Court : Jammu and Kashmir
Decided on : Feb-26-2003
Reported in : II(2004)ACC752,2005ACJ1258,2003(2)JKJ308
..... as finding as regard negligence or contributory negligence of the offending vehicle, unless the conditions precedent specified in section 170 of 1988 act is satisfied. motor vehicle accident claim is a tortious claim directed against tort-feasors who are the insured and the driver of the vehicle and the ..... sc 3350, a similar question came up for consideration before the apex court, and it was observed as under:'even if no appeal is preferred under section 173 of 1988 act by an insured against the award of a tribunal, it is not permissible for an insurer to file an appeal questioning the quantum of compensation as well ..... on account of the contract of the insurance but that does not mean that the insurance company can avail a larger defence on merit unless permission under section 170 of the act is granted by the tribunal consequently, it must be held that on the facts of the present case, the insurance company is not entitled to file .....
Tag this Judgment!Court : Jammu and Kashmir
Decided on : Feb-10-2003
Reported in : 2003CriLJ2237,2003(3)JKJ268
..... or drink has been rendered noxious. this offence is thus different from that which is covered by the provisions of food adulteration act. thus mixing of water with milk for sale may not be an offence under section 272 of the penal code. in such cases, it has to be demonstrated that by doing so the milk was rendered ..... would be noxious to the religious and social feelings of both hindus and mohammedans but i am of opinion that such an act would not come within the meaning of the expression 'noxious as food' which occurs in section 272, indian penal code. that expression obviously means unwholesome as food or injurious to health and not repugnant to one' ..... registration no. jkr-1237 was parked in the factory premises. the contained basin adulterated with wheat flour. this was seized. this led to proceedings being taken under section 3/7 of the essential commodities act. samples were sent to the public analyst. it is found that the samples of basin were adulterated. charge was framed under .....
Tag this Judgment!Court : Jammu and Kashmir
Decided on : Feb-10-2003
Reported in : 2005(2)ARBLR309(J& K)
..... the timber even after inspection and postponed the date for delivery itself. this led the appellant to prefer an application before this court. this was under section 20 of the j&k; arbitration act samvat 2002. this court on 23.08.1989 directed that the dispute be referred to the sole arbitration of a retired judge of this court. an ..... ;(ii) that there was absolutely no justification to come to a conclusion that the award suffered from any misconduct which could fall within the purview of section 30/33 of the j&k; arbitration act;(iii) that a new case which was not pleaded has been made out.6. in particular, it is submitted that the observations, 'learned arbitrator ..... pronouncements, referred to by the learned counsel for the parties, we are of the opinion that the scope of interference in proceedings under section 30/33 of the arbitration act is limited. the court is not to act as a court of appeal. it is not within the domain of this court to re-examine the conclusions arrived at by an .....
Tag this Judgment!Court : Jammu and Kashmir
Decided on : Feb-10-2003
Reported in : 2003(1)JKJ745
..... 87 is also required to be taken note of. this is also being reproduced below:-'i have been directed to convey to you that under the provisions of army act section 20(1) read in conjunction with army rule 17 of the chief of the army staff has dismissed you from the service. the dismissal is to be effective from ..... consider the meaning of the words in the opinion of the state government. these words occurred in section 16(1) of the punjab minicipal act. this section proved that. 'the state government may, by notification, remove any member of a committee.....if in the opinion of the state government he has flagrantly ..... ' would mean 'judgement or belief that is a belief or a conviction resulting from what one thinks on a particular question.' this view was expressed while interpreting section 50 of the evidence act. a full bench of punjab high court in the case reported as air 1963 punjab 280, joginder singh v. the state of punjab, had an occassion to .....
Tag this Judgment!Court : Jammu and Kashmir
Decided on : Feb-10-2003
Reported in : II(2005)ACC498
..... was on account of the negligence of appellant electric department, the electric current passed through the building and the resultant death of gh. mohd. took place. notice under section 80 of the code of civil procedure was served. thereafter trial was conducted. the issues which were framed are as under:(1) whether the suit is not mainiainable ..... trunk railway co. of canada v. jennings (1888) 13 a.c. 800, their lordships of the privy council, while considering the provision of lord compbell's act (fatal accidents act, 1846) made the following observations:where the widow of deceased is the plaintiff, and her husband had made provision for her by a policy on his own life ..... was that sums payable on death under any contract of social assurance or insurance are not to be taken into consideration when compensation is awarded under the motor vehicles act. again in the case of perry v. chleaver 1969 a.c.j. 363, the claimant received injuries in a motor accident. he was discharged from service. .....
Tag this Judgment!Court : Jammu and Kashmir
Decided on : Feb-10-2003
Reported in : 2003(1)JKJ706
..... it was on account of the negligence of appellant electric department, the electric current passed through the building and the resultant death ofgh. mohd took place. notice under section 80 of the code of civil procedure was served. thereafter trial was conducted. the issues which were framed are as under:1/ whether the suit is not ..... trunk railway company of canada v. jennings, (1888) 13 a.c. 800, their lordships of the privy council, while considering the provision of lord campbell's act (fatal accidents act, 1846) made the following observations:;'where the widow of deceased is the plaintiff, and her husband had made provision for her by a policy on his own ..... was that sums payable on death under any contract of social assurance or insurance are not to be taken into consideration when compensation is awarded under the motor vehicles act. again in the case of perry v. cleaver, 1969 acj 363, the claimant received injuries in a motor accident. he was discharged from service. he was .....
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