Judgment Search Results Home > Cases Phrase: appropriation act 2008 Court: jammu and kashmir Page 1 of about 1,290 results (0.044 seconds)

Qazi Shabir Ahmed Vs. Income Tax Officer and ors.

Court : Jammu and Kashmir

Reported in : (2009)224CTR(J& K)160,[2009]183TAXMAN220(NULL)

..... this appeal is filed in terms of section 260a of it act of 1961 for short (the act of 1961).it would be appropriate to mention here, that though, appeal is filed against the judgment/order of tribunal (amritsar) but the said authority has not been impleaded as party respondent in this ..... some of the well recognized exceptions are where (i) the courts below have ignored material evidence or acted on no evidence; (ii) the courts have drawn wrong inferences from proved facts by applying the law erroneously; or (iii) the courts have wrongly cast the burden ..... 7th dec, 2006 which was accompanied with notice under section 142(1) of the act of 1961, to the appellant and he was required to file return of income as also to explain the deposits made in sb 3741 maintained by the appellant in j&k; bank, zainakote main branch to the tune ..... question of law will also arise in a contrary situation, where the legal position is clear, either on account of express provisions of law or binding precedents, but the court below has decided the matter, either ignoring or acting contrary to such legal principle. ..... in terms of section 260a of the act of 1961 an appeal shall lie to high court, if the high court is satisfied that the case involves a substantial question of law and the appellant is duty bound in terms of the statute to precisely state the substantial ..... 2008 ..... , 2008 accepted the appeal to the extent of deleting an addition ..... , 2008 and order of assessment passed by respondent ..... , 2008; order passed by .....

Maharaj Krishan Raina and ors Vs. State of Jandk; and ors

Court : Jammu and Kashmir

..... act/mig/254-xii/249-56 dated 06.06.2009, act/mig/254- xii/257-68 dated 06.06.2009, act/mig/254-xii/234-42 dated 03.06.2009, act/mig/254-xii/229-233 dated 03.06.2009 act/mig/254-xii/203-313 dated 01.06.2009 act/mig/254- xii/158-72 dated 27.05.2009 & act/mig/254-xii/150-55 dated 25.05.2009, whereby petitioners have been deployed within the jammu division. ..... . 235/ng of 2007 dated 01.12.2007, 83/ng of 2008 dated 20.05.2008 and 118/ng of 2008 dated 06.06.2008 and posting them in the valley wherever the posts are available as per administrative exigencies ..... it is appropriate to mention that the appellant-writ-petitioners were promoted to the post of head/supervisory/senior pharmacists vide promotion order nos. ..... . 235/ng of 2007 dated 01.12.2007, 83/ng of 2008 dated 20.05.2008 and 118/ng of 2008 dated 06.06.2008. mr ..... 235/ng of 2007 dated 01.12.2007, 83/ng of 2008 dated 20.05.2008 & 118/ng of 2008 dated 06.06.2008. ..... act/mig/254-xii/249- 56 dated 06.06.2009, act/mig/254-xii/257-68 dated 06.06.2009, act/mig/254-xii/234-42 dated 03.06.2009, act/mig/254-xii/229-233 date 03. ..... 06.2009 act/mig/254-xii/203-313 dated 01.06.2009 act/mig/254-xii/158-72 dated 27.05.2009 & act/mig/254-xii/150-55 dated 25.05.2009 are not liable to be quashed. ..... the order dated 11.12.2008 (annexure-a) would show that the appellant-writpetitioners have been promoted from the post of pharmacists (mig) to the higher post of head/supervisory/senior pharmacists and they were to report for duty at their place of .....

Rajesh Kumar and ors. Vs. High Court of J and K and ors.

Court : Jammu and Kashmir

..... on the issues which arise for consideration in the writ petition, it needs to be noticed that the registrar general's note, which had been put to the judges' committee, pursuant to the orders of the acting chief justice, neither refers to nor suggests filling up of the posts of head assistant or for that matter change in the mode of recruitment therefor appearing in high court order no. ..... perusal of the facts culled from the records of the high court indicates that the recommendations made by the registrar general in his note of october 28, 2008, suggesting reconsideration of the mode of recruitment and appointment to various posts in the high court, does not appear to have been deliberated upon by the committee which, without suggesting any changes in the already ..... in terms of the mode of recruitment for appointment and promotions prescribed by lord acting chief justice, the power to relax the prescribed qualification under order 579 dated 24.10.2008 was restricted only in case of those officers/officials, who had made their entry into the high court service on or before april ..... of the court, therefore, mooted proposal suggesting further relaxation in the mode of recruitment and promotions against the available vacancies in the high court staff service.lord acting chief justice directed the matter to be placed before the already constituted judges' committee, for examination/recommendation and approval. ..... period of experience can also be relaxed in exceptional and appropriate cases. .....

