Court : Jammu and Kashmir
..... in the existing entries of column 2 and 3 of serial no.72 in part-i of the schedule to the dentists act, 1948, pertaining to recognition of dental degrees awarded by rajasthan university of health sciences, jaipur against rajasthan dental college and hospital, jaipur, various entries have b een entered which include prosthodontics and ..... 4) in terms of section 33 read with section 34 of the dentist act, 1948 (hereinafter for short referred to as the act), name of the petitioner, on acquiring qualification of bds, has been entered in the register on 14.03.2009, ..... as is a requirement in terms of sub-section (2) of section 10 of the dentists act, 1948, the notification, as has been issued, at the top carries the following entry: to be published in part-ii, section 3 of the sub-section (ii) of ..... no.84 in part-i of the schedule to the dentists act, 1948 pertaining to recognition of dental degrees awarded by pandit b. ..... india, ministry of health and family welfare, issued notification dated 16th april, 2015 in exercise of the powers conferred by subsection (2) of section 10 of the dentists act, 1948 after consultation with dental council of india, whereby part-i of the schedule to the said act has been amended. ..... in terms of section 40 of the act, a registered dentist shall be entitled to have entered in the register any further recognized dental qualification which he may acquire and it is in terms of section 40, an additional qualification of post graduation(mds) of the petitioner has .....
Tag this Judgment!Court : Jammu and Kashmir
..... it has also been observed that bujo devi had filed form-5 for resumption of the land under section 7 of the act based thereon mutation under section 7 of the act has been attested vide mutation no.132, which has not been challenged which means that bujo devi has admitted the petitioner as tenant. ..... to say that the petitioner has not filed any resumption form is irrelevant, when the mutation under section 7 of the act based on such resumption form has been attested in the year 1999 and not challenged till date. 11. ..... vide mutation no.66 attested under section 4 of the agrarian reforms act, 1976 (for short the act ) on 18.01.1980 on spot in presence of the villagers, respondent no.3-pareeto has been found to be a tiller cultivating the land on behalf of the owner against the payment of 1/4th of the produce. ..... petitioner-ex landlord challenged the mutation no.66 attested under section 4 of the act on 18.01.1980 in the year 2005 by instituting an appeal captioned bujo devi vs. ..... the petitioner as landlord in terms of section 7 of the act had filed an application for resumption of the land which application has been allowed based on which mutation under section 7 of the act bearing no.132 has been attested on 27.11.1999. .....
Tag this Judgment!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 ..... functions 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 ..... the context otherwise requires:- (1) accountability commission means the institution established under section 3; (2) action means action taken by way of decision, recommendation or finding or in any other manner and includes failure to act and all other expressions connoting action shall be construed accordingly; (3) allegations in relation to a public functionary includes any affirmation that such public functionary in his capacity as such- (a) is guilty of corruption, favoritism, nepotism or lack .....
Tag this Judgment!Court : Jammu and Kashmir
..... the petitioner could challenge the execution of will and consequent grant of letter of administration only if under any provision of law including the arms act, he was to become the sole licencee of the gun manufacturing license after the death of his partner late shri swami dhirendra brahmchari. ..... grant of manufacturing license on the basis of letter of administration or otherwise, is a matter which is entirely within the domain of the licensing authority under the arms act and rules therein which position has been made clear in the judgment itself. 11. ..... instant appeal is also under section 86 of the j and k probate and administration act, 1977 read with section rule 38(1)(c) of the jandk high court rules of 1999 r/w section 151 cpc has been filed assailing the judgment and order dated 14.06.2002 passed by the court of principal district judge ..... dharam pal, in place of dharindra brahamchari, since deceased, in accordance with arms act, rules and notification, same shall be made uninfluenced by any direction or observation made by the learned single judge in the order impugned. ..... appeal under section 86 of the jandk probate and administration act, 1977 is directed against order dated 25.4.1995 passed by court of district judge jammu, in terms whereof, application under section 50/51 of the jandk probate and administration act, 1977 seeking revocation of the letter of administration issued in favour of shri dharam pal has been rejected. 2. .....
