Judgment Search Results Home > Cases Phrase: continuance of legal proceedings act 1948 Court: jammu and kashmir Page 1 of about 35 results (0.130 seconds)

Employees' State Insurance Corporation Vs. Raj Kumar and Ors.

Court : Jammu and Kashmir

Reported in : (2003)IIILLJ429J& K

..... he has further submitted that the procedure provided under the act and the regulations made thereto have not been followed in the order dropping the criminal proceedings against the accused suffer from legal infirmity and deserves to be set aside.8. ..... joinery mills, akhnoor road, jammu under section 85(a) of the employees' state insurance act, 1948 (hereinafter referred to as 'the' act') and another complaint against raj kumar choudhary in file no. ..... the employees' state insurance act, 1948 is a legislation which aims at bringing about social justice to the poor labour class of the land. ..... joinery mills, akhnoor, jammu had failed to submit the return of contribution as required under sections 39, 40(1), 43 and 44 of the act read with regulation 26 of the employees' state insurance (general) regulations, 1950 for the contribution period ending september 1992 to march, 1993 specified under schedule-i of the act, which is an offence punishable under section 85(e) of the employees' state insurance act 1948.5. ..... wherein it was held that the complaint is vague as it neither indicated nor prescribed as to how the concern in question falls within the scope of the factory, formed an opinion that the case against the accused cannot continue and accordingly dropped the proceedings vide judgment dated april 30, 2001.7. mr. .....

Javid Ahmad Zargar and ors. Vs. Attorney General of India and ors.

Court : Jammu and Kashmir

Reported in : 1996CriLJ3006

..... may be instituted, continued or enforced and any such penalty, forfeiture or punishment may be imposed as if this ..... sub-section (4) also provided that any such investigation, legal proceedings or remedy may be instituted, continued or enforced, as if the act had not at all expired. ..... this act or any rule made thereunder or any order made under any such rule, or(b) any right, privilege, obligation or liability acquired, accrued or incurred under this act or any rule made thereunder or any order made under any such rule, or(c) any penalty, forfeiture or punishment incurred in respect of any offence under, this act or any contravention of any rule made under this act or of any order made under any such rule, or(d) any investigation, legal proceeding or remedy ..... pant, once the legislature saved all investigations, legal proceedings and remedies, which were going on or were available during the life of the act, it also saved the right to a fair, impartial and speedy trial. .....

Gh. Rasool Bhat and ors. Vs. Badrinath Bhat and ors.

Court : Jammu and Kashmir

Reported in : AIR2009J& K53,2008(3)JKJ239

..... has concluded that the jammu and kashmir migrant (stay of legal proceeding) act 1997 has been promulgated at the later point of time which ..... and kashmir migrant (stay of legal proceedings) act 1997 was promulgated after the jammu and kashmir migrant immovable property (preservation, protection and restraint on distress sales) act 1997, therefore, proceedings are not required to be ..... but at the same time, as rightly pointed out by the appearing counsel for petitioner, the jammu and kashmir migrant (stay of legal proceedings) act 1997 has come into force on 02.06.1997. ..... enquiry for the purposes of the grant of permission by the prescribed authority shall be limited to the question of sale being not distress;(b) any alienation of immovable property on or after the commencement of this act, in contravention to the provisions thereof, shall be null and void and immovable property so alienated shall, after such enquiry as may be prescribed, vest in its owner; and(c) no document purporting to alienate ..... , is forbidden: provided that no such permission shall be necessary in case of a mortgage without possession of such immovable property in favour of an institution mentioned in section 4-a of the jammu and kashmir alienation of land act samvat 1995 and transfer of the said immovable property in favour of government of jammu and kashmir;provided further that the permission to alienate shall be deemed to have been granted, if an application seeking permission for alienation of ..... proceedings act .....

Conservator of Forests Vs. Khajur Singh and ors.

