Court : Jharkhand
Decided on : May-15-2008
Reported in : [2008(3)JCR23(Jhr)]
..... mineral concession rules, 1960 (for short 'mcr, i960'). the writ petition is not maintainable.(ii) the partnership of the petitioner-firm was dissolved in terms of section 42(c) of the indian partnership act and the application for renewal in the name of non-existent firm is not maintainable.(iii) the petitioner ..... sought a direction to renew the lease of the petitioner.3. the facts stated, in brief, are as follows:(i) the petitioner is a partnership firm engaged in the business, of mining.(ii) the mining lease of iron-ore was granted to the petitioner on 4.1.1954 for a ..... in favour of m/s. thakur prasad sao.45. it has been submitted that the respondents, being the welfare state, they are expected to act reasonably, fairly and legally, but they have violated the mandatory provision of law and prescribed procedure. the state government cannot arbitrarily adopt a procedure ..... iii) whether the writ petition is maintainable in view of the alternative statutory remedy under section 30 of the mines and minerals (development & regulation) act, 1957?point no. i7. by order dated 5th december, 2006, while disposing of the petitioner's writ petition, this court had directed the respondents ..... to renew the lease, the petitioner filed revision application before the central government under section 30 of the mines and minerals (development and regulation) act in september, 2004.(x) in the meantime, in pursuance of the order dated 1st september, 2004, the state government issued notification under rule .....Tag this Judgment!
Court : Jharkhand
Decided on : Mar-03-2008
Reported in : [2008(2)JCR46(Jhr)]
..... the affairs of the company and the appellant has been convicted and sentenced by taking aid of section 25 of the partnership act, though under that provision one partner could not be held responsible for any criminal act done by the other partner and, therefore, the court below committed illegality in passing the order of conviction and ..... said to have been made by the appellant but those deposits were never made in the accounts of partnership firm and, therefore, the appellant can be said to be quite innocen.3. as against that learned counsel appearing for the cbi submits that it has ..... bail in other fodder scam cases. learned counsel further submits that m/s. chhotanagpur cattle feed & supply company does have two accounts, one as partnership firm and the other as proprietary firm and moreover deposits concerning payment relating to this case were made in the accounts of the ..... partnership firm to which the appellant had no concern as per the statement made by md. sayeed though some deposits through pay-in-slips are ..... has been convicted under section 120b read with section 420/409/467/68/471/477a of the indian penal code and also under section 13(2) read with 13(1), 13(c)(d) of the prevention of corruption act and has awarded maximum sentence for some of the offences for six years on the allegation that .....Tag this Judgment!
Court : Jharkhand
Decided on : Sep-01-2008
Reported in : [2008(4)JCR235(Jhr)]
..... for availing the amount of loan aforesaid. according to the agreement, liability was fixed upon the corporation to grant the entire amount of loan to the borrower partnership firm. though the agreement was executed on furnishing of the documents as far back as on 12.10.1987 but according to the defence case only a ..... agreement was entered into between m/s. rupam enterprises, a partnership firm and the bihar state financial corporation/opposite party no. 2 herein for grant of loan to the extent of rs. 11.5 lakhs. the petitioner was ..... a contract which speaks:every person is competent to contract who is of the age of majority according to the law to which he is subject (indian majority act, 1975) and who is of sound mind and is not disqualified from contracting by any law to which he is subject.the law is specific in ..... in contravention of the terms of the agreement caused criminal breach of trust. the police registered a case for the offence under sections 409/34 of the indian penal code against all the five partners of the firm including the petitioner vivek kumar lala. yet, it was admitted that the petitioner was under guardianship ..... procedure for quash-ment of the entire criminal proceeding in govindpur (barwadda) p.s. case no. 179 of 2004 registered under sections 409/34 of the indian penal code against him and others pending in the court of cjm, dhanbad.2. the factual matrix of the case is that on 12.10.1987 an .....Tag this Judgment!
Court : Jharkhand
Decided on : Mar-14-2008
Reported in : [2008(2)JCR267(Jhr)]; (2008)18VST289(Jharkh)
..... order of the appellate assistant commissioner.49. in the case of tel utpadak kendra v. deputy commissioner of sales tax (1981) 48 stc 248, the appellant is a partnership firm, carrying on the business of manufacturing and selling vegetable oil. the sales tax officer estimated the turnover for the calendar year 1971 and made an order dated 26th ..... decided by the calcutta high court, placed before us by the respondent have no relevance.our attention has been invited to section 34 of the maharashtra agriculture income tax act, 1962 where when defining the revisional power of the commissioner the legislature has expressly incorporated a provision prohibiting the commissioner from exercising his revisional power against an order pending ..... commissioner, nagpur issued two notices requiring the appellant to show cause why the appellate orders passed by the assistant commissioner should not be revised under section 57 of the act. the appellant objected to the exercise of revisional power by the deputy commissioner during the pendency of the appeals before the tribunal. the deputy commissioner rejected the objection ..... ) of section 87 prescribes limitation of five years after expiry of which, the commissioner cannot exercise that power.38. similarly, section 33 of the tamil nadu general sales act, 1959 confers power of revision upon the deputy commissioner. section 34 prescribes special power of joint commissioner of commercial taxes. according to this section, the joint commissioner of .....Tag this Judgment!
Court : Jharkhand
Decided on : Dec-12-2008
Reported in : AIR2009Jhar23
..... cultivators seems to be the main cause of breaking the joint family lie. joint family system envisages property, particularly landed property to create a co-partnership. the spread of literacy and education, especially among the christian santals seems to be also a factor for separation. there is a tendency among the ..... work hours, receive one-tenth of the world's income and own less than one-hundredth per cent of world's property.half of the indian population too are women. women have always been discriminated against and have suffered and are suffering discrimination in silence. self-sacrifice and self-denial are ..... -(1) when a raiyati holding or any portion thereof is transferred by sale, gift, will or exchange in accordance with the provisions of this act and the record-of-rights, the transferee or his successor in title may cause the transfer to be registered in the office of the landlord of ..... agnates of the family.17. in the case of madhu kishwar and ors. v. state of bihar and ors. : air1996sc1864 , provisions of chotanagpur tenancy act, 1908 which provide succession to property in the male line was challenged as discriminatory and unfair against women and, therefore, ultra vires to equality clause in ..... not take another husband but remains a widow? in such cases she is virtually a substitute for her husband. she steps into his place, acts as his representative and exercises almost all his rights and duties.if her husband was joint with his brothers she mill continue to live in the .....Tag this Judgment!