Tag this Judgment!Court : Jammu and Kashmir
..... that constitutional authorities are to maintain sanctity of state flag and respect the state flag in terms of the constitutional provisions and the jammu and kashmir prevention of insult to state honour act, 1979; that there is a stated position under section 144 of the state constitution about the state flag and non-hoisting of the flag by constitutional authorities would amount to insult to the flag. 30 ..... dated 12th december 2015, reminding them that they by not respecting the flag in the manner indicated in the circular, may attract penal consequences under jandk prevention of insult to state honours act, 1979,it was not open to respondents to withdraw circular by one line order without indicating reasons for such withdrawal. ..... sense that once a person in terms of a written circular is required to act in a particular manner as acting in the manner directed would be necessary to carry out mandate of law, the net effect of withdrawing such circular would be declaring that the person need not act in the manner he was required to act in obedience to constitution and law. 31. ..... india and state subject, has right to seek enforcement of constitutional mandate, the jammu and kashmir prevention of insult to state honour act, 1979 read with circular no.13-gad of 2015 dated 12th march 2015. ..... adhere to and abide by mandate and spirit of section 144, constitution of jammu and kashmir, jandk prevention of insult to state honour act, 1979 and circular no.13-gad of 2015 dated 12th march 2015. .....
Tag this Judgment!Court : Jammu and Kashmir
..... sentence in respect of the juvenile, forward the juvenile to the board which shall pass orders in respect of that juvenile in accordance with the provisions of this act as if it had been satisfied on inquiry under this act that a juvenile has committed the offence: provided that the board may, for any adequate and special reason to be mentioned in the order, review the case ..... sessions judge jammu to inquire into and determine age of the appellant as on 28.08.2005, exactly or as nearly as may be, in accordance with the statutory provisions, that is, section 8 of the act of 2013 read with rules 74 and 75 of the rules of 2014 as discussed above and send the record of the inquiry, decision in the matter and the record of the case to this court. ..... , learned senior advocate would say that learned trial court has failed in conducting inquiry for determining age of the appellant in the manner provided under section 32 of the act of 1997 and the rules framed thereunder inasmuch as learned trial court committed error of law in ignoring the date of birth certificate issued by headmaster of the school and ..... in conflict with law, in any court, the determination of juvenility of such a juvenile shall be in terms of clause (n) of section 2, even if the juvenile ceases to be so on or before the date of commencement of this act and the provisions of this act shall apply as if the said provisions had been in force, for all purposes and at all material times when the alleged offence was committed. 74. .....
Tag this Judgment!Court : Jammu and Kashmir
..... article, the government of the state means the person for the time being recognised by the president as the maharaja of jammu and kashmir acting on the advice of the council of ministers for the time being in office under the maharaja s proclamation dated the fifth day of march, 1948; (c) the provisions of article 1 and of this article shall apply in relation to that state; (d) such of the other provisions of ..... 477), while commenting upon ambit and scope of article 16 has held that expression matters relating to employment used in article 16(1) is not confined to initial matters at or prior to act of employment, but comprehends all matters in relation to employment both prior, and subsequent, to the employment which are incidental to the employment and form part of the terms and conditions ..... defence, external affairs and communications, in relation to the state and such powers and functions vested under government of india act 1935 as in force on august 15th 1947, yet the attending circumstances of the signing of instrument of accession and its acceptance, sufficiently indicate that contemporaneously with the signing of the ..... placement in seniority list over petitioners and resultantly their promotion ahead of petitioners on the ground that private respondents belong to reserved category within meaning of reservation act and in terms of section 6 of reservation act and rules 9, 10 and 34 of reservation rules, have right to get roster position at prescribed slots above petitioners. .....
Tag this Judgment!Court : Jammu and Kashmir
..... slashing down of the amount, considering the request of the learned counsel for the appellant and having regard to the fact that procedure is contemplated under section 11 and 16 of the jammu and kashmir consumer protection act, 1987, we are of the view that the order passed by the consumer commission needs to be set aside. 7. ..... and that the appellant-company was not given chance to adduce evidence to justify the slashing of the amount by the surveyor and the same is in violation of rule 11 and 16 of the jammu and kashmir consumer protection act, 1987. 3. .....
Tag this Judgment!Court : Jammu and Kashmir
..... he was possessing illegal arms, based on which case has been registered as fir no.77/2009 p/s sheergari for commission of offences punishable under section 7/25 arms act, 121-a, 120-b rpc read with 30 police act. .....
Tag this Judgment!Court : Jammu and Kashmir
..... keeping in view the schedule attached to the motor vehicles act and the inflation factor, the claimants are held entitled to rs. ..... keeping in view the schedule attached to the motor vehicles act and the inflation factor, the claimant is held entitled to rs. .....
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