Judgment Search Results Home > Cases Phrase: the kerala advocates welfare fund act 1980 1 Court: jharkhand Page 1 of about 76 results (0.161 seconds)

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 words of the court: the law may, therefore, now be taken to be settled as a result of this decision, that where the government makes a promise knowing or intending that it would be acted on by the promisee and, in fact, the promisee, acting in reliance on it, alters his position, the government would be held bound by the promise and the promise would be enforceable against the government at the instance of the promisee, notwithstanding that there is no consideration for the promise and the promise is not recorded in the form of a formal contract as required by article 299 of ..... area- (a) which was previously held or which is being held under a prospecting licence or a mining lease; or (b) in respect of which an order had been made for the grant of a prospecting licence or mining lease, but the applicant has died before the grant of the licence or the execution of the lease, as the case may be; or (c) in respect of which the order granting a licence or lease has been revoked under sub-rule (1) of rule 15 or sub-rule (1) of rule 31; or (d) in respect of which a notification ..... case, the government, by the original notification issued under the kerala general sales tax act, 1963 granted exemption for expansion in the manufacture ..... 16th november, 1980, rule 58 was substituted and it was provided that the state government, by notification, can reserve any area for exploitation by the government, a corporation established by the central ..... involvement in employees welfare and social .....

Shrenik Bhai Kasturbhai and ors. Vs. Ganpat Rai JaIn and ors.,

Court : Jharkhand

Reported in : 2004(2)BLJR1611; [2004(4)JCR1(Jhr)]

..... therein, their lordships have held that there was no conflict between a notification published under section 3(1) of the act and a notification under section 3-a of the act and that the combined effect of sections 3 and 3-a was that the general notification issued under section 3-a of the act, would not affect the estate and tenure that had passed to and become vested in the state under section 3 of the act, it will affect only such tenures and estates which were not covered by any notification issued previously ..... . of course, now that the forest conservation act, 1980 has also intervened, no construction can be put up in the parasnath hill forest, without the prior consent of the central government as envisaged by section 2 of the conservation act ..... . 9(a) entered into by anandji kalyanji with the state government was one that would tend to defeat the provisions of the land reforms act or is a fraudulent attempt to get over the effect of a welfare legislation like the bihar land reforms act or that it was one opposed to public policy ..... in our view, having regard to the facts and circumstances of the case as also the request of the learned advocates, it would be proper to re-hear the entire matter. ..... . it is also clear from the decisions that the land which had become the property of the state could not be given away except for its market value, if it was permissible on the scheme of the act [see state of kerala v. m.b .....

Tata Steel Ltd. and ors. Vs. the State of Jharkhand and ors.

Court : Jharkhand

Reported in : 2007(2)BLJR1153; [2007(2)JCR180(Jhr)]; (2007)7VST109(Jharkh)

..... orders and appointments made and notifications published, certificates granted, powers conferred and other things done under the repealed act and in force on the commencement of this act, except the right of privilege under this repealed act for availing of facility of industrial concession by way of exemption from or deferment of payment of tax by registered dealers who had established new industrial units in the state or undertaken expansion, modernization or diversification under such units shall, so far they are not inconsistent ..... . debi prasad pal, senior advocate, that the state, in exercise of its power under section 7(3) of the bihar finance act, has no power, competence and jurisdiction to override and/or annul the judicial decision of the apex court and to deny exemption, which is already allowed by the highest court of the land ..... . taxes reported in 55 stc 380, a similar plea was raised before the ranchi bench of patna high court, which was negatived by a division bench of this court by observing:the public interest shown in this paragraph was, therefore, increasing over draft and deficit budget of the state government and due to shortage of resources for progressing development and welfare scheme ..... . state of haryana, reported in : [1980]3scr689 , observed as under:11 ..... .(vi) state of kerala v .....

Rajendra Behl Vs. Commissioner, South Chotanagpur Division and ors.

