Court : Jammu and Kashmir
Decided on : Dec-27-1989
Reported in : AIR1991J& K26
..... allegedly practised by the defendants in obtaining the decree against him which is sought to be quashed in the suit. fraud has been defined under section 17 of the contract act and misrepresentation under section 18. under order vi, rule 4 of the cpc, it is provided that in all cases in which the parties pleadings rely on any misrepresentation ..... establishing the pleas raised by him and the interest of the plaintiff can be protected by passing the appropriate directions. the plaintiff is also entitled to the benefits of section 144 of cpc, if ultimately the decree impugned in this suit is varied or reversed. as the plaintiff has been held to be not having a prima facie ..... by the court below.4. in his written statement, the defendant no. 1 has submitted that the present suit is not maintainable in view of the provisions of section 47 and order xxi of cpc. the suit of the plaintiff is also held to be barred by time. it is submitted that after having approached the executing court .....
Tag this Judgment!Court : Jammu and Kashmir
Decided on : Nov-09-1989
Reported in : AIR1990J& K49
..... and conscious', the award would be liable to be set aside on the ground of legal misconduct attributable to the arbitrators. while making a reference under section 20 of the arb. act, the court is not under an obligation to specify the matter in difference between the parties and it would be sufficient if reference is made to ..... or legal misconduct in relation to the arbitrator's conduct or the proceedings making out a ground for setting aside the award under clause (a) of section 30 of the arb. act. the term has to be interpreted in a wider sense including the legal misconduct which means some palpably erroneous though honest decision particularly when it causes ..... 4 7. all these issues are inter-connected and the decision of one would determine the fate of all the issues:the term misconduct occurring in section 30 of the arbitration act has not been defined and it is difficult to give an exhaustive definition to what amounts the misconduct on the part, of the arbitrator. the expression .....
Tag this Judgment!Court : Jammu and Kashmir
Decided on : Nov-09-1989
Reported in : (1999)IIILLJ335J& K
..... is rejected.6. it is regrettable that the district judge without referring to the provisions of law entertained the appeal in contravention of the provisions of section 17(1)-a of the payment of wages act as has been alleged by the petitioner and not denied by the respondents. the approach adopted by the district judge while deciding the appeal under the ..... the district judge, the order passed by the appellate court cannot be equated with the order passed by the authority under the payment of wages act. section 115 of the c.p.c. empowers this court to call for the record of any case which has been decided by any court subordinate to the high court ..... rs. 34,507/- (thirty four thousand five hundred and seven only) to the petitioner while disposing of a group of applications filed under the provisions of section 16(2)and section 15(2) of the payment of wages act. in the appeal filed by the respondent the district judge, udhampur set-aside the award of the authority under the payment of wages .....
Tag this Judgment!Court : Jammu and Kashmir
Decided on : Oct-07-1989
Reported in : AIR1991J& K30
..... plaintiff without reference to the pleas raised and relief prayed. mr. salaria has however submitted that in respect of suits falling under clause (iv) of section 78 the court-fee act liberty has been given to the plaintiff to value his claim for purposes of court-fee and he cannot be compelled to value the same according to ..... obtain a declaratory decree or order where consequential relief is prayed can value the suit according to the amount at which the relief is sought. under section 8 of the suits valuation act, in such suit the value as determinable for the computation of court-fee and the value for purposes of jurisdiction has to be the same. ..... declaration along with consequential relief of injunction was required to be valued for purposes of court-fee and jurisdiction in terms of section 7(iv)(c) of the court-fees act read with section 8 of the suits valuation act. the plaintiff was directed to properly value the suit and file the amended plaint. in the amended plaint filed the .....
Tag this Judgment!Court : Jammu and Kashmir
Decided on : Aug-23-1989
Reported in : 1990ACJ364,(1991)IILLJ386J& K
..... fell due the claimants are held entitled to the award of interest at the rate of 6% per annum of the amount due payable to them under section 4-a of the act.22. all the petitioners are held entitled to share equally the compensation alongwith interest. the amount falling due to the share of the minors shall be deposited ..... a) is set aside and the deceased shri sain bahadur held to be workman under respondent no. l. respondent no. l is deemed to be employer of deceased under section 12 of the act. in view of finding on this issue, issue (c) is also decided against the respondents.12. no finding is required to be given on issues (b), (d ..... the process commences as soon as effective steps are taken for a commercial and trade activity connected with the manufacturing as defined under various sub-clauses of section 2(k) of the factories act. the process does not depend upon the ultimate result of its being succesfull in the form of actual manufactured product. there may be a manufacturing process .....
