Court : Jammu and Kashmir
..... rules, services of petitioners are governed by jammu and kashmir public men and public servants (declaration of assets and other provisions) act 1983. section 13 of the aforesaid act imposes restrictions on public servants to practice any profession for carrying on any trade, or business or undertake any other employment without ..... the prescribed authority irrespective of the fact 3 whether such public servant is on leave or in active service. section 15 of the aforesaid act renders contravention of section 13 punishable under section 168 of rpc. rule 10 of government employees conduct rules also places restrictions on public servants in engaging in ..... rules. other legal provisions relating to their conduct are jammu and kashmir public men and public servants (declaration of assets and other provisions) act 1987, section 13 whereof places restrictions on practicing of any profession, carrying on any trade or business or undertaking any other employment without previous permission in .....
Tag this Judgment!Court : Jammu and Kashmir
..... duties being performed at the time respondent met with accident, the injuries can be held attributable to military service. here the controversy is notwithstanding gravity of injuries sustained, the army personnel would be entitled to disability pension having regard to the status i.e. on duty, casual leave, out pass at the time of accident.13. in jujhar ..... union of india and ors versus jujhgar singh air2011sc2598 10. learned counsel for the respondent on the other hand relies upon law laid down in jitendra kumar versus chief of army staff and others 2007 lab. i.c. 141 ( delhi high court) and also jujhar singh s case (supra) also relied upon by the learned counsel for the ..... of the force. the nexus between the two is not apparently one so as to cover every injury or accident. the hazards of army service cannot be stretched to the extent of unlawful and entirely unconnected acts or omissions on the part of the member of the force even when he is on leave. the fine line of distinction has .....
Tag this Judgment!Court : Jammu and Kashmir
..... two have accepted the punishments awarded to them by the sgcm. 14. section 3(i), (ii) and (x), section 9 with comments and section 108 of the army act 1950 are taken note of : 3(i) active service, as applied to a person subject to this act, means the time during which such person (a) is attached to, or ..... above recorded discussion, we hold that the pre-trial and post-trial proceedings, conducted against the respondents, are in accordance with the mandate contained in the army act 1950 and army rules 1954 and there has been no breach of any provisions contained therein. we, accordingly, allow these letters patent appeals, set aside the impugned judgement dated ..... territorial integrity of the country, the army personnel have to be the people possessed of high moral values and practising utmost discipline. the army act 1950, in the backdrop of article 33 of the constitution of india is designed and engineered to ensure that the indian army becomes a model army in the world. there cannot be .....
Tag this Judgment!Court : Jammu and Kashmir
..... ground that there was no casual connection between the nature of injuries and the relevant factors for grant of disability pension under regulation 179 of the pension regulations for the army part-i, 1961, his claim for disability pension was rejected. it would be appropriate to set out regulation 179 of the regulations, which is directly relevant for the ..... as attributable to or aggravated by military service. the member of the armed forces who is claiming disability pension must be able to show a normal nexus between the act, omission or commission resulting in an injury to the person and the normal expected standard of duties and way of life expected from a member of such forces. inasmuch ..... 9. mr. qureshi, learned counsel for the appellant has placed reliance on a division bench judge of delhi high court rendered in the case of jatinder kumar v. chief of army staff and others [wp(c) no.1637/2006, w.p.(c) no.2325/2002 and w.p.(c) no.9839/2005 decided on 19.10.2006]. the aforesaid judgment .....
Tag this Judgment!Court : Jammu and Kashmir
..... farid ahmed and extra-judicial confession of accused. in so far as extra-judicial confession is concerned, the same does not fall within the purview of section 27 of the evidence act and has rightly been discarded from consideration. on its plain reading, the fard-iinkshaf is a confessional statement which does not lay information leading to discovery ..... denied the truth of the statement to the extent of escaping of accused and claimed that he had told the police about the threat emanating from the accused. army personnel had not visited the spot. police arrived there on the next day, lifted the axe and sealed it. police station was at a distance of 15 ..... that he was threatened by the accused with elimination if he disclosed the incident to anybody. the witness claims to have called muneer hussain and jamal din. nearby army post was informed of the incident which called the police. police arrived on spot, seized body of the deceased besides blood-stained soil and axe. postmortem was .....
