Judgment Search Results Home > Cases Phrase: air force act 1950 chapter 1 preliminary Court: jammu and kashmir Page 8 of about 294 results (0.065 seconds)

Mst. Fahmeeda Vs. Mst. Zareefa

Court : Jammu and Kashmir

Reported in : 2005(1)JKJ109

..... the relevant statutes too have not given any recognition to such a custom. in the jammu & kashmir agrarian reforms act, which came into force in the year 1976 though an adopted son or pisarparwardah is mentioned in section 2 (12) but there is no ..... the ordinary law has to be supported by evidence of a binding custom.17. similarly in padam nath v. prithvi nath, air 1957 j & k 53 it was held that if a special custom is pleaded which is in derogation of the general bulk ..... custom but its validity too. it was held by the apex court in a. raghavamma and anr. v. a. chenchamma, air 1964 sc 136, that a person who seeks to displace the natural succession to property by alleging an adoption must discharge the ..... proved in an adoption case.9. before proceeding further, we may have a look on articles 118 & 119 of the limitation act, which provide as under:-article 118. description of suit period of limitation time from which period begins to run.----------------- ----------------- -----------------to .....

Manzoor Ahmad Khan Vs. Mst. Saja and Three ors.

Court : Jammu and Kashmir

..... judgments was recorded by justice v. r. krishna iyer as judge of the high court of kerala (as his lordship then was) in a. yousuf rawther v. sowramma, air 1971 ker 261. the supreme court, while relying on this judgment, has observed that it is virtually a research document. while commenting on the above judgment in a. yousuf ..... to provide maintenance to the wife. in this connection, the learned counsel has relied on the judgment of the supreme court in shamim ara v state of u. p. air 2002 sc 3551. secondly, mr. qayoom argued that a divorcee is entitled to maintenance during the period of iddat. in this behalf, he cited and relied upon mst. ..... , waqf, partitions, casts or any religious usage or institution, the rule of decision is and shall be - the mohammedan law in cases where the parties are mohammedan'by force of sri pratap jammu and kashmir laws consolidation act (1977) since the wife is entitled to maintenance during the period of iddat after divorce has been made, the criminal court .....

National Insurance Co. Ltd. Vs. Shiv Dutt Sharma

Court : Jammu and Kashmir

Reported in : 2004ACJ2049

..... man or in any other cause independent of the agency of natural forces.29. in dealing with occurrences of the first class the term has been defined as meaning a catastrophe occurring without any intervention of man an accident physically unavoidable an ..... be equivalent to the words 'not by defendants negligence'.28. again there are 'inevitable accidents'. these can be of two classes, namely, (a) those occasioned by the elementary forces of nature and unconnected with the agency of man or any other cause; and (b) those which have their origin either in whole or in part in the agency of ..... , he would be entitled to compensation.36. chagla, c.j. in the case of bhagubai v. general manager, central railway, air 1955 bom 105, in which the provision of section 3 of the workmen's compensation act was considered and observed as under:'(2) now, it is clear that there must be a causal connection between the accident and the .....

Northern Sanitation Vs. Hotel Corporation of India

Court : Jammu and Kashmir

Reported in : 2005(1)ARBLR276(J& K),2004(3)JKJ154

..... be questioned as the reference of dispute to him included the question whether claims of the contractor were arbitrable in the face of the exemption clauses, is without any force because no question of law was specifically referred under the reference. the reference is in general terms, therefore, the opinion of the arbitrator even on a question ..... where such prohibition exists, the court will not hesitate to set aside the award.' therefore, in view of the above legal position discussed above, there is no force in the submission of mr. sharma learned senior counsel for the contractor that it is not permissible for the court to look into the terms of the contract once ..... from alopi prasad v. union of india (1960) 2 scr 793 : air 1960 sc 588) which is to the following effect:-'there it was observed that a contract is not frustrated merely because the circumstances in which the contract was made, altered, the contract act does not enable a party to a contract to ignore the express covenants .....

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

Court : Jammu and Kashmir

Reported in : 2004(3)JKJ66

..... the submissions on behalf of the respondents made were broadly as under: (a) that the policy on which the reliance is placed by the petitioners has no statutory force and this is meant for guidance of the excise commissioner and not for the petitioners and that the petitioners had no right to trade or privilege to deal in ..... sale of liquor by retail vends. all the applications received before and after 22-07-2003 were considered for all the places as per the excise policy in force. the proposed procedure for the grant of licences by draw of lots was decided by the excise commissioner and the government had put its seal in granting the ..... court for a mandamus, if the officers have conducted themselves not in accordance with law or if they have acted in excess of their jurisdiction. again in ramana dayaram shetty v. the international airport authority of india and ors., air 1979 sc 1628, while dealing with the proposition that the government cannot choose to exclude persons, the apex court .....

Jammu Dev. Authority Vs. Bhag DIn and ors.

