Judgment Search Results Home > Cases Phrase: finance act 1978 section 19 amendment of section 155 Court: jammu and kashmir Page 8 of about 128 results (0.297 seconds)

Ram Nath Vs. State of J. and K. and anr.

Court : Jammu and Kashmir

Reported in : AIR1984J& K56

..... the law may well be an elusive and unsafe guide and the supposed spirit can certainly not be given effect to in opposition to the plain language of the section of the act and the rules made thereunder. if all that can be said of these statutory provisions is that construed according to the ordinary, grammatical and natural meaning of their ..... this court in 1971 j & k lr 55 and 1982 kash lj 456 : (air 1983 noc 87). fazal ali, c. j. while considering the scope of section 12 (4) of the act held that the said section gave no discretion to the court and non-deposit of rent within the time allowed by the court mandated the court to strike out the defence ..... the rent control proceedings pending against him for ejectment he failed to deposit the rent as directed in the rant control suit. necessary consequences as laid down in section 12 (4) of the act followed. i do not think it necessary to go into the further details of the proceedings in the suit since it is not necessary for the disposal of .....

State of J. and K. and ors. Vs. Altaf Ahmed and anr.

Court : Jammu and Kashmir

..... 23, 1974. an appeal was filed against the decree by the state which was dismissed on may 31, 1985 for its failure to object to award under sections 30/33 of the act.4. respondent who are the l.rs of, partners of eastern forest company, other than haji abdul aziz and abdul rashid, remained on the fence watching the ..... which such discretion has been conferred. in all such cases and in any other fit and proper case, a high court can, in the exercise of the jurisdiction under section 226, issue a writ of mandamus or pass orders and give discretion to compel the performance in a proper and lawful manner of the discretion conferred upon the govt. ..... recovery proceedings by resort to a roving inquiry and examination of the validity of the award which could be challenged in time, through the mechanism provided in the arbitration act. the writ jurisdiction is after all an equitable and discretionary jurisdiction. it is not liable to be exercised in favour of those whose conduct leaves', much to be .....

Harbans Kour Vs. Swaran Singh

Court : Jammu and Kashmir

Reported in : 2008(2)JKJ677

..... in mind the judgment impugned, the extent of the property involved and the stake of the parties.15. the expression 'sufficient cause' appearing in section 5 of the limitation act came up for consideration before hon'ble supreme court of india on number of occasions when it was ruled that this expression should receive liberal ..... his cause. there is no presumption that delay in approaching the court is always deliberate. this court has held that the words 'sufficient cause' under section 5 of the limitation act should receive a liberal construction so as to advance substantial justice vide shakuntala devi jain v. kuntal kumari : [1969]1scr1006 and state of west bengal ..... responsibilities, and to visit him with drastic consequences:9. it is axiomatic that condonation of delay is a matter of discretion of the court. section 5 of the limitation act does not say that such discretion can be exercised only if the delay is within a certain limit. length of delay is no matter, acceptability .....

State Vs. Vikas Mahajan and ors.

Court : Jammu and Kashmir

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 .....

M.i.E and R and anr. Vs. Commissioner of Sales Tax and ors.

Court : Jammu and Kashmir

..... of grounds and claiming exemption as a charitable institute. the petitioner received another notice dated 10.04.2000 regarding hearing of suo-moto revision under section 3 of the section 10 of the act against the order of the appellate authority holding the petitioner to be exempt from the payment of property tax. hearing was fixed on 24.04. ..... vide order dated 22.04.1999;(iv) that suo-moto revisional proceedings were instituted by respondent no, 1 by issuing notice dated 22.11.1999 under section 10(3) of the act; and(v) that the impugned order dated 22.12.2000 has been passed by respondent no. 1 quashing the appellate order in exercise of suo-moto ..... was totally illegal on its part to have fastened liability upon the petitioner to pay tax under the provisions of the act. respondent no. 1, has thus exercised power of revision under section 3 of section 10 of the uip act. 1962 in gross violation of law. when these powers were invoked, the petitioner's application for grant of exemption was .....

National Insurance Co. Ltd. Vs. Mohd. Akbar Thoker and ors.