Court : Jharkhand

Reported in : 2003(2)BLJR1577; [2003(3)JCR536(Jhr)]

..... though rule 3 of the rules may not prevail over the section, it also indicates the components that go into the assessment of fair rent by the rent controller, on a harmonious construction of section 8(1)(c) of the act and the proviso thereto, we are of the view that as regards a building that existed prior to 1.12.1980, fair rent has to be fixed based on the prevailing rates of rent in the locality for the same building or for similar buildings for twelve months preceding 1.12.1980 and on taking note of the increased cost of repairs. ..... state of bihar, 1993 (1) pljr 637, the provision was a piece of beneficial legislation enacted keeping in view the welfare of the landlord and that section 8 of the act and rule 3 of the rules need not be interpreted in a restrictive manner. ..... to the same effect is the decision of the kerala high court in issac ninan v. ..... the state of kerala, ilr 1996 (3) kerala 1, the petition for special leave to appeal against which was dismissed by the supreme court. .....

Tata Steel Limited and ors. Vs. State of Jharkhand and ors.

Court : Jharkhand

Reported in : [2008(3)JCR365(Jhr)]

..... learned advocate general drawn our attention to section 11(6) of the act and submitted that provision has been made for utilizing the proceeds of the fund exclusively for the development of trade, commerce and industry in the state of jharkhand. ..... 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 of markets and welfare measures and further that for the said purposes, it was considered necessary to levy and collect tax on the goods entering into the local areas of the state for ..... a similar case under the kerala tax on entry of goods into local areas act. ..... entry tax in kerala, it may be noticed, is being collected only from persons who bring goods from outside the state while persons within the state are not burdened with the levy which is discriminatory and violative of article 14 of the constitution of india. ..... in that case also the affidavit filed by the commissioner of commercial taxes, government of kerala explaining the services and expenditure incurred by the state for importers of the goods. ..... state of kerala and anr. .....

Saraswati Ekka Vs. State of Jharkhand and ors.

Court : Jharkhand

Reported in : [2006(1)JCR310(Jhr)]

..... in (1979) 2 slr 58 and (2004) 4 scc 750, but, in my opinion, in a case where it is found that the respondent-state, either the authority of the state of the concerned department or a minister, in order to accommodate a person in the same place modify the order of transfer, that too after the concerned employee was relieved and joined in the transferred post then this court has full authority and jurisdiction to review such decision of the government.in the instant case, it appears that the petitioner is a lady teacher posted at ranchi. ..... this court heard the learned advocate general on 5.10.2005 and passed the following orders :-'heard the learned counsels for the parties.there is no dispute with regard to the legal proposition advanced by the learned advocate general that transfer is an incidence of service and it cannot be challenged even if it is done on administrative exigencies. ..... for better appreciation, paragraph 7 of the counter affidavit of the joint secretary is reproduced herein below :-'that it is stated that it is fact that subsequently this transfer order was modified partially and she was posted afresh to the st residential high school, nakti, kathikund (dumka) as an acting headmistress through the department of welfare's order memo no. ..... the state of jammu and kashmir, reported in : [1980]3scr1338 ). .....

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

Court : Jharkhand

..... (conservation) act, 1980, the environment ( protection ) act, 1986, the water (prevention and control of pollution) act,1973 and the air (prevention and control of pollution) act, 1981 and other such statutes / law covering the field, whose permission / clearance are mandatory to undertake the mining operations, are required to act in accordance with law and even stop any such lessee from carrying out the mining operations till such clearances/ approval / consent are obtained and the terms and conditions of the lease ..... the act though does not denude the state of its ownership of minerals, but it tends to regulate to the extent set out in the provisions of the act, development of mines and minerals in the state [see: state of kerala and others versus m/s kerala rare earth & minerals limited and others (jt422016 (4) sc143. ..... it is further stated that the learned advocate general recommended that the administrative department can take appropriate actions if all the terms and conditions is not satisfied. ..... advocate, krishanu ray, advocate (in wpc20272016) m/s indrajit sinha, krishanu ray, vijay kant dubey, advocates (in wpc22072016 & wpc25152016) for the resp-uoi: mr. .....

