Court : Jharkhand
Reported in : [2003(4)JCR149(Jhr)]
..... . commissioner of income-tax, : [1977]107itr195(sc) the supreme court considering the claim for exemption under section 15 c of the indian income tax act, 1922 took the view that once the new industrial undertaking is separate and independent production unit in the sense that the commodities produced or result achieved are ..... having approval in the form of letter of intent, industrial licence or registration certificate as the case may be, under the industries (development and regulation) act, 1951 or an acknowledgement in the form of secretariat for industrial assistance reference number from central government excluding those mentioned in a negative list of industries ..... writ petition and directed the company to invoke the revisional jurisdiction of the commissioner of commercial taxes, under section 46(4) of the bihar finance act. the company thereafter filed a revision before the commissioner of commercial taxes. by order dated 26.3.2003, the commissioner of commercial taxes dismissed the .....
Tag this Judgment!Court : Jharkhand
Reported in : [2004(1)JCR564(Jhr)]
..... a hurried one and in that situation, the writ petition had merit. the learned single judge, therefore, issued a direction that the management and the workmen will act in co-operation with each other. photographs were already there with the conciliation officer when a conciliation was attempted prior to the reference of the matter to the tribunal ..... in question. the union took the stand that the management had no right to terminate the award in terms of section 19(3) of the industrial disputes act and that the unilateral action of the management was unsustainable and unjustified on the facts and in the circumstances of the case. the union also argued, presumably ..... the appellant challenges the decision of the learned single judge setting aside a notice of termination of an award in terms of section 19(6) of the industrial disputes act, 1947 and issuing a direction which, according to the appellant, went against the prior binding direction issued by a division bench of this court.3. the facts .....
Tag this Judgment!Court : Jharkhand
Reported in : 2004CriLJ3030; [2004(1)JCR1(Jhr)]
..... to the forward march of this great nation.11. we, therefore, drop this proceeding reserving liberty in the petitioner toinitiate a proceeding under the contemptof courts act after the criminal prosecutionis completed, if it is permissible in law. weissue an injunction restraining the partyrepresented by respondent no. 6 and ofwhich he is an ..... to prosecute the criminal proceeding that he has initiated and if it is permissible, to move this court for taking action under the contempt of courts act after the prosecution is completed. reserving such a liberty in the petitioner, we think that the present proceeding for criminal contempt of court should not be ..... as an advocate by appearing incourt, amounts to obstructing the courseof justice and consequently the commissionof a criminal contempt as defined in the contempt of courts act. thus, two aspects were put forward, first commission of civil contempt by disobeying the decision of the supreme court and criminal contempt by obstructing the .....
Tag this Judgment!Court : Jharkhand
Reported in : [2005(105)FLR919]; [2004(1)JCR630(Jhr)]
..... from the strike proposed to be held on 25.10.2003, putting forward the contention that the strike would be disastrous for the plant, the environment, human life and also, raising the legal contention that the strike was illegal, since a conciliation proceeding was pending and no such strike could be resorted to when the ..... presented itself. counsel fairly submitted that since this was a public utility service, a strike could not be resorted to in terms of section 22 of the act, during the pendency of the conciliation proceedings. but counsel tried to argue that the management was shying away from the conciliation proceedings by trying to raise all ..... c.j. 1. the bokaro steel plant, a unit of steel authority of india limited is a government company within the meaning of section 617 of the indian companies act, 1956. the steel authority of india limited (hereinafter referred to as the sail) is also a government company incorporated with the main object of manufacturing, prospecting, buying, .....
Tag this Judgment!Court : Jharkhand
Reported in : [2004(1)JCR476(Jhr)]
..... the raw materials, the processing must be fully automatic till the packing of the finished products and there should be no human interaction in the process. shelf life of the energy food should not be less than 90 days. as per the general terms and conditions-stipulated, the bidder should have an energy food manufacturing ..... department of the government of jharkhand. he should show his licence for the manufacturing of energy food products, and a licence obtained under the prevention of food adulteration act and also a valid factory licence. he should possess an iso-9002 certificate. he should have spare production capacity of 6880 metric tonne of energy foodper month. ..... he should have in-house quality control facility. he should not have been convicted under the prevention of food adulteration act for the past 10 years and the bidder must be financially sound. he had also to produce along with the technical bid, the literature of the energy .....