Court : Jammu and Kashmir

Reported in : 2003(2)JKJ686

..... that every legal remedy must be kept alive for a legislatively fixed period of time. condonation of delay is a matter of discretion of the court. section 5 of the limitation act does not say that such discretion can be exercised only if the delay is within a certain limit. length of delay is no matter, acceptability of ..... foreclosing a suitor from putting forth his cause. there is no presumption that delay in approaching the courts is always deliberate. the words 'sufficient cause' under section 5 of the limitation act should receive a liberal construction so as to advance substantial justice.' 3. in view of the above quoted observation the words sufficient cause used in ..... section 5 of the limitation act should receive a liberal construction and if the explanation does not smack of mala fide or is not put forth as part of dilatory strategy, the .....

Gh. Mohd. Shora Vs. Mohd. Shafi and ors.

Court : Jammu and Kashmir

Reported in : 2003(2)JKJ720

..... as 'giving up of the control of the title of property from one person to the other.'7. the expression alienation has been defined by the section 2(a) of the act as under:'alienation means sale, gift, mortgage with possession or exchange but shall not include gift in favour of an heir.'8. alienation as reflected by ..... in question before this court.5. adverting to the question formulated towards the introductory clause of this order. i deem it proper to reproduce second proviso of section 3 of the act wherefrom the friction of law of deeming provision arises. it reads as under: 'provided further that the permission to alienate shall be deemed to have been granted ..... as to whether an application before the competent authority was genuinely made and as to whether umbrella of deeming provision was available in terms of proviso to section 3 of the act. he came to the conclusion that the attorney holder was entitled to the benefit of the deeming provision.4. aggrieved of the order of refusal dated .....

New India Assurance Co. Ltd. and anr. Vs. Imtiaz Bano and ors.

Court : Jammu and Kashmir

Reported in : 2006(2)JKJ343

..... 76,6567- along with 9% interest per annum under 17 heads.6. aggrieved by the award, the claimant as also the insurer, filed appeals under section 173 of the motor vehicles act, 1988.7. a learned single judge of this court dismissed both the appeals vide judgment dated 31st december, 2002. this judgment does not satisfy the ..... objective standards.' '13. this court in the case of c.k. subramonia iyer v. t. kunhikuttan nair : [1970]2scr688 , in connection with the fatal accidents act has observed (at p. 380):in assessing damages, the court must exclude all considerations of matter which rest in speculation or fancy though conjecture to some extent is inevitable ..... state road transport corporation and anr. v. priyanka reported as 2000 acj 701. it has been held in the aforesaid judgment that claims under the motor vehicles act, arise out of a contract of insurance and the liability flowing from this contract, cannot be avoided merely because the claim for medical bills is reimbursable to the .....

Jagjit Chandra Vs. Th. Avtar Singh

Court : Jammu and Kashmir

Reported in : 1971CriLJ300

..... excess of the needs and requirements of the situation.in a.i.r. 1935 pat 52 it was held that: -the offence, in order to attract section 197, must be so connected with the official act as to form part of the same transaction.12. in that ease the deputy magistrate while realising taxes objected to the complainant's standing near him ..... 594 (sb) and is more or less similar to aib 1957 madh-pra 230 or aib 1957 raj 51. therefore in my opinion the complainant has acted in a hypersensitive manner in bringing the complaint under section 504, r. p c. against the petitioner.20. that is one aspect of the case. other, wise also i do not think any case under ..... challenged, can reasonably claim that, what he does, he does in virtue of his office. a public servant charged with an offence under section 120b read with . 161, penal code cannot justify his act of receiving bribe as an act done by him by virtue of the office that he held ....in aie 1949 p c 117 their lordships reiterate the same principle .....

Kewal Krishan and ors. Vs. State of J and K

Court : Jammu and Kashmir

Reported in : 2006(2)JKJ304

..... bearing s. no. 229 measuring 10 kanals has been mutated in 'favour of the accused under mutation no. 126 dated 18.04.1994 in terms section 12 of the agrarian reforms act and the accused are in cultivating possession of the land.13. the prosecution has set up the case to prove that kirch has been seized on ..... away from the spot. on this report, police station, bishnah registered fir no. 48/96 against the accused for alleged commission of offences under sections 302/34 rpc and 4/25 indian arms act and started investigation.3. during investigation, police prepared the site plan, recorded the statements of the prosecution witnesses, took into custody the dead ..... incident would have been before the investigating officer and the investigation would not have been one-sided.23. section 105 of the evidence act, 1872 provides that the burden of proving the existence of circumstances which would bring the act of the accused alleged to be an offence within the exercise of right of private defence is on .....