Judgment Search Results Home > Cases Phrase: explosives act 1884 section 4 definitions Sorted by: old Court: jammu and kashmir Year: 2006 Page 2 of about 32 results (0.192 seconds)

New India Assurance Co. Vs. Abdul Rashid Rather and ors.

Court : Jammu and Kashmir

Reported in : 2007(1)JKJ108

..... interpreting the policy conditions would apply 'the rule of main purpose' and the concept of 'fundamental breach' to allow defences available to the insured under section 149(2) of the act.14. whether licence was renewed or not that cannot be a ground for holding that driver was not duly licenced and was not having effective licence. ..... was duly licenced driver is illegal erroneous.3. learned counsel for respondents argued that appellant failed to prove that owner committed any breach in terms of section 149 of motor vehicles act. the finding returned by the tribunal is legal one needs no interference.4. the claimants, respondents 3 to 8, filed a claim petition before motor ..... it was held that the insurance company cannot challenge the quantum of compensation awarded by the tribunal. the only ground open to insurer is contained in section 149(2) of the motor vehicles act. in national insurance co. ltd. v. swaran singh and ors. 2004(1) scale 180, this court has held that 'mere absence, fake .....

Abdul Rehman Wani Vs. State and ors.

Court : Jammu and Kashmir

Reported in : 2007(1)JKJ156

..... .2. in their reply respondents while stating that while posted in police station, budgam and investigating a criminal case under fir no. 160/87 and 161/87 registered respectively under sections 380 and 392 rfc, the petitioner as investigating officer police, was found to have returned 57 seized golden coins to one gh. qadir sofi after retaining 13 out of 70 ..... as an assistant sub-inspector or sub-inspector, is guilty of grave misconduct of a nature reflecting upon his character or fitness for responsibility or who shows either by specific acts or by his record as a whole, that he is unlit for promotion to higher rank shall be reported to the inspector general of police for removal from list d .....

Building Operation Vs. Jyoti Singh and anr.

Court : Jammu and Kashmir

..... regulation an offence of a minor nature shall include an erection or re-erection of the building, which has taken place in violation of permission referred in section 4 of the act, deemed permission as specified sub-clause 2 of clause 7 of the regulation provided.ix. does not violate the approved land use of the area as ..... population. what is prohibited under 1998 regulations is provided under these regulations which read:appeal (1) an appeal against the order of the authority made under section 5 & 7 of the act shall lie before the chairman of the j & k special tribunal or such other members of the said tribunal as may be decided by the same ..... authority has called in question order dated 9-9-2005 passed by respondent no.2 in exercise of its appellate jurisdiction under the provisions of control of building operations act, 1988.2. briefly stated the facts as emerge from the record reveal that respondent no. 1 applied to the petitioner for grant of sanction/permission for construction .....

United India Insurance Co. Ltd. Vs. Bishno Devi and ors.

Court : Jammu and Kashmir

Reported in : 2006(2)JKJ495

..... of punjab and haryana chameli and ors. v. mukesh and ors. reported as 2002 acj 1344, to urge that section 2(44) of the motor vehicles act defines the tractor, which in terms of section 2(28) of the motor vehicles act falls in the definition of motor vehicle and the claim was, thus, maintainable under the motor vehicles ..... carrying passengers. deceaseds using the tractor as a mode of transport would not, thus, entitle his dependants to claim any relief of compensation from the insurer under the motor vehicles act 1988.learned counsel relies on natwar parikh and co. ltd. v. state of karnataka and ors. reported as : air2005sc3428 .8. sh. s. a. salaria, learned ..... act.9. he further submits that the insurance policy does not prohibit the carrying of persons on the tractor where specific .....

State Vs. Jeevan Lal and ors.

Court : Jammu and Kashmir

Reported in : 2007CriLJ490

..... therefore, both of them can claim benefit to the extent that they have caused individually the non-fatal injury. hence both the accused cannot be convicted under section 302, rpc. however, both the accused have participated in the attack on the deceased vijay kumar, therefore, they had the knowledge that the injury given in ..... anju balla, dr. tr gupta, nazir ahmed, constable, ganesh raj sharma, si, isher dass, and sham lal, asi.8. when the appellant accused were examined under section 342, cr.p.c. to explain the incriminating evidence appearing in the prosecution evidence, they have not denied the occurrence. accused shankar dass took the plea that alter ..... the abdomen would likely to cause death, therefore, the act of both the accused will fall under section 304, part-i culpable homicide not amounting to murder. therefore, jeewan lal is convicted under section 304, part-i rpc and taking into consideration the facts and circumstances of the case, .....

