Judgment Search Results Home > Cases Phrase: bombay police act 1951 maharashtra section 60 appeal Court: jammu and kashmir Page 3 of about 46 results (0.115 seconds)

National Insurance Co. Ltd. Vs. Shiv Dutt Sharma

Court : Jammu and Kashmir

Reported in : 2004ACJ2049

..... before proceeding to deal with the meaning of the term accident and whether these cases fall within the scope of section 147 of the motor vehicles act, 1988, it would be apt to first refer to a decision of this court given in case titled sneh sharma ..... . it is true that the peril which he faces must not be personal to him; the peril must be incidental to his employment and he must not by his own act add to the peril which he faces has nothing to do with his own action or his own conduct but it is a peril which would have been faced by any other employee or any other member of the public ..... . 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 employment in order that the court can say that the accident arose out ..... be mentioned in the annual performance report of the concerned officer.these appeals are as such found to be without merit and are dismissed ..... above case the vehicle came within the range of the cross-firing going on between the police and the terrorists in the district of ferozepur in punjab. ..... village kavatha in the district of satara, state of maharashtra. ..... . the division bench of the bombay high court has held thus:'it is clear that there must be a causal connection between the accident and the employment in order that it could be said that the accident arose out of the employment of .....

Yog Raj Vs. Kuldeep Raj Gupta and anr.

Court : Jammu and Kashmir

Reported in : AIR2002J& K12

..... a perusal of the above statutory provisions would indicate that this section does not completely oust the jurisdiction of the civil court. ..... by adding the proviso along with an explanation the purpose and the object of the amending act appears to be to compel the party challenging the compromise to question the same before the court which had recorded the compromise in question ..... this section provides as under :'jurisdiction of civil courts barred :-- nocivil court shall have jurisdiction to entertain any claim to enforce any right under a mortgage declared extinguished under this act or to question the validity of any proceedings under this act.'58. ..... it was stated that on account of the bar created under section 47 and order 21 of the code, the suit was not maintainable ..... the explanation made it clear that an agreement or a compromise which is void or viodable under the indian contract act shall not be deemed to be lawful within the meaning of the said rule. ..... the present suit out of this appeal has arisen was filed on 31-10-1999 ..... in state of maharashtra v. ..... of the conditions as mentioned in section 16 are present in this case. ..... section 16 of the 1976 act deals with the jurisdiction of the civil ..... 1 is to the effect as to whether suit filed by the plaintiff is maintainable under section 47 and order 21 of the cpc. ..... it has been held that the suit filed by the plaintiff is not maintainable in view of the provisions contained under section 47 and order 21 of the cpc. ..... seogeni rai, air 1951 sc 280. .....

University of Jammu and ors. Vs. Brinder Nath and ors.

Court : Jammu and Kashmir

Reported in : AIR2000J& K93

..... view expressed by the national commission in registrar university of bombay (supra) has been followed by maharashtra, andhra pradesh, kerala and delhi state commissions in maharashtra state board of secondary education v. ..... of the above, we are of the opinion that:(i) the appellant university was not sued in its corporate name;(ii) the petition was highly belated;(iii) the act of the university and boards holding public examinations, evaluating answer papers and announcing results thereof does not amount to rendering service for hire. ..... even otherwise on the plain reading of the sub-sections of the act of 1987 quoted above it can be said that the function of conducting examination evaluating answer papers, publishing results ..... maharashtra state consumer disputes redressal commission, bombay in the ..... municipal committee, ropar, air 1943 lahore 318, an appeal preferred by the municipal committee without there being a resolution on its part was held to be not ..... a perusal of the section 4 of the kashmir & jammu university act, 1969 makes it apparent that the university being a corporate body was supposed to be sued in its corporate ..... in view of the fact that the appeal is allowed, the appellant-university is at liberty to withdraw the amount which was deposited by it in pursuance of the directions given by ..... the appeal is ..... first appeal no ..... 1998) i cpj 592 (supra) has expressed a view contrary to that it expressed in the decision which was relied by the commission in the order under appeal i.e. .....

Mukhtar-ul-aziz Vs. State of J and K and ors.