Court : Jammu and Kashmir

..... according to the learned counsel since the appeal is continuation of the original proceeding, the jurisdiction of this court to do justice, ignoring the technical rules, remains available event at the ..... submitted that the present proceedings arise from a petition under article 226 of the constitution and the jurisdiction of this court under this article is not hedged in by technical rules prescribed in the code of civil procedure and the limitation act. ..... categories are applications for-i) review of judgment, ii) leave to appeal, iii) setting aside an order of dismissal of suit for plaintiff's default, iv) setting aside a decree passed ex parte in an original suit or appeal, v) bringing on record legal representatives of a deceased party, and vi) setting aside an abatement of suit or appeal. 11. ..... in support of the legal arguments submitted by the learned counsel he invites our attention to article 168 of the limitation act which prescribes period of 30 days for filing application for re-admission of appeal dismissed in ..... inform the applicants about the substitution and second, that the certified copy of the order of dismissal issued by the registrar of this court did not contain the names of the substituted legal representatives, but of the deceased respondent. ..... singh has submitted that section 5 of the limitation act does not apply to an application for re-admission of ..... instead of the substituted legal representatives of the deceased respondent, the respondent herself was impleaded .....

Mian Bashir Ahmad and Etc. Vs. State of J. and K. and ors.

Court : Jammu and Kashmir

..... constitution guarantees complete immunity from legal proceedings, whether civil or criminal in respect of anything said while participating in the proceedings of the house or ..... intention behind this provision of the constitution was to render a person's membership of a house of legislature effective and meaningful by ensuring complete freedom of debate and discussion in the house so long and so long only as the person continued to be a member of the house of legislature; but if in pursuance to the passing of a valid law a member incures disqualification and by virtue of such disqualification he was prevented from attending or participating in the business ..... .(5) on facts of the case, shri malik mohi-ud-din, however, continues to be a member of the state assembly as at the time the impugned act came into force he had resigned from the national conference party and was either an independent member ..... therefore, disallowed and it is held that the impugned act does not apply to him and that he shall continue to be and remain as a member of the ..... hand his right to continue as a member of the house which he acquires not under the constitution but under the provisions of the representation of the people act, which is sought ..... section 24-g of the act only disqualifies him from continuing to be a ..... be, and continue to be, a member of the legislative assembly brought the instant writ petition challenging the vires of the act no ..... . act does not deal with the continuation of the legislator as .....

Deeba Farhat, Juzia Ali, Basharat Manoor, Farya Khalid, Birjis Ayub Kh ...

Court : Jammu and Kashmir

Reported in : 2003(1)JKJ509

..... it was during the pendency of the legal proceedings, initiated against ascoms, by the students seeking admission in the said college, thatfor the first time sro 43 dated ..... the issues, which emerged consequent to the decision of the supreme court in uni krishnan's case, were being considered and discussed at various levels, the private medical colleges in the state continued to make admissions, cognizance of which was suo-moto taken by this court in writ petition owp no: 1419/1996 and general directions were issued vide order dated 28.8.1997 consequently students of ..... now proceed to notice some of the provisions of india medical council act and ..... the state government took over the management of the jvcms under j&k; charitable endowment act, 1989, and transferred the management of the college to sher-i-kashmir institute of medical science difficulty of the students, although their admissions were made on the same pattern and in the same manner as ..... the government by treating the students of the said college as a class by themselves, had acted in accordance with the recognized course as was adopted at karnataka, to meet one time extra ordinary situation.the courts have by and large always learned in favour of the students community moreso ..... reported in the respective medical college, completed all the formalities required under rules, paid the fees and then actually attended the classes and in these circumstances the petitioners acted upon the order of admission before its cancelation. .....

