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Vikas Jandial and ors. Vs. State of J and K Through Finance Department ...

Court : Jammu and Kashmir

Subject : Constitution

Acts : Constitution of India - Articles 14, 19 and 226; ; Excise Act, 1958; ; Jammu and Kashmir Liquor Licences and Sale Rules, 1984 - Rule 15

Reported in : 2004(3)JKJ66

Advocate for Respondent : A.H. Naik, Adv. General and; Deepika Mahajan, Government Adv.

S.K. Gupta, J.M/s Z.A. Shah, Advocate, along with Irfan Noor, Advocate; M/s A.V. Gupta, Senior Advocate, along with Y.E. Tak, Advocate; M/s D.C. Raina, Senior Advocate along with Dinesh Verma; M/s R.K. Gupta, S.K. Shukla, Rahul...

Sher-i-kashmir National Medical Institute Trust Vs. State of J and K a ...

Court : Jammu and Kashmir

Subject : Trusts and Societies

Acts : Transfer of Property Act, 1977 - Sections 59, 123, 138 and 140; ;Jammu and Kashmir Transfer of Property Act, 1977; ;Registration Act, 1977 - Sections 17, 17(1), 17(2), 49 and 61(3); ;Jammu and Kashmir Land Grants Act, 1960 - Sections 3, 4, 10 and 11; ;Alienation of Land Act, 1995 - Section 4; ;Transfer of Property (Amendment) Act, 1976; ;Code of Civil Procedure (CPC) - Section 92; ;Constitution of Jammu and Kashmir - Sections 22, 103 and 121; ;Constitution of India - Articles 226 and 299

Advocate for Respondent : A.H. Naik, AG, assisted by; A.M. Magrey, AAG

V.K. Jhanji, J.1. This petition has been filed by the Sher-i-Kashmir National Medical Institute Trust (hereinafter referred to as the petitioner-Trust), a public charitable trust, created vide registered deed on 19th May, 1973, through its Vice...

Trehan Industries Pvt. Ltd. Vs. State of J and K and ors.

Court : Jammu and Kashmir

Subject : Constitution

Acts : Constitution of India - Articles 14 and 226

Reported in : 2004(2)JKJ447

Advocate for Respondent : A.H. Naik, Adv. General and; Shaista Hakim, Dy. AG

S.K. Gupta, J.1. With liberalization of fiscal and financial reforms in industry and to move the country to its pinnacles as a developed industrial country and to accomplish its right placement in the polity of the...

Jai Beverages Private Limited Vs. State of Jammu and Kashmir and ors.

Court : Jammu and Kashmir

Subject : Sales Tax

Acts : General Sales Tax Act, 1962 - Section 5

Reported in : 2004(3)JKJ47

Advocate for Respondent : A.H. Naik, Adv. General,; Shaista Hakim, Dy. AG for Respondents-1 to 6 and 8;

S.K. Gupta, J.1. The main issue involved in both the writ petitions (OWP No. 613/2002 and OWP No. 1166/2002) pertains to the interpretation of SRO-247 dated 20-08-1998 (hereinafter SRO-247) issued by the Finance Department, Government of...

Shah Latif Vs. State of J and K and ors.

Court : Jammu and Kashmir

Subject : Service

Acts : Prevention of Corruption Act, 2006 - Section 5(2)

Advocate for Respondent : A.H. Naik, Adv. General

J.P. Singh, J.1. Aggrieved by Government Order No. 1546-GAD of 2003 dated 09.12.2003, giving notice to Shah Latif that he having already attained forty years of age, shall retire from service w.e.f. Forenoon of 9th December,...

Peoples Action and Public Account Vs. State and ors.

Court : Jammu and Kashmir

Subject : PropertyCivil

Acts : Press Council Act, 2006 - Section 5(2)

Advocate for Respondent : A. H. Naik, Ld. Adv. General,; U. K. Jalali,; D. S. Chau

1. During the course of hearing of this Public Interest Litigation some information has been brought to our notice in regard to the working and functioning of National House Building Cooperative Society. It is stated that...

Ranvijay Chand and anr. Vs. State of J and K and Four ors.

Court : Jammu and Kashmir

Subject : Electricity

Acts : Jammu and Kashmir High Court Rules, 1997 - Rule 36; ;Constitution of India - Article 226; ;Constitution of Jammu and Kashmir - Section 103; ;Jammu and Kashmir Electricity Act, 1997 - Section 18

Reported in : 2005(1)JKJ236

Advocate for Respondent : A.H. Naik, Adv. General and; Shaista Hakeem, Deputy Adv. General

S.K. Gupta, J.1. Petitioner under Article 226 of the Constitution of India read with Section 103 of the Constitution of Jammu and Kashmir had been commenced by the petitioners, who happened to be the owners in...

Thomas Masih and ors. Vs. State of Jammu and Kashmir and ors.

Court : Jammu and Kashmir

Subject : Service

Acts : Jammu and Kashmir Civil Service (Classification, Control and Appeal) Rules, 1956 - Rule 14; ;Jammu and Kashmir Contractual Appointment Rules, 2003 - Rules 3, 4, 4(3), 5, 6 and 7; ;Jammu and Kashmir Civil Service (Temporary Service) Rules, 1961 - Rules 1, 1(2), 1(3), 2, 3, 3(1) and 3A; ;Jammu and Kashmir Subordinate Services Recruitment Rules, 1992; ;Jammu and Kashmir Civil Services (Contractual Appointment) Rules, 2003; ;Jammu and Kashmir Reservation Rules, 1994

Reported in : 2004(2)JKJ197

Advocate for Respondent : A.H. Naik, Adv. General

V.K. Jhanji, J.1. The practice of appointing persons on ad hoc basis on posts ranging from Class IV to Gazetted nomenclature and the evil of continuing these arrangements either with or without formal extensions dehors the...

National Hydroelectric Power Corporation Ltd. and anr. Vs. State of Ja ...

Court : Jammu and Kashmir

Subject : CivilConstitution

Acts : Jammu and Kashmir Electricity (Duty) Act, 1963 - Sections 2, 3, 3(1), 3(2), 7, 8, 11 and 11(2); ;Companies Act, 1956; ;Indian Electricity Act, 1910 - Sections 39 and 43A(2); ;Central Sales Tax Act, 1956 - Section 3; ;Madhya Pradesh Electricity Duty Act, 1949; ;Constitution of India - Articles 165, 246, 248, 286(1), 366(12), 370 and 370(1); ;Constitution of Jammu and Kashmir - Sections 5 and 114; ;Constitution (Application to Jammu and Kashmir) Order, 1954; ;Upkar (Amendment) Adhiniyam, 2001 - Section 3

Reported in : 2005(2)JKJ5

Advocate for Respondent : A.H. Naik, AG,; A.M. Magrey, AAG and; Moksha Qazmi,

S.N. Jha, C.J.1. The dispute in this writ petition relates to competence of the Government of Jammu and Kashmir to levy electricity duty on generation of electric energy in exercise of power under Section 3(1) of...

The Exchange Bank of India and Africa Ltd. (In Liquidation) Vs. Laxmic ...

Court : Mumbai

Subject : Banking

Acts : Banking Companies Act, 1949 - Sections 45A and 45B

Reported in : 1961(63)BLJR889

Advocate for Respondent : F.S. Nariman and ;Zaiwalla, Advs.

Chainani, C.J.1. The appellant is a Banking Company, to Exchange Bank of India and Africa Ltd. Through its liquidator. The respondent was a share-holder of the above Banking Company before it went in liquidation. On 20th...