Court : Jammu and Kashmir

Reported in : 2004(1)JKJ1

..... unless that is done, directions, if any, issued by the court in the name of state government, will have no binding force on the development authority more so when such directions of the court are not endorsed to it by the government for implementation. ..... . 3 and 4 was in physical possession of land measuring 120 kanals comprising khasra no. 533 of village paloura prior to 1950. in the year 1953, the tehsildar passed order of eviction of said sahaib din from the land. the order of eviction ..... , 2002 being violative of the statutory provision contained in sub-section (4) of section 18 of the jammu and kashmir development act, 1970, the development authority did not require any government sanction or sanction of law department to challenge the government order. secondly, ..... in its name. it may also sue or be sued by its own name.(see state of punjab v. raja ram, air 1981 sc 1694). it, therefore, follows that any direction issued to the state government would not be ipso facto and automatically .....

United Fire and General Insurance Co. Ltd. and Etc. Vs. Lakshmi Shori ...

Court : Jammu and Kashmir

..... also urged that the tribunal should have taken into account the effect of accelerated payment and made some deduction on that account. to me there appears to be considerable force in the submissions of mr. chakku and for what shall follow. i am of the opinion that the tribunal had misdirected itself while assessing the just and fair compensation ..... for being transposed as an appellant, the appellant could be permitted to raise only those defences which are prescribed by section 96 (2) of the act and no other defence. in mangilal v. parasram, air 1971 madh pra 5 a full bench of m. p. high court laid down that section 96 (2) limits the defences available to the insurer ..... section 96 (2) the maximum liability shall be to the extent of the sum specified in the insurance policy. sections 110-a to 110-f were introduced in the act by act no. 110 of 1956, to substitute the ordinary remedy of a civil suit by a special remedy, which is summary in nature. section 110 provides for the constitution .....

United Fire and General Insurance Co. Ltd. Vs. Lakshmi Shori Ganjoo an ...

Court : Jammu and Kashmir

Reported in : [1984]55CompCas251(NULL)

..... has crept in; but in a case like the present, as observed by the supreme : court in c. k. subramania iyer v. t. k. nair [1970] act 110 ; air 1=970 sc 376 (at p/380):' in assessing damages, the court must exclude all considerations ofmatter which rest in speculation or fancy though conjecture to some extent is inevitable ..... also urged that the tribunal should have taken into account the effect of accelerated payment and made some deduction on that account. to me there appears to be considerable force in the submissions of mr. chakku and for what shall follow, i am of the opinion, the tribunal had misdirected itself while assessing the just and fair compensation. ..... under section 95(2) the maximum liability shall be to the extent of the sum specified in the insurance policy. sections 110a to 110f were introduced in the act by act no. 100 of 1956 to substitute the ordinary remedy of a civil suit by a special remedy, which is summary in nature. section 110 provides for the constitution .....

Smt. Kamla Devi Vs. Balbir Singh

Court : Jammu and Kashmir

Reported in : AIR1981J&K70

..... same effect are the observations made in a bench decision of this court reported as state of j. & k. v. g. s. baroca, air 1978 j & k 64, 8. the constitution act came into force on september 7, 1939. the letters patent were granted in favour of the high court of jammu and kashmir, by the his highness on august ..... has been defined in section 2(2) of the code of civil procedure and it is in that sense that this word has been used here. 20. the 1996 act came into force on 2nd of september, 1939. thereafter, on 28-8-1943, the then ruler granted letters patent to the high court. clause 12 of the letters patent reads: ..... constitution." 18. this section saves the jurisdiction conferred on this court by the jammu and kashmir constitution act of 1996 which was in force immediately before the commencement of the state constitution. section 60 of the jammu & kashmir constitution act, 1996 (shortly the '1996 act') provided as under : "(1) except as otherwise provided by any enactment for the time being in .....

Mohd. Rashid Qureshi Vs. Election Commission of India and ors.

Court : Jammu and Kashmir

Reported in : 2006(2)JKJ326

..... very liberal and accommodating . raja azmat ullah was having hindu minister of mehta family of rajouri. hindu rajputs were given preference at the time of employment in armed forces.the successive rulers were also responsible for the proper upkeep of mughal route from gujarat to kashmir, dotted by a dozen stations in between. the town also called rampur ..... the aforesaid notification a new district to be known as district rajouri with headquarters at rajouri came to be formed. then on 11th of december 1950, cabinet order no. 1451-c of 1950 came to be issued which reads as follows:prime minister's secretariat(general department)order o. 1451-c of 195011th december 1950it is ordered that the ..... explicit its consequences are for parliament, and not for the courts, to consider. 'where the language of an act is clear and explicit', said viscount simon in king emperor v. benori lal sarma 72 ind app.57 at p.70 : air 1945 pc 48 at 53, 'we must give effect to it whatever may be the consequences for in .....