Bholanath Hansda Alias Bhola Hansda Vs. The State of Jharkhand and Ors

Court : Jharkhand

..... the need of such passing-phase projects or schemes were to become a liability on the employer state by too liberally interpreting the labour laws in favour of the workmen, then the same may well act as a disincentive to 40 the state for floating such schemes and the state may opt to keep away from initiating such schemes and projects even in times of dire need, because it may feel that by opening the gates of welfare it would be letting in onerous obligations entailed upon it by extended application of the ..... because the need for the project comes to an end either because the need was fulfilled or the project had to be abandoned wholly or partially for want of funds, the employer cannot by a writ of mandamus be directed to continue employing such employees as have been dislodged, because such a direction would amount to requisition for creation of posts though not required by the employer and funding such posts though the employer did not have funds available for the purpose ..... the learned single judge in the case of ila sinha relied upon the case of bhubaneshwar mahto (supra) but from the material facts noted from the said judgment, it is apparent that ila sinha was appointed in the year 1980 after the adult education project was started and therefore her case was clearly distinguishable from that of bhubaneshwar mahto who was found to be a regular employee of the state having been appointed in the year 1968, at least 10 years before the ..... anil kumar, advocates for the resp state: m/s .....

Shyam Sundar Rasad Vs. The State of Jharkhand

Court : Jharkhand

..... the need of such passing-phase projects or schemes were to become a liability on the employer state by too liberally interpreting the labour laws in favour of the workmen, then the same may well act as a disincentive to 40 the state for floating such schemes and the state may opt to keep away from initiating such schemes and projects even in times of dire need, because it may feel that by opening the gates of welfare it would be letting in onerous obligations entailed upon it by extended application of the ..... because the need for the project comes to an end either because the need was fulfilled or the project had to be abandoned wholly or partially for want of funds, the employer cannot by a writ of mandamus be directed to continue employing such employees as have been dislodged, because such a direction would amount to requisition for creation of posts though not required by the employer and funding such posts though the employer did not have funds available for the purpose ..... the learned single judge in the case of ila sinha relied upon the case of bhubaneshwar mahto (supra) but from the material facts noted from the said judgment, it is apparent that ila sinha was appointed in the year 1980 after the adult education project was started and therefore her case was clearly distinguishable from that of bhubaneshwar mahto who was found to be a regular employee of the state having been appointed in the year 1968, at least 10 years before the ..... anil kumar, advocates for the resp state: m/s .....

Niranjan Thakur and Ors Vs. The State of Jharkhand

Court : Jharkhand

..... the need of such passing-phase projects or schemes were to become a liability on the employer state by too liberally interpreting the labour laws in favour of the workmen, then the same may well act as a disincentive to 40 the state for floating such schemes and the state may opt to keep away from initiating such schemes and projects even in times of dire need, because it may feel that by opening the gates of welfare it would be letting in onerous obligations entailed upon it by extended application of the ..... because the need for the project comes to an end either because the need was fulfilled or the project had to be abandoned wholly or partially for want of funds, the employer cannot by a writ of mandamus be directed to continue employing such employees as have been dislodged, because such a direction would amount to requisition for creation of posts though not required by the employer and funding such posts though the employer did not have funds available for the purpose ..... the learned single judge in the case of ila sinha relied upon the case of bhubaneshwar mahto (supra) but from the material facts noted from the said judgment, it is apparent that ila sinha was appointed in the year 1980 after the adult education project was started and therefore her case was clearly distinguishable from that of bhubaneshwar mahto who was found to be a regular employee of the state having been appointed in the year 1968, at least 10 years before the ..... anil kumar, advocates for the resp state: m/s .....