Jyotsna Mengi Vs. Chairman, Psc and ors.

Court : Jammu and Kashmir

..... and up-date the list taking into consideration the developments in technology.the reservation of posts identified for physically handicapped/disabled persons is provided by section 22 of the disability act, which reads as follows:22. reservation of posts. - the government shall appoint in every establishment such percentage of vacancies not less than three ..... in any such department or establishment by a notification. the 'establishment' as per the definition provided in section 2(f) of the disability act, means a corporation established by or under a central or state act, or an authority or a body owned or controlled or aided by the government or a local authority ..... which provision has been made for giving representation to the persons suffering from physical disabilities in the employment under the government. section 21 of the disability act provides for identification of the posts which can be reserved for the persons with disabilities. it reads as follows:21. identification of .....

Sher Singh Vs. State of J. and K.

Court : Jammu and Kashmir

Reported in : 2007CriLJ513

..... sent to him by the police. such is the position of law as to the proving of the contents of a document. chapter iv of the evidence act smvt. 1977, in section 60, provides that oral evidence must in all cases whatever, be direct, that is to say if it refers to an opinion or to the grounds on ..... admissible in evidence. section 510 of the chapter xli of the code of criminal procedure dealing with special rules of evidence, reads thus:510. report of chemical examiner(1) any document purporting to be a report under the hand of any chemical examiner or assistant chemical examiner to government (or the chief inspector of explosive or the director ..... most casual and cursory manner.incriminating circumstances appearing in evidence in a prosecution are required to be put separately to the accused for his explanation, is the mandate of section 342 of the code of criminal procedure. learned sessions judge has committed an error in not following this mandate. appellant's counsel, in my opinion, is, thus, .....

Sat Paul Sahani and ors. Vs. Ved Paul and ors.

Court : Jammu and Kashmir

Reported in : 2007(3)JKJ101

..... the period specified in the said act, the court shall, in considering the application under the said section 5, have due regard, to the fact of such ignorance, if proved.a perusal of the rule would show that on the ..... consequence, abated, and(b) the plaintiff applies after the expiry of the period specified therefore in the limitation act, 1995 for setting aside the abatement and also for the admission of that application under section 5 of that act on the ground that he had, by reason of such ignorance, sufficient cause for not making the application within ..... be substituted on the pain of the action abating. with utmost diligence from a multitude sonic one may escape notice and the consequent hardship in abatement of act ion let this court assert the principle that where some legal representatives are brought on record permitting an inference that the estate is adequately represented, the action .....

Hemkund Transport Service Vs. Union of India (Uoi) and ors.

Court : Jammu and Kashmir

Reported in : 2008(1)CTLJ115(J& K),2007(1)JKJ379

..... concern was assessed to income tax and was a bona fide assessee whose transactions were transparent and covered by the provisions of the income tax act, 1961. section 139a of the income tax act is reproduced hereunder for reference:139a. permanent account number.-(1) every person(i) if his total income or the total income of any ..... on 23rd august 2006, the supplementary deed has neither been got registered before the sub registrar nor before the registrar of firms under registration act. section 63(i) of the partnership act provides that for any change in the constitution of the firm a notice has to be given to the registrar for such change specifying the ..... thereby disentitled the petitioner to rely on the properties of the seventh partner to project the financial soundness of the petitioner firm. he relies on section 17 of the registration act to urge that requirement of registration of any partnership deed in the state of j&k; was compulsory, and omission to get the supplementary .....

Puri Sons Engineers Pvt. Ltd. Vs. State and ors.

Court : Jammu and Kashmir

Reported in : 2007(2)JKJ122

..... 'contract for sale'.7. the decision on these points would clinch the issue. the argument of mr. naik that in terms of the provisions of section 11 of jammu & kashmir general sales tax act, 1962, the petitioner could have filed an appeal before the tribunal, is devoid of any force, for the following reasons:8. when the impugned order ..... the goods are sent which must be different from the state from which the goods move.if these conditions are satisfied then by virtue of section 9 of the central sales tax act it is the state from which the goods move which will be competent to levy the tax under the provisions of the central sales tax ..... constrained to file an application and, accordingly, impugned order came to be passed.3. petitioner could not file appeal in terms of mandate of section 11 of the (unamended) jammu & kashmir general sales tax act, 1962, for the reasons that appeal could have been preferred before the special tribunal, but composition of special tribunal had not started at that .....