Abdul Rahim Dar Vs. State and ors.

Court : Jammu and Kashmir

Reported in : 2008(2)JKJ375

..... he did not have the jurisdiction to try the suit in view of aforesaid act he would pass appropriate orders thereupon to leave the matter to be dealt with by the competent authority under aforesaid act, otherwise he would deal with the matter speedily. ..... commissioner stands vested with power to dispossess the unauthorized occupants of migrant land which by force of said act vests in him for its preservation etc, and jurisdiction of civil courts to entertain actions in the matter stands ..... a head only after framing an issue regarding his jurisdiction to try the suit in view of the provisions of jammu and kashmir migrants immovable property (preservation, protection and restraint on distress sales) act 1997, and pass orders thereupon after hearing the parties. ..... to pass the impugned order, which would not be amenable to jurisdiction of a civil court, after the jammu and kashmir migrants immovable property (preservation, protection and restraint on distress sales) act 1997 came into force. ..... disputed land sought action against him petitioner under jammu and kashmir migrants immovable property (preservation, protection and restraint on distress sales) act 1997, who vide order no. ..... directed to appears before the trial court on 12.3.2008.disposed of. ..... could better be left to civil court for being decided in accordance with law but for the provisions of jammu and kashmir migrants immovable property (preservation, protection and restraint on distress sales) act 1997, whereunder concerned dy. .....

Pawan Kumar Vs. State of Jandk;

Court : Jammu and Kashmir

..... 4 learned 3rd additional sessions judge, jammu has, therefore, acted illegally in disposing of the petitioner s appeal in a slipshod manner without dealing with the issues raised against his conviction and passing appropriate orders as warranted under law on his sentence in case his conviction was to be upheld. ..... the trial court having faulted in not considering the provisions of the jammu and kashmir probation of offenders act and those of section 562 of the code of criminal procedure, the appellate court could well taking notice thereof, consider recording requisite finding needed by the criminal code in terms of the provisions of the above two ..... the judgment of the learned magistrate and that of the appellate court further demonstrate that the provisions of the jammu and kashmir probation of offenders act, 1966 and those of section 562 of the code of criminal procedure, svt. ..... this criminal revision accordingly succeeds and is, therefore, allowed setting aside the judgment and order of learned 3rd additional sessions judge, jammu dated september 20, 2008. .....

Tube Well Mechanical Irrigation, Employees' Association Vs. State of J ...

Court : Jammu and Kashmir

Reported in : (1999)IIILLJ1275J& K

..... vide section 2(b) of the act appropriate govt. ..... vide sub-section (2) of section 5 of the aforesaid act, the appropriate govt. ..... under section 5 of the minimum wages act, 1948, the appropriate govt. ..... because of the mandatory and unambiguous date of applicability as mentioned in the notification itself and because of the clear provisions contained in section 5 of the act, there was no scope for anyone to suspect about its applicability from any other date. ..... whether it is issued by the labour department or the forest department or the transport department is not for any one to bother about as long as it is issued by the appropriate government. ..... appropriate government in this case as observed earlier is the state government and it is not the case of the respondent no. ..... the notification has been duly issued under and in terms of these specific provisions contained in section 5 of the minimum wages act, 1948 and conforms to all the requirements prescribed therefor. .....

Suman Lata Bhagat Vs. State and Others

Court : Jammu and Kashmir

..... a minister of state and a deputy minister or advisor to government/chief minister; (13) notification means a notification published in the government gazette and the expression notified shall be construed accordingly; (15) prescribed means prescribed by rules made under this act; (16) public functionary means a person who is or was at any time- (i) the chief minister or a minister; (ii) the speaker or deputy speaker of the state legislative assembly; (iii) the chairman or deputy chairman of the state ..... by personal interest or improper or corrupt motive; (c) has abused or misused his position to obtain any gain or favour to himself or to any other person to cause loss or undue harm or hardship to any other person; (d) has failed to act in accordance with the norms of integrity and conduct which ought to be followed by the public, functionaries of the class to which he belongs; or (e) or any person on his behalf is in possession or has at any time during the period ..... section 12 of the act of 2002, prescribes procedure for verification in respect of a complaint and further provides that the procedure for verification would be such as the commission deems appropriate under the circumstances of ..... sub section 1 of section 12 of the act of 2002 prescribes that after considering a complaint and after making such verification as it deems appropriate and after entering into satisfaction that the complaint is manifestly false and vexatious, the commission is dutybound to dismiss the .....