Tag this Judgment!Court : Jharkhand
Reported in : 2004(1)BLJR700; [2004(2)JCR74(Jhr)]
..... shall be the duty of the central government to take such steps as may be necessary for the conservation and systematic development of minerals in india and for the protection of environment by preventing or controlling any pollution which may be caused by prospecting or mine operations and for such purposes the central government may, by notification in ..... sludge/slurry escaping from the washeries of the appellant's coal mines including the prevention of pollution of river water or land is covered by section 18 of the act...........we are therefore of the opinion that in view of the admitted case of the parties disposal of sludge/ slurry coming out from the washeries of appellant's ..... is not competent to regulate waste discharge of a coal mine. mere absence of any rule framed by the central government under section 13 or 18 of the act with regard to the disposal of slime or waste of a coal mine does not confer legislative competence on the state legislature to make any law or rule. .....
Tag this Judgment!Court : Jharkhand
Reported in : 2004(2)BLJR1136; [2004(2)JCR178(Jhr)]
..... the rajasthan wild life animals and birds protection act, 1951 and the provisions of wild life (protection) act, 1972 observed :'the purpose of the notification declaring the area as a game reserve under the rajasthan wild animals and birds protection act, 1951; or the declaration of the area as a sanctuary under the wild life (protection) act, 1972 and ..... to go through the marine national park and sanctuary be permitted. the supreme court interpreting various provisions of the wild life (protection) act, 1972 the forest (conservation) act, 1980 and environment (protection) act, 1986, held :'the pivotal issue, as we have already noticed, is the interpretation of section 29 of ..... that carrying on mining activities on the land which falls within the forest area and declared as wild life sanctuary will be against the provisions of the wild life (protection) act, 1972, forest (conservation) act, 1980 and the mandate issued by the supreme court in catena of decisions including decisions referred .....
Tag this Judgment!Court : Jharkhand
Reported in : 2004(52)BLJR636; [2004(2)JCR390(Jhr)]
..... wider legal meaning. hence, a religious society which has for its purpose the control, management and protection of the property appertaining to a certain public mosque, was a society which might legally be registered under the societies registration act, 1860. this view had its echo in the decision of the madras high court in md ..... committee will assume possession and management of the properties in its own right, keeping true and proper accounts and discharging its obligations under the societies registration act, 1860. the society and its managing committee would be entitled to secure the premises of the shops and the mosque from interference by members of the ..... md. yunnus v. inspector general of registration, air 1980 pat 138, taking the view that the expression 'charitable purpose' as used in the societies registration act did not embrace purposes which are religious or predominantly religious. it was held that the expression 'charitable purpose' must be a purpose which has some element .....
Tag this Judgment!Court : Jharkhand
Reported in : 2004(1)BLJR636
..... legal meaning. hence a religious society which has for its purpose the control, management and protection of the property appertaining to a certain public mosque, was a society which might legally be registered under the societies registration act, 1860. this view had its echo in the decision of the madras high court in ..... committee will assume possession and management of the properties in its own right, keeping true and proper accounts and discharging its obligations under the societies registration act, 1860. the society and its managing committee would be entitled to secure the premises of the shops and the mosque from interference by members of ..... writpetitions to the extent of setting aside the order of the minister in charge, welfareand also setting aside the certificate of registration granted under the societiesregistration act. at the same time, the learned single judge refused to uphold theplea of the wakf committee that the certificate of registration given under the wakfact .....
Tag this Judgment!Court : Jharkhand
Reported in : [2004(2)JCR512(Jhr)]
..... , for more than eight years, no written statement was filed by the defendants which led to the plaintiff filing the application for the relief aforesaid. after the amendment by amendment act, 2002 of order viii, rule 1 of the code, the plaintiff made another application to debar the defendants from filing a written statement. while his applications were pending, the defendants ..... time of entering appearance in the suit. of course, now that aspect is controlled by order viii, rule 1 of the code of civil procedure as introduced by the amendment act, 2002. the courts are expected to implement that rule alongwith rule 1-a and ensure that written statements are filed within a reasonable time. the attention of the trial court .....
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