Judgment Search Results Home > Cases Phrase: spices cess act 1986 repealed Court: jharkhand Page 1 of about 544 results (0.030 seconds)

Vivek Rai, Vs. State of Jharkhand and Sunita Rai

Court : Jharkhand

Reported in : 2008(57)BLJR129; 2009CriLJ57

..... that of the stateit has further been held in that case that:it is true, as already pointed out, that on a question under article 254(1) whether an act of parliament prevails against a law of the state, no question of repeal arises; but the principle on which the rule of implied repeal rests, namely, that if the subject-matter of the later legislation is identical with that of the earlier, so that they cannot both stand together, then the ..... the proviso to article 254(2) the constitution has enlarged the powers of parliament, and under that proviso, parliament can do what the central legislature could not under section 107(2) of the government of india act, & enact a law adding to, amending, varying or repealing a law of the state, when it relates to a matter mentioned in the concurrent list. ..... f article 254 of the constitution of india or quashing has been referred to the division bench by the learned single bench of this court to consider 'as to whether section 4 of dowry prohibition act as amended by bihar act iv of 1976 stood repealed or modified in view of the subsequent amendment of section 4 of the dowry prohibition act by the parliament by act 63 of 1984?'3. ..... when parliament stepped in and enacted the central amendment act, it being a later law made by parliament 'with respect to the same matter', the west bengal amendment act stood impliedly repealed.19. ..... is that under the constitution parliament can acting under the proviso to article 254(2), repeal a state law. .....

Hari Bansh Lal Vs. State of Jharkhand and Ors.

Court : Jharkhand

..... or such earlier period, as may be notified by the appropriate government, continue to operate as if the repealed laws were in force with respect to such licences, authorisations, approvals, clearances and permissions, as the case may be, and thereafter such licences, authorisations, approvals, clearances and permissions shall be deemed to be licences, authorisations, approvals, clearances and permission under this act and all provisions of this act shall apply accordingly to such licences, authorizations, approvals, clearances and permissions; (c)the ..... (transitional provisions): notwithstanding anything to the contrary contained in this act, (a) a state electricity board constituted under the repealed laws shall be deemed to be the state transmission utility and a licensee under the provisions of this act for a period of one year from the appointed date or such earlier date as the state government may notify, and shall perform the duties and functions of the state transmission utility and a licensee in accordance ..... to section 172 of the electricity act, 2003 a state electricity board constituted under the repealed laws shall be deemed to be the state transmission utility and licensee under the provision of this act for a period of one year or the appointed date or such earlier date as state government may invite and shall perform the duties and function of the state transmission utility and a licensee in accordance with the provision of this act and rules and regulation .....

Shagun and Ors Vs. Health

Court : Jharkhand

..... 08/2016 under section 420/379/120b of the indian penal code and under section 66(b) & (d) of the information technology act against unknown accused persons. .....

Binod Kumar Yadav and Ors Vs. The State of Jharkhand Through the Chief ...

Court : Jharkhand

..... apparently, the respondents have acted in an arbitrary manner and without having an informed uniform decision, terminated the selection process. ..... in shankarsan case, the supreme court has held that the right of the government not to make appointment on an available vacancy would not mean that the state has the license to act in an arbitrary manner. ..... however, it does not mean that the state has the licence of acting in an arbitrary manner. ..... a decision to stop counselling has been taken at the district level and in absence of a clear guidelines by the department, they acted differently. .....

Ramanuj Prasad Vs. State of Jharkhand and Ors.

Court : Jharkhand

..... that, in case of violation of this agreement made by the tenant, the occupant of the premises (detailed below in the schedule) will be subject to eviction through the process of the bihar act 20 of 1956 and the remaining part of the contribution money deposited by the tenant will be forfeited. 14. ..... of violation of the terms of the agreement and as per clause 16 of the agreement, the petitioner was liable for eviction 8 through the process of the bihar (now jharkhand) government premises (allotment, rent, recovery and eviction) act, 1956. ..... the learned counsel appearing on behalf of the petitioner submits that the action of the respondent no.3 is contrary to the provision of section 4 of the bihar (jharkhand) government premises (rent, recovery and eviction) act, 1956. .....