Farooq Khan S/O Sh. Mohd. Sarwar Khan Vs. State of Jammu and Kashmir a ...

Court : Jammu and Kashmir

Reported in : 2005CriLJ4417,2006(1)JKJ165

..... kolkata were fake/spurious; and(ii) enquire into the circumstances under which the said samples came to be collected; and(iii) fix responsibility of persons directly or indirectly involved for commission of such acts.petitioner was issued notice dated 25-7-2002 asking to file written statement on the following points :--(1) date of your posting as sr. ..... action or it does not or the fact that the report is yet to be considered from that angle, cannot be a reason to submit that it would not be appropriate stage to approach the court. ..... it was not the appropriate stage to raise any grievance by filing a petition challenging certain observations made by ..... human rights commission :(1) the government shall constitute a body to be known as the state human rights commission to exercise the powers conferred upon and to perform the functions assigned to it under this act;(2) the commission shall consist of--(a) a chairperson who has been a judge of the high court. ..... would be seen that the use of the word 'or' between clauses (a) and (b) of section 8b or the act makes it clear that section 8b would be attracted if requirement of either clause (a) or clause (b) is fulfilled ..... apex court in a constitution bench judgment relating to the interpretation of provisions of j&k; commission of inquiry act, particularly section 10 in case reported in air 1967 sc 122, while interpreting the scope and ambit of section 10 clearly held that the safeguards provided under section 10 are available to all categories .....

Administrator, Aquaf Jammu Vs. Devinder Kumar Gupta

Court : Jammu and Kashmir

Reported in : 2008(2)JKJ226

..... any civil court or tribunal in respect of any dispute, question or other matter relating to the title of any wakaf or wakaf property or any other matter which is required by, or under, this act to be determined by the authorities under the act.a plain reading of section above quoted reveals that it could perhaps be marginally relied upon by petitioner-defendant because it only squarely bars jurisdiction of civil courts to entertain suits or other legal proceedings relating to ..... satisfaction regarding possession of suit property by respondent-plaintiff and observing that the same was admittedly a wakaf property opined that no action whatsoever had been initiated by the authority prescribed under wakafs act for eviction of plaintiff the would be entitled to injunctive relief as sought by him, for which reliance was placed on following law declared by hon'ble supreme court in the judgment passed in ' ..... would be appropriate to mention that at the time eviction order against erstwhile lessee raj pal was passed then act of 1978 was holding the field whereas at the time of institution of the suit before trial court wherein the impugned order was passed, the 'jammu and kashmir wakafs act of 2001' was in force with the earlier act repealed. ..... while petitioner's counsel has reiterate the contents of appeal, none is present to be heard for respondent who appears to have been proceeded against in exparte under interim order dated 1.2.2008 passed by a co-ordinate bench of this court. .....

Oriental Goods Transport Co. and ors. Vs. State of J and K and ors.

Court : Jammu and Kashmir

Reported in : 2004(1)JKJ64

..... sub-section (9) are handed over to a transport agency on suparadnama, the officer in charge referred to in the section shall transfer the goods with relevant documents for disposal to the appropriate authority having jurisdiction over the area, or any other officer authorised in this behalf by the commissioner, who shall take cognizance of the cases referred to him and finalise them in ..... operating its transport business relating to taxable goods in tripura shall be required to obtain a certificate of registration in the prescribed manner from the commissioner of taxes, under section 36-a of the said act transporter, carrier or transporting agent operating its transport business in tripura is to maintain proper account of goods transported to or outside tripura through it in the manner prescribed and has been made liable ..... goods contained in this section shall, in so far as may be applicable apply under the sub-section.provided that if the said dealer fails to obtain a certificate of registration under this act within a period of 180 days from the date of deposit of security and the assessing authority has no information in his possession that the dealer is carrying on regular business of selling ..... be sold by auction in the prescribed manner and the sale proceeds thereof as reduced by the amount of penalty and security payable under this act besides other expenses incurred on unloading handling and auctioning, shall be deposited in the treasury under appropriated head of account. .....