Court : Jharkhand
Reported in : 2007(2)BLJR1185; [2007(2)JCR357(Jhr)]
..... undertakes prospecting or mining operations in any area in which the minerals vest in a private person, it shall be liable, to pay prospecting fee, royalty, surface rent or dead rent, as the case may be, from time to time at the same rate at which it would have been payable under this act if such prospecting or mining operations had been undertaken by a private person wider prospecting licence or mining lease.] 32. ..... by sub-section (2), the central government undertakes prospecting or mining operation in any area the central government shall be liable to pay prospecting fee royalty, surface rent or dead rent as the case may be, the same rate at which it would have been payable under this act, if such prospecting or mining operations had been undertaken by a private person under a prospecting licence or mining lease. ..... a presumption against a repeal by implication for the reason that the legislature while enacting law or the authority framing the rule has a complete knowledge of the existing laws on the same subject matter and therefore when it does not provide a repealing provision, it gives out an intention not to repeal the existing legislation or the rule. ..... mining officer, chaibasa, for the first time, by letter dated 17.11.2004 disclosed about the aforesaid two notifications of the years 1962 and 1969 and in the same very letter, he informed the secretary, mines and geology department, government of jharkhand, ranchi that originals of those notifications are not available. .....
Tag this Judgment!Court : Jharkhand
Reported in : [2008(4)JCR206(Jhr)]
..... in respect of the suit premises were established and proved, remained conclusive and even though the plaintiffs after filing title appeal against the judgment and decree in the said suit, withdraw the same, finding of existence of relationship of landlord and tenant between the parties became final and conclusive in absence of any cross appeal preferred by the defendant against the trial court's finding.as ..... did not appear for pressing arguments.the lower appellate had considered that the essential issues involved in all the eviction title appeals were mainly the same namely, whether the defendants/tenants in each of the eviction suits were liable to pay rent to the plaintiffs/landlords, and whether the defendants had defaulted in payment of rent? ..... 60,000/-.learned counsel for the respondents counters this argument by clarifying that the order of analogous trial of the remaining eviction suits along with the same inter-pleader suit was passed by the district judge and that too on the prayer of the individual defendants/tenants and therefore, there was no illegality committed by the trial ..... suits had voluntarily prayed before the district judge for transfer of their respective eviction suits also to the same court so that they may be tried analogously with the inter-pleader suit and on their prayer being allowed, eviction suits were accordingly transferred to the same court of the subordinate judge.it is also observed that the learned trial court had considered the fact that .....
Tag this Judgment!Court : Jharkhand
Reported in : [2006(2)JCR146(Jhr)]; [2006]148STC190(Jharkh)
..... sales tax payable either jst or cst on the sale, excluding stock transfer or consignment sale out side the state, of finished products made out from such raw materials subject to a limitation of six months or the same financial year from the date of purchase of such raw materials.as under section 22 of bihar finance act, 1981 the state government is competent to adjust tax in certain cases in the interest of industrial growth, the benefit of 'set ..... 65 dated 12th january, 2002 and clause 28.1 of jharkhand industrial policy, 2001, meaning of both the provisions being same, no other interpretation of clause 28.1 can be made.19. .....
Tag this Judgment!Court : Jharkhand
Reported in : 2002(50)BLJR1251
..... the appointment of the administrator of the council being totally alien to the aforesaid act, the same being de hors the act and clearly being contrary to its specific and express provisions, is wholly and patently erroneous and illegal. .....
Tag this Judgment!Court : Jharkhand
Reported in : 2002(50)BLJR1260
..... to the provisions of law made by parliament but article 234 is not subject to any legislation to be made by the appropriate legislature, which indicates that so far as recruitment to the judicial service is concerned which is engrafted in article 234, the same is paramount and the power of the legislature to make law under article 309 will not extend to make a law in relation to recruitment, though in relation to other conditions of service of such judicial officers, the appropriate legislature can ..... it is further stated as soon as the state government came out with a reservation policy the same was intimated to the high court with a copy of the notification informating it that whenever any appointment is made under the provisions of jharkhand judicial service rules, the said reservation policy should be followed. ..... court and after following the procedure, selection of most suitable candidates have been made but the entire selection process has been stalled at the instance of the state on the misguided notion that the same should pass the test of its reservation policy.3. .....
Tag this Judgment!Court : Jharkhand
Reported in : [2004(3)JCR399(Jhr)]
..... the ib finally recommended departmental proceeding against the petitioner and has also forwarded draft charges and evidence for the same. .....
Tag this Judgment!Court : Jharkhand
Reported in : [2004(4)JCR354(Jhr)]
..... but at the same time, this court also finds that the aspect projected before the court in the litigation is an aspect touching on public interest or the relief prayed for is one in public interest. ..... 7 that the agreement is one for the future and that the central government can always restrict its operation is again an argument of the same feather. ..... the same cannot be conceded to, a private company or a private person as the policy now stands. ..... the same was bad and could not be enforced.4. ..... the position adopted by the union of india is also the same. .....
Tag this Judgment!Court : Jharkhand
Reported in : 2001(49)BLJR2084
..... government of jharkhand, with directions to him to examine the grievances and problems of the members of the force, as are raised in and form the subject matter of this petition, and to consider the same in the light of the provisions of 1947, act, statutory rules and regulations framed thereunder, executive or administrative instructions issued on the subject from time to time, as also the culture or ethos of the organisation, and thus to grant .....
Tag this Judgment!Court : Jharkhand
Reported in : [2003(4)JCR149(Jhr)]
..... against sales tax payable either jst or cst on sale, excluding stock transfer or consignment sale out side the state of finished products made out from such raw materials subject to a limitation of six months or the same financial year from the date of purchase of such raw materials.28.2 clause 13(i)(b) of the adopted bihar finance act, 1981 provides for two (2) rates of concessional sales tax on purchases of raw material and other inputs. ..... the contention of the learned counsel, for the department is that the company was one and the same; that it was the assessee; that it had only gone into diversification while it set up the cold rolling mill and it could claim the benefit of the industrial policy, 1995 in respect of the cold rolling mill, if it ..... (sc) , the supreme court held that if in the new undertaking, separate and independent production units were to come into existence in the sense of producing a distinct commercial product and the undertaking could be carried on separately, the same would not be treated as being formed by reconstruction of the old business. .....
Tag this Judgment!Court : Jharkhand
Reported in : 2004(52)BLJR149; [2004(1)JCR285(Jhr)]
..... which from that day became a part of the successor state of bihar, such person would continue to serve from and would be deemed to be a part of the establishment of the state of bihar and similarly, on the same reckoning and by adopting the same process of interpretation if, on the appointed day any person was serving in the territory which formed part of the state of jharkhand, he would continue to serve, but as a part of the establishment of the state of jharkhand, and ..... day is holding or discharging he duties of any post or office in connection with the affairs of the existing state of bihar in any area which on that day falls within any of the successor states shall continue of hold the same post or office in that successor state and shall be deemed, on and from that day, to have been duly appointed to the post or office by the government of, or any other appropriate authority in that successor state : provided that ..... sub-section (2) of section 72 in the same breath also lays down that the central government as soon as may be after the appointed day, shall by general or special order determine the successor sate to which every person mentioned in clause (1) shall be finally allotted ..... provisions as to continuance of officers in same post. .....
Tag this Judgment!