Judgment Search Results Home > Cases Phrase: commercial documents evidence act 1939 section 2 statements of relevant facts in scheduled documents to be themselves relevant facts Court: jammu and kashmir

Kishori Lal and ors. Vs. Chaman Lal and ors.

Court : Jammu and Kashmir

Reported in : 2007(3)JKJ133

..... confronting him with the same in terms of section 145 of the evidence act?iii) as to whether a plaint in a civil suit is a public document and in particular as to whether a plaint could be said to be a piece of evidence without formal proof otherwise required in terms of the provisions of the act.iv) as to whether the provisions of section 11 (wrongly mentioned as 17) of the common land (regulation) act could be claimed by a person who had let out the land in question in abadi deh for purposes of commercial use and construction and in particular what is the ..... gur dei and ors.the facts relevant for the disposal of the present appeal are as under:2. ..... thus the plaintiff was very specific about his case and this fact was known even to the defendants too who have contested with it in the written statement. ..... so the evidence of the patwari based on revenue record which has not been prepared correctly regarding the position and situation of the land in question cannot be deemed sufficient to rebut the statement on oath of the plaintiff.32. ..... there is solitary statement of the plaintiff to prove this issue. ..... 1 in his written statement has no doubt asserted that there was no entrance gate and passage at all at the point as shown in the plan by the plaintiff. .....

Sher-i-kashmir National Medical Institute Trust Vs. State of J and K a ...

Court : Jammu and Kashmir

..... interest;(iv) the trust failed to provide adequate representation to the government in the management of kashmir nursing home;(v) the trust converted the drug research laboratory at moulana azad road, kothibagh into a commercial complex and transferred the properties to third parties in violation of the government order and the purpose for which the property was transferred to it;(vi) the trust committed breaches despite notices and warning;(vii ..... section 17 of the jammu and kashmir registration act makes registration of instrument of gift of immovable property as well as other non-testamentary instruments purporting to create any right, title or interest in immovable property or acknowledging creation of such right, title or interest, compulsory and it would be useful for the sake of reference to quote the section so far as relevant as under:documents ..... in reply affidavit the respondents have taken certain preliminary objections to the maintainability of the writ petition on the ground that the petition involved disputed questions of fact which could not be gone into in writ jurisdiction; that the petitioner had alternative remedy available under the general law and, therefore, could not invoke the remedy ..... produced attested photocopies of the statements showing details of the lands under ..... the learned judge dwelt upon the acts of mismanagement /maladministration and finally concluded that in view of overwhelming evidence brought on record by the state, the government should not be .....

Madan Mohan Sharma Vs. Collector and anr.

Court : Jammu and Kashmir

Reported in : 2006(3)JKJ589

..... justification to interfere with the determination of rate of compensation of the land acquired by the collector in his award and subsequently upheld by the reference court because neither any documentary nor any oral evidence has been produced by the appellant-petitioner with regard to the sale of the land within the vicinity either adjacent or nearby to the land acquired to prove the enhanced rate of compensation per ..... not only with reference to its condition at the time of the declaration under section 6 of the act but its potential, commercial value and also location must be taken into account. ..... proceedings was produced before the sub-committee of the assistant collectors which, however, considered both these documents and found in view of their long past experience and being employees of revenue department dealing with frequently ..... the petitioner in stating that the amount of compensation has not been determined in accordance with the market rate prevailing at the relevant point of time, in the absence of any evidence oral or documentary produced in support of his claim for enhancement of compensation. ..... 10/88 rea dated 23.4.1980 irrespective of the apportionment statement of the award which, in fact, is contrary to the revenue record and the observations ..... (madan mohan's) title on the land prima facie appear to be established by documents placed on the record of the writ petition. 5. ..... he had prepared the document showing the average three years value of the land and submitted a .....

M.i.E and R and anr. Vs. Commissioner of Sales Tax and ors.