State of J and K Vs. Joginder Parkash

Court : Jammu and Kashmir

Reported in : 2005(3)JKJ373

..... under the act of 1975 and the legal proceedings could be instituted, continued or enforced and any such penalty of forfeiture or punishment provided under the act of 1975 could be imposed by deeming that the repealing act had not ..... investigation, legal proceeding or remedy may be instituted, continued or enforced and any such penalty, forfeiture or punishment may be imposed as if the repealing act had ..... acquired, accrued or incurred under any enactment so repealed; oraffect any penalty, forfeiture or punishment incurred in respect of any offence committed against any enactment so repealed, or;affect any investigation, legal proceeding or remedy in respect of any such right, privilege,obligation,liability,penalty,forfeiture or punishment as aforesaid. ..... thus there is a clear provision in the repealing act that the pending proceedings shall not lapse and would be governed by sec.6 of the general clauses act and as already noticed sec.6 of the said act provides for continuation of the proceedings and even imposition of penalty in respect of cases where liability ..... notwithstanding such repeal all cases pending before the anti-corruption tribunal are investigated by the investigating agency under the said act shall stand transferred to the government and the inquiry in every such case shall be continued by the inquiry officer, appointed by the government, from the stage left over by the said tribunal in accordance with the rules regulating the departmental inquiries of public servants .....

J.S. Modi Vs. State of J and K Through Chief Secretary and Two ors.

Court : Jammu and Kashmir

Reported in : 2005CriLJ4256,2005(3)JKJ96

..... to quash the criminal proceedings, is that 'where there is an express legal bar engrafted in any of the provisions of the code of criminal procedure or the concerned act to the institution and continuance of the proceedings ..... . the net deductions from the ratio of the aforesaid judgment of the apex court could evidently be drawn that in order to correct the error of trial subordinate court or for quashing the proceedings that have resulted in abuse of the process of the court, or to secure the ends of justice, the petitioner can approach the high court by filing a petition under articles 226 and 227 of the ..... . challan/final report presented in the court of law based on the second fir and further continuation of the proceedings in the court certainly amounts to abuse of the process of the court and is a fit case for exercising powers under section 561-a of the ..... commissioner of inquiries and the findings returned by him stood accepted by the government in fully exonerating the petitioner based on the facts and defence taken by him, rendered it illegal and the subsequent proceedings launched in the court of special judge, anti-corruption, jammu, against the petitioner clearly amounts to the abuse of the process of the court and are not sustainable in law.7 ..... . the king, air 1948 pc 82, it was pointed out:'the sanction to prosecute is an important matter, it constitutes a condition precedent to the institution of the prosecution and the government have an absolute discretion to .....

Hotel President, Srinagar Vs. State of Jammu and Kashmir and ors.

Court : Jammu and Kashmir

..... , obligation or liability acquired, accrued or incurred under any enactment so repealed; or(d) affect any penalty, forfeiture or punishment incurred in respect of any offence committed against any enactment so repealed; or(e) affect any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid ; and any such investigation, legal proceedings or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed as if the repealing act had not been passed. ..... it further provides that despite repeal, any investigation, legal proceeding or remedy may be instituted, continued or enforced, and any penalty , forfeiture or punishment may be imposed as if the repealing act had not been passed.5. ..... the repeal has also in no manner affected the legal proceedings pending under the repealed act and the authorities are free to continue the same under the provisions of the repealed act. ..... they would be within their powers even to institute fresh investigation or legal proceedings under the repealed act in a given case despite its repeal. .....

State of Jammu and Kashmir and anr. Vs. Ghulam Rasool and anr.

Court : Jammu and Kashmir

..... bound to honour the possession of a person over its property acquired by the latter without any right or title till it has taken recourse to eject him through legal proceedings is further borne out from section 9 of the specific relief act which makes an exception for a suit under the said section against the govt. ..... it is not necessary for him to take recourse to legal proceedings in order to vindicate his rights of ownership and possession in respect of his property which has been taken into possession by another without any ..... neither principle nor authority to support the rather strange proposition that in spite of the valid termination of the right of the licensee, he can continue to exercise his right until the licenser obtains a decree from the court prohibiting him from doing so. ..... if a license validly determines the right of a licensee to do or continue to do in or upon the immovable property of the licenser anything in enjoyment of that license would come to an end, the result of which will be to make further exercise of that ..... death the petitioners, other members of thejoint family, continued the management. ..... the true owner may incur under the criminal law or even under the civil law for use of ex~ cessive force, the trespasser will not be entitled to maintain a civil action against him so as to continue the trespass.' 7. mr. ..... a licence is a right 'to do or continue to do in or upon the immovable property of the grantor something, which would, in the absence of such a right .....