Court : Jammu and Kashmir
..... .2. the accident of electrocution has not been disputed. even negligence is proved on presentation of challan against negligent employees after investigation of case fir no. 80/2001 registered under section 304- 2 a rpc at police station, mandi poonch. it shows that on account of negligence and carelessness imputable to the departmental employee, accident has occurred and the petitioner died ..... earning rs.150/- per day. respondents have failed to rebut the said facts. in order to assess the compensation, i deem it proper to apply the schedule of motor vehicles act. while going through the schedule, multiplier of 17 is applicable, however, it is proper to adopt 16 instead of 17 in the instant case. as discussed above, the respondents have .....
Tag this Judgment!Court : Jammu and Kashmir
..... the commission to make regulations, as it may deem necessary, for carrying out the purposes of the act. it is insisted that sub-section 2 of section 31 does not control sub section (1) of section 31 of the act and that the former is only illustrative and not exhaustive in character. the argument is far from ..... complaint, order inquiry, investigation or proceedings against a public functionary, the legal cover provided to the public functionary will disappear and the object of section 24 of the act would be defeated. let us assume that the commission without a complaint decides to suo moto, direct investigation, inquiry or proceedings against a public ..... to make a brief survey of background facts.3. shri mohd. shafi indrabi filed a complaint being not j- 115/2006 before accountability commission under section 11 of the act, against smt. sunali kumar, principal secretary health and medical education department and ranjit kour, ex- principal/tutor of amt school, srinagar, alleging financial .....
Tag this Judgment!Court : Jammu and Kashmir
..... they approached this court by their writ petition owp no. 1471/2010 seeking following relief:- petition under article 226 of the constitution of india read with section 103 of the constitution of jammu & kashmir for issuance of an appropriate writ, direction or order commanding the respondent no.2 to issue a certificate of ..... according to the petitioners, refusal of certificates was unjustified and even otherwise unwarranted, in that, such refusal would defeat the social purpose, which the reservation act contemplated for those residing in backward areas. by way of alternate relief, they seek striking down of the jammu and kashmir reservation rules urging these, particularly ..... , poonam khajuria, suman lata, rajni kumari and nisha kumari, came to be settled in areas notified as backward areas under the jammu and kashmir reservation act, 2004, after their marriage to persons who were already residing in these areas. 2 their request for issuance of certificates of being the members of socially .....
Tag this Judgment!Court : Jammu and Kashmir
..... consortium and rs.15,000/- (rupees fifteen thousand) for funeral expenses to the claimants urging that in view of what was contained in second schedule issued under section 163-a of the motor vehicles act, 1988, only rs.5,000/- (rupees five thousand) for loss of consortium and rs.2,000/- (rupees two thousand) for funeral expenses could permissibly ..... and material on records.7. appellant s learned counsel s first submission that compensation more than the one indicated in the second 4 schedule issued under section 163-a of the motor vehicles act, was not awardable for loss of consortium and funeral expenses, may not be tenable, in that, the schedule would not as such apply to ..... in cost of living that the country has witnessed for the last eighteen years after coming into force of section 163-a of the act, cannot be lost sight of, when despite there being provision in section 163-a of the act providing for 5 amendment in the schedule on the basis of the cost of living, the schedule has not .....
Tag this Judgment!Court : Jammu and Kashmir
..... compensation for those who suffer because of the loss of life or injury caused to the victims of the motor vehicular accidents, in terms of section 163 a of the motor vehicle act, 1988 and the law laid down by hon ble supreme court of india in sarla verma & ors v. delhi transport corporation & anr. ..... a case against the functionaries of the power development department of the state government under section 304- a rpc for their rash and negligent act in dealing with electric energy, the state cannot be heard on nonmaintainability of the writ petition. the state s objection is, therefore, ..... of uncontrolled discharge of high voltage electric energy, the respondents objection to the maintainability of the writ petition may not be tenable additionally because no act, overt act or omission has been attributed to the deceased which may be said to have led to his electrocution. this apart, the police department having registered .....