Court : Jammu and Kashmir

..... the petitioner received another notice dated 10.04.2000 regarding hearing of suo-moto revision under section 3 of the section 10 of the act against the order of the appellate authority holding the petitioner to be exempt from the ..... preferred therefrom was allowed by the appellate authority vide order dated 22.04.1999;(iv) that suo-moto revisional proceedings were instituted by respondent no, 1 by issuing notice dated 22.11.1999 under section 10(3) of the act; and(v) that the impugned order dated 22.12.2000 has been passed by respondent no. ..... of statements have been checked with the relevant ledgers ..... interested in the dispute to present his case on questions of law as well as fact, ascertainment of facts from materials before the tribunal after disclosing the materials to the party against whom it is intended to use them, and adjudication by a reasoned judgment upon a finding of the facts in controversy and application of the law to the facts found, are attributes of even a quasi-judicial determination. ..... the assessing authority made the following report:from evidence filed, it is clear that the institution has income from fees from students, interest ..... documents accompanied with the application, it was found that the institute was not qualifying for being declared as a charitable institution in terms of the above provisions of the act. ..... which clearly indicates that the petitioner institute is a profit making and commercial institute. ..... with copies of certain documents as listed in para .....

Bari Brahmana Industries Asso and anr. Vs. Power Development Deptt., a ...

Court : Jammu and Kashmir

Reported in : 2008(3)JKJ464

..... arguments and confining it within the aforesaid zone of consideration, has projected the following flaws in the impugned order:(a) the commission has not maintained the transparency envisaged under section 22 of the act and it has, in fact, acted in a mechanical manner and dittoed the arr and the tariff proposal put forth by the utility/licensee without assigning cogent reasons meaning thereby that the order suffers ..... such characteristics as the load factor, voltage, extent of technical and commercial losses etc.sub-clause (6) of regulation 7 also reads as under:the commission may fix targets, both long term and short term for loss reduction to bring down the distribution loss levels (both technical and commercial) gradually to acceptable norms of efficiency.relevant portion of regulation 11 reads as under:employee costs, administration and general ..... they contend it is evident that the above provisions of the 1948 act especially the sixth schedule empower only the licensee to determine the tariff and that the schedule having been retained in the 1998 act, none else than the ..... meeting the subsidy by observing that all the departments to whom the energy is being supplied at a subsidized rate shall themselves bear the burden of receiving energy at a subsidized rate.112. ..... (4) the distribution licensee shall be required to furnish documents to the satisfaction of the commission that the subsidy amount received by the distribution licensee from the government is duly accounted for and .....

Firdous Ahmad Tanki and ors. Vs. J and K Bank Ltd. and State of J and ...

Court : Jammu and Kashmir

Reported in : 2006(2)JKJ146

..... the meaning of article 12 of the constitution, however, at the time of hearing another allied issue was raised by the learned counsel for the petitioner viz, notwithstanding the fact whether the bank is a state or an authority or its instrumentality within the meaning of article 12 of the constitution, it is still amenable to writ jurisdiction under article 226 ..... or commits any statutory breach of its obligation under any statute, the statement made by us hereinabove that we cannot compel the respondent- bank to surrender to the jurisdiction of this court, cannot be utilized as a sweeping statement not to compel the bank to exercise its statutory duties in an eventuality ..... securities and number of such other activities as are relevant to and related to the banking business in general sub-section (b) of section 6 further empowers a banking company to act as agent for any government or local authority or any other person or persons. ..... formed are amongst others to advance and develop the financial, commercial, industrial and agriculture interests of the jammu and kashmir state ..... /documents with a view to up-grade the necessary information relevant for ..... business as a scheduled bank, cannot ..... subject to the provisions of the companies act, 1956 and the banking regulation act, 1949 the directors may, from time to time, appoint one of themselves, who shall be a government director, ..... 7,50,00,00 equity shares of rs 10/- each (as is evident from the amended memorandum and article of association placed .....

Jai Krishan Basotra Vs. Santosh Gupta

Court : Jammu and Kashmir

Reported in : 2008(3)JKJ306

..... have come up on both sides of the apsra road during the pendency of the suit.6-b that the plaintiff/her husband along with their sons constitute joint family and they have put their house to commercial use during the pendency of the suit where sons of the plaintiff have opened cyber cafe under the name and style of m/s friends internet cafe after obtaining the telephone number in the name of the ..... it is well settled, as noted herein earlier, that at the time of considering the prayer for amendment of the written statement, it would not be open to the court to go into the fact whether in fact the suit in view of section 230 of the india contract act was or is not maintainable.14. ..... gupta, for whose benefit, use and occupation the suit had been filed, is gainfully employed as he had opened a cyber cafe in the house where the shop in dispute is located, is certainly a plea which, if proved, would be relevant in determining as to whether or not the respondent personal requirement for the use and occupation of the shop by her son was reasonable.9. ..... the trial court shall take up the case every week to conclude petitioners evidence which he is permitted to produce on his own and for that purpose the trial court shall not permit him more than three opportunities to produce his oral evidence and certified copies of the public documents which petitioners learned counsel had during the course of hearing of this petition sought to produce along with petitioners oral evidence. .....