Kartik Kumar Prabhat Vs. Personnel and Adminis Reform

Court : Jharkhand

..... (iii).on perusal of section 46 of the c.n.t act, 1908, which speaks about restrictions on transfer of their right by raiyat , it is quite explicit that the word resident as used in section 46 of the c.n.t act means one having a permanent place of abode and does not include temporary or occasional resident. ..... act and the petitioner in gross violation of section 46 and 48 of the c.n.t act gave permission for sale of tribal lands, therefore, action of the petitioner was actuated by malafide intention. ..... surfaced against the petitioner is concerned, the allegations have been enquired by the enquiry officer and alleged involvement of petitioner in transfer of land belonging to scheduled tribe has been made in violation of provision of section 46 and 48 of the c.n.t act. ..... menon ekka by granting permission for sale and purchase of land belonging to scheduled tribe in utter violation provision of of section 46 and 48 of the c.n.t act. .....

Misrilall JaIn and Sons and ors. Vs. State of Jharkhand and ors.

Court : Jharkhand

Reported in : 2007(2)BLJR2042; [2007(3)JCR292(Jhr)]

..... or a separate lease is obtained 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]: provided that the lessee shall ..... in all the writ petitions, petitioners' case is that they were time to time, granted mining lease as per the provisions of mines and minerals (development and regulation) act, 1957 (in short mmdr act), mineral concession rules, 1960 (in short mc rules) and bihar minor mineral concession rule now, jharkhand minor mineral concession rules 2004 (in short mmc rules) in respect of major ..... dead rent 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 year, dead rent at such rate as may be specified ..... the question that fell for consideration before the supreme court was whether the levy or imposition of cess on royalty under section 115 of the madras act could be justified or sustained either under entry 49, 50 or 45 of list ii of the seventh schedule and was and within the legislative competence of the ..... 1986) ..... 1986) .....

Narendra Kumar Verma Vs. Water Resources Department

Court : Jharkhand

..... accordingly, in view of section 85 of the act shall be applicable in the state of jharkhand unless repealed or superseded. ..... as per section 2 (g) of bihar reorganisation act, definition of law includes enactment, ordinance, regulation, order by law, rule scheme, notification or instrument having force of law. ..... thereafter, the petitioner sought information under right to information act. .....

Sarojini Kumari Vs. State of Bihar (Now Jharkhand) and ors.

Court : Jharkhand

Reported in : [2003(1)JCR606(Jhr)]

..... --(1) save as otherwise expressly provided by the foregoing provisions of this part, where any body corporate constituted under a central act, state or provisional act for the existing state of bihar or any part thereof has, be virtue of the provisions of part-ii of this act, became an inter state body corporate, then, the body corporate shall, on and from the appointed day, continue to function and operate in those areas in respect of which it was ..... the state submitted that these laws have been adopted by the state of jharkhand and until altered or repealed or amended that stand invoked in the state of jharkhand. 9. ..... for the respondents the management referring to section 66 of the bihar reorganization act, 2000 and provisions of section 10 (2) of the bihar non-government secondary schools (taking over of management and control) ordinance, 1980, which came into effect in the year 1981 and argued that this body is a corporate body and in view of section 66, of the bihar reorganization act, 2000, even after creation of the jharkhand state that body is functioning. ..... petitioner then argued that if it is so that atleast the names of the act would have been changed, but as it has not been done it indicates that this act has not been adopted. 10. ..... be applicable in this case because in his opinion schedule 9 gives exhaustive list of the corporations which has been protected under section 65 of the act and since this vidyalaya seva board is not mentioned in the ninth schedule of the act no. .....

Dasrath Prasad Agrawal Vs. State of Jharkhand and ors.

Court : Jharkhand

Reported in : [2008(2)JCR394(Jhr)]

..... 1973 (2 of 1974), the appropriate government or any officer authorized by it in this behalf may accept from any consumer or person who committed or who is reasonably suspected of having committed an offence of theft of electricity punishable under this act, a sum of money by way of compounding of the offence.provided that the appropriate government may, by notification in the official gazette, amend the rates.5. mr. ..... regard to the facts and circumstances of the case, i find that the electricity act, 2003 bears the provisions of compounding of offences as contained in section 152, electricity act, 2003 and section 185 of the said act contains saving and the repeal of the certain provisions of the old act as referred above. ..... is silent about the application of the new electricity act, 2003 in view of section 185 of the electricity act, 2003 which repeals the earlier enactment as referred to hereinabove. mr. ..... save as otherwise provided in this act, the indian electricity act, 1910 (9 of 1910), the electricity (supply) act, 1948 (51 of 1948) and the electricity regulatory commissions act, 1998 (14 of 1998) are hereby repealed. ..... , learned counsel for the petitioner submitted that on the face of the special statute vide electricity act, 2003 the petitioner cannot be prosecuted under general law for the offence under section 379, ipc ..... , learned counsel by way of reply submitted that section 185 of the electricity act, 2003 deals with repeal and saving clauses which speaks:repeal and saving. .....