Tag this Judgment!Court : Jammu and Kashmir
..... 11.2012 : : m. m. kumar, cj 1.this is an application with a prayer for transferring the petition filed by the respondent-husband under section 9 of the hindu marriage act ( for brevity the act ) titled as baljeet singh v. satinder kour and ors pending in the court of additional district judge, srinagar to any court of competent jurisdiction at ..... magistrate, jammu. a copy of the summons issued by the said court has been placed as annexure c1. it has been alleged that a petition under section 9 of the act could have been filed only against the wife-petitioner no.1 and there was no reason to drag in the father, mother and brother of petitioner no. ..... be convenient for the respondent-husband to prosecute his suit for 3 restitution of conjugal rights under section 9 of the act at jammu because he is already defending litigation initiated by his wife at jammu. therefore, the petitioner under section 9 of the act, titled as baljeet singh v. satinder kour and ors, pending in the court of additional .....
Tag this Judgment!Court : Jammu and Kashmir
..... now shifts to the second issue viz. whether the qualifications prescribed for recruitment as data entry operator and promotion to the posts of selection grade data entry operator, section officer (computer), assistant registrar (computer) and deputy registrar (computer), prescribe state government s recognition, only for degree in computer application and not for diploma in computer ..... to their merit, and if the candidates were not available, by adopting other mode prescribed for such contingencies in the rules and order issued by the acting chief justice.19. in terms of the notified mode of recruitment and promotion, even in the event of non-availability of candidates in the relevant feeding cadre ..... the service. this probably appears to be the reason that the promotions and adjustments came to be made pursuant to the orders of the acting chief justice; but without getting the matter examined by the registry on the eligibility or otherwise of the persons recommended by the judges committee .....
Tag this Judgment!Court : Jammu and Kashmir
..... is pertinent to mention that order dated 02.09.2002 passed by the revenue minister in exercise of his revisional jurisdiction under section 6 of the jammu and kashmir grant of permanent resident certificate (procedure) act, 1963 was the subject matter of challenge, by which the hon ble minister cancelled the permanent resident certificate issued in the ..... added 4. on the basis of principle and precedent the division bench proceeded to firstly discuss the definition of expression permanent residents and concluded that by virtue of section 6 of the constitution of jammu and kashmir read with other two notifications, the term class-i state subject would mean all persons who were born and are ..... that we should re-open the findings recorded by the division bench. the review jurisdiction cannot possibly be used for that purpose. this is not the scope of section 114 read with order xxxxiii rule 1 c.p.c. there is no error apparent on the face of the record warranting review of the order dated 10 .....
Tag this Judgment!Court : Jammu and Kashmir
..... admissions made in contravention of the stipulations set out in the communication dated 28th september, 2006, would be treated as irregular and action under section 10-b of the act initiated against the trust. the government of india vide its communication dated 10th october, 2006 extended the deadline for completing the admission process from ..... dental council of india regulations is attributable to the delay in grant of letter of intent and grant of permission in terms of section 10-a (4) of the dentists amendment act 1993. it is pointed out that the permission was granted on 28th september, 2006 and the admission initially directed to be completed by ..... dated 26th september, 2006. the government of india, accordingly, vide letter dated 28th september, 2006 conveyed formal permission to the trust under section 10-a (4) of the dentists (amendment) act, 1993 to establish a new dental college, under name and style of institute of dental sciences with intake capacity of one hundred students, .....
Tag this Judgment!Court : Jammu and Kashmir
..... admissions made in contravention of the stipulations set out in the communication dated 28th september, 2006, would be treated as irregular and action under section 10-b of the act initiated against the trust. the government of india vide its communication dated 10th october, 2006 extended the deadline for completing the admission process from ..... dental council of india regulations is attributable to the delay in grant of letter of intent and grant of permission in terms of section 10-a (4) of the dentists amendment act 1993. it is pointed out that the permission was granted on 28th september, 2006 and the admission initially directed to be completed by ..... dated 26th september, 2006. the government of india, accordingly, vide letter dated 28th september, 2006 conveyed formal permission to the trust under section 10-a (4) of the dentists (amendment) act, 1993 to establish a new dental college, under name and style of institute of dental sciences with intake capacity of one hundred students, .....
Tag this Judgment!