Tag this Judgment!Court : Jammu and Kashmir
..... question in this appeal. mr. bhat, learned counsel for the appellants submitted that the objections filed by the appellants were in essence an application filed under section 33 of the act of 2002 and no limitation period is prescribed for filing the said application. he invited attention of the court to the grounds enumerated in the objections ..... and submitted that reading of the grounds projected in the objections would show that section 33 of the act of 2002 is attracted and section 30 thereof is not attracted. learned counsel for the appellants also invited our attention to the award in a bid to demonstrate that ..... reveal that it has not been the case projected before the learned single judge by the learned counsel for the appellants that they had filed application under section 33 of the act of 2002. in fact they have not joined the issue before the learned single judge on this count. they are, thus, precluded from stating that .....
Tag this Judgment!Court : Jammu and Kashmir
..... followed in letter and spirit.10. admittedly, no agreement has been entered into by the company with the government as provided under section 41 of the act of 1990. the expression in section 41 is proposed acquisition . section 41 does not provide that the agreement is to be entered into after publication of the award.11. the argument of learned ..... question in any court on the ground that it contravenes the provisions of clause (2) of this article or has contravened the provisions of sub-section (2) of section 2999 of the government of india act, 1935. 6. articles 19(1)(f) and 31 of the constitution of india continue to be applicable to the state of j&k, ..... disposed of in the following manner:- i) by issuance of writ of certiorari, all notification/ declarations and award published after the issuance of notice under section 4(1) of the land acquisition act, are quashed. ii) the official respondents are at liberty to re- consider the whole issue in the light of the provisions of the state land .....
Tag this Judgment!Court : Jammu and Kashmir
..... not the ceiling . the regulations of 1998, as pointed out earlier, have been made by mci in exercise of powers available under section 33 indian medical council act 1956 with the previous sanction of the central government. the regulations therefore have statutory flavour and are to be followed by the medical ..... recruitment rules occupying the field. let us now shift focus to mci regulations.18. medical council of india in exercise of powers conferred by section 33, indian medical council act, 1956, with the previous sanction of the central government, has made regulations called minimum qualifications for teachers in medical institution regulations, 1998 (hereinafter ..... central government are statutory. these regulations are framed to carry out the purposes of the medical council act and for various purposes mentioned in section 33. if a regulation falls within the purposes referred under section 33 of the medical council at, it will have mandatory force. 23. the question again surfaced .....
Tag this Judgment!Court : Jammu and Kashmir
..... sanjay and anr. air 200.sc 396.7. as a sequel to the above discussion, the case titled as satvir singh v. bindu bala filed under section 9 of the hindu marriage act, 1955 pending in the court of additional district judge, udhampur is ordered to be transferred to jammu. the learned principal district judge, udhampur, is directed ..... m. kumar, cj 1.mrs. bindu bala, wife of the respondent has approached this court with a prayer that the proceedings initiated by her husband under section 9 of the hindu marriage act, 1955 in the court of additional district judge, udhampur may be transferred to a court of competent jurisdiction at jammu.2. it has been pointed out that ..... jammu.6. the respondent appears to have sufficient income being working in the indian army. it is true that transfer of petition filed under section 9 of the hindu marriage act, 1955 which, in fact, is a counter blast to the petition filed under section 488 cr.pc would cause some inconvenience to respondent, yet it would be far .....
Tag this Judgment!Court : Jammu and Kashmir
..... hon ble mr. justice hasnain massodi, judge date:14. 02.2013 : : m. m. kumar, cj 1.this appeal by the oriental insurance company limited preferred under section 17 of the jammu and kashmir consumer protection act, 1987 is directed against award dated 27.11.2009 passed by the j&k state consumer disputes redressal commission, jammu ( for brevity the commission). the commission .....
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