Tag this Judgment!Court : Jammu and Kashmir
Decided on : Jun-02-1989
Reported in : 1989CriLJ2486
..... , they must be connected together by proximity of time, proximity or unity of place, continuity of action and continuity of purpose or design.similarly, under section 7 of the evidence act, facts which are the occasion, cause or effect, immediate or otherwise, or facts in issue, or which constitute the state of things under which they ..... furnished by those circumstances must be so far complete as not to leave any reasonable ground for conclusion consistent with the innocence of the accused.under section 6 of the evidence act, facts which, though not in issue, are so connected with a fact in issue as to form part of the same transaction, are relevant, ..... the very outset that in the present case the said declaration is very much relevant. dying declarations are admissible under clause (1) of section 32 of the evidence act, which along with section 33 are exceptions to the general rule that hearsay evidence is not admissible. no particular procedure has been prescribed by any provision of law .....
Tag this Judgment!Court : Jammu and Kashmir
Decided on : Jun-01-1989
Reported in : AIR1991J& K15
..... defendant had not committed three legal defaults in the payment of the rent within the period of 18 months despite notice an envisaged under the provisions of section 11 read with section 12 of the act. the finding of the trial court on issues 1 and 4 is upheld.15. in view of the decision on the point of law formulated in ..... averred that the defendant had made three legal defaults within a period of 18 months, as envisaged under the provisions of sub-section (3)of section 12, read with clause (i) of sub-section (1) of section 11 of the act and that the plaintiff had harped on the tune that the rent for a period of more than three years was outstanding against ..... for the payment of the rent and his failure to pay the rent after the determination of tenancy could not be held to be ground for eviction under section 11(i) of the act. elaborating his argument the learned counsel has submitted that before determination of the tenancy, three legal defaults in the payment of the rent must be complete .....
Tag this Judgment!Court : Jammu and Kashmir
Decided on : May-11-1989
Reported in : 1989CriLJ2543
..... when the petitioner was still under custody in the above referred case, district magistrate, jammu on nov. 22,1988 passed the impugned order detaining the petitioners under section 8 of the act. the district magistrate has not mentioned anything about earlier detention of the petitioner in the impugned order. now we will have to see the consequences which will follow ..... gold etc. at about 2 a.m. on 13-10-1988. on this information a case fir no. 282/88 under section 2/25 iaa under section 3 of passport (entry into india) act under section 4 of terrorists and disruptive activities act was registered at p/s r.s. pura. accordingly nakabandi was organised at r.s. pura, miran sahib, kotli mian ..... orderk.k. gupta, j.1. faqir singh petitioner has been detained for a period of 24 months under section 8 of public safety act, (for short act hereinafter), vide order no. 54/88 dated november 22, 1988, passed by the district magistrate, jammu. the grounds on which such detention has been ordered are given .....
Tag this Judgment!Court : Jammu and Kashmir
Decided on : May-01-1989
Reported in : AIR1990J& K65
..... petitioners had been pressing their demand to withdraw the notification. thereafter second notification was issued on 6-4-1984. in the said notification objections under section 5 of the act were also invited and objections to the said notification seem to have been filed on 14-4-1984 through one a a zargar president of ..... to be used for slum clearance which was not detailed out in the notification and which prevented the petitioners from filing effective representation.18. section 4 of the land acquisition act empowers the collector to issue notification which is issued with view to hold preliminary investigation.the said notification is to be affixed at convenient ..... against the respondents restraining them from interfering with the lawful possession of the petitioners' properties. the facts lie in their compass.2. notification under section 4 of the land acquisition act was issued by respondent no. 4 on 20.12, 1982, copy whereof is annexure p/1 to the petition. same was published in the .....
Tag this Judgment!Court : Jammu and Kashmir
Decided on : Apr-12-1989
Reported in : AIR1991J& K20
..... a dealer and were such substance falling under sub-rule (9) of rule 65 of the rules the seizure made as such cannot be supported under section 22(c) of the act and liable to be quashed.9. this brings me to the last contention as to the issuance of writ of prohibition against the respondents to refrain ..... advocate-general mr. a. v. gupta referred to the provisions of j & k a & u act, 1959 and submitted that under sub-section (3) of section 18 of the a & u act, 1959, a medical practitioner holding registration under the a & u act are only qualified to practise in ayurvedic and unani systems only. as such medical practitioners entered in part ..... the rules framed thereunder. on merits it is, therefore, submitted that the inspector rightly seized the medicines in exercise of powers under section 22 of the drugs and cosmetics act, 1940, herein called as the act from the possession of the petitioner on november 15, 1977. the same can neither be said to be without jurisdiction nor the petitioner .....
Tag this Judgment!