Prabhat Terpenes and Synthetics Pvt. Ltd. Vs. State and ors.

Court : Jammu and Kashmir

Reported in : AIR2008J& K29

..... up by the respondents which is supported by their documentary evidence and statement of accounts, i am not inclined to accept the petitioner's version that the corporation had not issued any notice to it before initiating action under section 29 of the state financial corporation act and that its action was unfair besides being unreasonable.21. ..... learned senior counsel, both appearing for the respondents submitted that the petitioner had raised disputed questions of fact in the writ petition which were not required to be gone into in the present proceedings and that from the conduct of the petitioner, it stood established, on the basis of documentary evidence produced by the respondents that the petitioner had all along admitted its liability to pay the amount due ..... (2005)4scc456 , the disputed questions of fact raised by the petitioner in this petition regarding non-settlement of accounts before initiation of action under section 29 of the state financial corporation act, 1951 cannot be gone into because jurisdiction under article 226 of the constitution of india read with section 103 of the constitution of jammu and kashmir, is not appellate in nature and may not be exercised particularly in commercial matters relating to recovery of secured debts unless ..... of learned counsel for the parties and going through the documents placed by the respondents and the petitioner-company on records ..... that the borrower had failed to follow the schedule for repayment or loan which had swollen to,. .....

Trehan Industries Pvt. Ltd. Vs. State of J and K and ors.

Court : Jammu and Kashmir

Reported in : 2004(2)JKJ447

..... are likely to be affected by the proposed action must be afforded an opportunity of being heard as to why that action should not be taken''courts have generally read into the provisions of the relevant sections, a requirement of giving a reasonable opportunity of being heard before an order is made which would have adverse civil consequences for the parties affected. ..... that:'the law may, therefore, now be taken to be sensed as a result of this decision (anglo afghan agencies case) that where the government makes a promise knowing or intending that it would be acted on by the promisee and in fact the promisee acting in reliance on it, alters his position, the government would be held bound by the promise and the promise would be enforceable against the government. ..... emerging out from the above is that it is not open to the respondents-state to take the refuge under the pretext of non-signing of the formal document/agreement in presence of unequivocal documentary evidence reflecting the decision carrying the full traits of an agreement.20. ..... state of west bengal reported as 1987 (1) scc 295, the apex court held that:'whether decision of commercial nature taken by state government after a process of protracted discussions, consultations, negotiations and consideration of various aspects, then absence of few considerations not fatal to the decision on ground ..... the actions of the state or its instrumentalities engaged in commercial transactions must be reasonable, fair and just even where .....

Pine Chemicals Vs. Assessing Authority and ors.

Court : Jammu and Kashmir

Reported in : [1989]73STC101(NULL)

..... up the factory as per its own admission contained in the documents annexed with the petition, is not entitled to invoke the doctrine of promissory estoppel; (iii) that the very fact that ..... (i) that the order cannot be construed as an outright exemption from payment of sales tax in the absence of a notification under section 6 of the act and this was so understood and construed by the petitioner as would be evident from its own conduct; (ii) that the petitioner having not acted upon any representation and being not even sure of the existence of incentives offered in the government orders, even after having set ..... this letter read with the earlier letter dated 28th may, 1979, by themselves are sufficient to establish that the petitioner-company never acted upon the so-called representation either before setting up the factory or while effecting the sale and both these requirements are pre-conditions ..... an initial period of five years from the date the unit goes into commercial production with respect to raw materials and finished goods. ..... in which the petitioner was allowed to set up the factory in private sector and the date on which it laid the foundation of the factory, are relevant to reach a conclusion whether the petitioner had, in fact, acted on the representation of the state. .....