Court : Jammu and Kashmir

Reported in : 2005(2)JKJ583,(2005)IILLJ1059J& K

..... , (1998) 4 scc 179, it was observed:'power to relax recruitment rules may or any other rule made by the state government, under article 309 of the constitution of which the corresponding provision is contained in section 124 of the constitution of jammu and kashmir, is conferred upon the government to meet any emergent situation where injustice might have been caused or is likely to be caused to any individual employee or class of employees or where ..... he recommended the respondent for appointment on the post of trade agent for period of six months at one at one of the trade agencies of the jammu and kashmir government at amritsar, chandigarh or bombay where public property worth several crores had been misappropriated by influential people masquerading as loyalists of the jammu and kashmir government. ..... 1961 madras 450, appointment of the respondent as government pleader was held to be fraudulent use of power but the madras high court declined to interfere observing:'acts of favouritism by way of backdoor appointment and diviations from fair play and justice are not uncommon features in the administration of any government, in any country ..... dispute being same and the appeal arising from the writ petition itself, both writ petition and appeal were taken up for hearing ..... state of maharashtra referred to narender chadha case ( ..... (adm) ta.20/90;v] referred to above, reveals that the respondent had submitted an application to the governor for appointment as deputy superintendent of police. .....

Zubair Ahmad Bhat Vs. State and ors.

Court : Jammu and Kashmir

Reported in : 2004(3)JKJ288

..... what is the fall out of such omission, it may be useful to refer to sub-section (1) section 13 of the jammu and kashmir public safety act 1978 which reads :'when a person is detained in pursuance of a detention order, the authority making the order shall, as soon as may be, [but ordinarily not later than five days and in exceptional circumstances and for ..... regard being had to the fact that the order of detention is founded on firs 155/02 and 161/02 which are closed by police coupled with the fact that it was passed subsequent to the culmination of firs as not proved ample indications were given to the learned appearing counsel for the respondents that review of the ..... in the result we set aside the judgment of the bombay high court under appeal, quash the order of detention and direct the petitioner be released ..... considered opinion that these questions have direct bearing on the claim laid by the detenue for compensation, it is appropriate to direct the district magistrate and superintendent of police concerned to file reply on affidavit within two weeks if they have anything to urge in opposition to the claim. ..... representation against the order is a fundamental right of the detenue, obviously, the authorities are duty bound to dispose of the representation at the earliest as otherwise the mandate of clause (5) of article 22 of the constitution of india and sub section 1 of section 13 of the jammu and kashmir public safety act 1978 would be diluted and frustrated.8. ..... of maharashtra and .....

Sardar Singh Vs. Karam Singh

Court : Jammu and Kashmir

Reported in : 2005(1)JKJ371

..... state of maharashtra, air 1965 sc 1433 the hon'ble supreme court considered the question whether a partner can be convicted under section 409 i.p.c. ..... their lordships while accepting the view of full bench of calcutta high court, expressed in bhuban mohan rana's case air 1951 sc 69 and later view of the same high court taken in okhoy coomer shah's case, 13 ben. ..... for the assessment years 1987-88, 1988-89, 1989-90 the assessing authority under j&k; general sales tax act, passed assessment orders dated 4-10-1991, 13-03-1993 and 29-10-19993, fixing the tax liability of the firm at rs. ..... and held him not guilty of the offence under the at section as the entrustment of the grain was made to the firm and not to him personally. ..... therefore, where the complaint by a partner under section 403 alleged that the other partner had converted the partnership business into ownership business and had not paid him his share of the partnership business, no offence of misappropriation under section 403 is made out when there is no allegation that the partnership has been dissolved. ..... 4,04,100/- which amount was deposited by the firm and then three appeals were filed by the accused on behalf of the firm before dy. ..... in velji's case the view of bombay high court that for constituting entrustment it is necessary that one partner must have given authority by the other partners for collecting the monies of the firm and that has been view of the apex .....

Shakeel Ahmad Mir Vs. State of J. and K. and ors.

Court : Jammu and Kashmir

Reported in : 2000CriLJ4108

..... relevant extract reads thus :--.your activities are highly prejudicial to the maintenance of security of the state and although you are at present in police custody there is every apprehension of your being bailed out and join militant activities again which possess a great threat to the security of the ..... out on bail for over four months, the detaining authority has in the grounds as also in the reply mentioned that the petitioner was in police custody when he was taken in preventive custody and ' handedover to jail authority at udhampur for confining him under the detention order. ..... in the result we set aside the judgment of the bombay high court under appeal, quash the order of detention and direct that the petitioner be released ..... passed detention order dms/psa/127, dated 30-11-1999 (annexure-p3) under section 3 of jammu and kashmir public safety act, 1978, whereunder one shakeel ahmad mir on whose behalf this h.c ..... it would be seen that the detaining authority was fed with information/report that the petitioner was in police custody when the order of detention was passed on 30-11-1999 and that his being out on bail posted potential threat to the security of the state the facts which run counter to ground reality of petitioner ..... also seen from record that the service of grounds on detenu claimed to be through ssp, srinagar/sho police station, mahragunj and divisional officer, police station, urdu bazar, is not supported by any material or documents on record. ..... of maharashtra (with .....

