [2008(4)JCR622(Jhr)]
..... land was calculated at rs. 4,672/- and the learned single judge enhanced the amount to rs. 26,280/- by giving all benefits under the amended provision of sections 23 and 28 of the land acquisition act. the amount was enhanced at rs. 26,280 and finally calculated at rs. 2.02,507.11 p.4. now, the learned counsel appearing ..... 1. this appeal under clause 10 of the letters patent is directed against the order dated 21.11.1994 passed by the learned single judge modifying the decree passed in f.a. no. 24 of 1986(r) under the land acquisition act. it appears that the land measuring 1.46 acres belonging to the claimants/appellants were acquired in the year 1959 ..... for the appellants submits that there is some calculation mistake in the interest. we are afraid such mistake, if any, can be rectified by the court exercising letters patent jurisdiction to find .....
Tag this Judgment!Court : Jharkhand
Decided on : Feb-29-2008
Reported in : [2008(118)FLR78]; [2008(2)JCR408(Jhr)]; (2008)IIILLJ639Jhar
..... term 'employer' is defined in section 2(e) while the term 'workman' is defined in section 2(n) of the workmen's compensation act.8. the workmen's compensation act underwent an amendment by act 46 of 2000 whereby in the definition of 'workman' the words 'other than a person whose employment is of a casual nature and who is employed ..... appellant before the single judge in wp (c) no. 271 of 2003. the learned single judge dismissed the same by order dated 14.8.2003. hence this letters patent appeal. learned counsel appearing for the appellant contended that labour court should have decided as a preliminary issue as to whether or not 'satsang' is an industry and whether ..... to the question of jurisdiction, the jurisdiction issue does not come in this matter since the question that whether the respondent is a workman or workmen's compensation act would apply to the present facts of the case is concerned only depend upon the evidence to be taken before the labour court. counsel on both sides cited .....
Tag this Judgment!Court : Jharkhand
Decided on : Nov-12-2008
Reported in : [2009(1)JCR14(Jhr)]
..... prosecute the suit on the ground of default committed by the tenant in paying rent for the period long before the date of transfer. the transferee also sought amendment of relief portion in respect of such arrears of rent. the division bench of the patna high court observed:14. could the transferees obtain decree for eviction'? ..... the suit. in appeal filed by the defendant-tenant, the high court confirmed the decree passed by the trial court with certain modification. the tenant preferred a letters patent appeal which was also dismissed. the tenant then moved the supreme court. however, during the pendency of the appeal before the high court, it was brought on ..... disputed that the present petitioner purchasedthe property during pendency of the suit and without seeking leave of the court as required by section 52 of thetransfer of property act. the petitioner being a transferee-pendente lite without leave of the court cannot, as of right, seek impleadment as a party in the suits which are long .....
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