State of Jammu and Kashmir Vs. Dr. Karan Singh and anr.

Court : Jammu and Kashmir

Reported in : AIR1997J& K132

..... and the findings, it appears to us that a case is made out by the respondents, union of india and the state of jammu & kashmir, to accede to their contention that considering the provisions of section 115 of the evidence act and also referring to the concept of waiver, disclaimer or abandonment, regard being had to the facts and circumstances of the case, there is sufficient material before the court to record a finding against the ..... constitutional.the contention that valuable moveables (563) belonged to the huf of petitioner and therefore, an attempt was made to bring some of these articles to tax under the wealth tax act, 1957 by which the petitioner wanted to show his bona fides that these moveables are his private properties, it is necessary to mention here the hon'ble supreme court while dealing with ..... civil procedure (1908) in relation of section 3 of the limitation act referring to the plea taken in the plaint, the hon'ble supreme court held, as follows at page 1170 :--'.............a new plea of limitation which wasnot purely one of law bill a mixed question of law and facts should not have been allowed to be raised for the first time at the stage of arguments in second appeal by the high court especially when it ..... already pointed out that when the late maharaja hari singh died and passed away in bombay in the year 1961, he left his last will in which nothing is ..... treasury in 1951 and that ..... ) were brought over to srinagar and kept in 'toshkhana' at srinagar in the year 1951. .....

Ram and anr. Vs. State of Jammu and Kashmir and ors.

Court : Jammu and Kashmir

Reported in : AIR1999J& K130

..... as pointed out by this court, public purpose varies with the times and the prevailing conditions in localities, and in some towns like bombay the conditions are such that it is imperative that the state should do all it can to increase the availability of residential and industrial ..... abdul razak sahib, air 1973 sc 2361, observed that in the case of a notification under section 4 of the act, the law has prescribed that in addition to the publication of the notification in the official gazette, the collector must also give publicity of the substance of the notification in the ..... 1977 sc 660, the supreme court reiterated that a publication of the notice in the locality as required by the second part of section 4(1) is mandatory and unless that notice is given in accordance with the provisions contained therein, the entire acquisition proceedings are vitiated. ..... view the welfare of a large proportion of persons living in bombay is a matter of public concern and the notification served to enhance the welfare of this section of the community and this is public purpose. ..... secretary of state for india, air 1914 pc 20, it was observed :'certain land in malabar hill in bombay was being acquired by the government of bombay for constructing residences for government officers and the acquisition was objected to by the lessee of the land on the ground that the land was not being taken or made available to the public at large ..... state of maharashtra, air 1966 sc 1786 when para 20 of the judgment .....

Bashir Ahmed Hajam Vs. State

Court : Jammu and Kashmir

..... in the result we set aside the judgment of the bombay high court under appeal, quash the order of detention and direct tht the petitioner be released forthwith in shakeel ahmad v. ..... against his detention; second that it has taken state and its police agency over a month to execute the detention order when the detenu was with the respondents under punitive detention in fir no. ..... it is restintegra that a person in custody can be detained under public safety act but it can be done provided the detaining authority is aware of the pre-existence of custody of the subject and that there are compelling reasons to justify such detention. ..... by order 75 of 2002 dated 30.9.2002, subject bashir ahmed hajam has been detained u/s 8 of j&k; public safety act, 1978 with a view to prevent him from acting in any manner prejudicial to the security of the state. ..... we are not dealing with other contentions raised in the memorandum of appeal as well as in the writ petition.15. ..... in between the detenu was althrough with the respondents and its police agencies. ..... therefore, you are ordered to be detained under the provisions of j&k; public safety act 1978.9. ..... there has been no violation of procedural safeguards as laid down by public safety act, 1978. ..... 79/02 u/s 7/25 i.a.act at p/s kerri baramulla. ..... act registered at p/s kerri baramulla and third that despite the detenu/accused having been granted bail in fir no. .....