Court : Jammu and Kashmir
Reported in : 2007(2)JKJ97
..... 15 days expired so as to give the complainant/respondent a cause of action against the accused.4. indisputably to constitute the offence under section 138 of the negotiable instruments act it is necessary for the complainant to prove that the accused has issued the cheque which has been dis-honoured and after the dis- ..... any steps to liquidate the amount of rs. 80,000/- within the stipulated period of 15 days. so he has committed the offence under section 138 of the negotiable instruments act. after the complaint being filed, the learned trial court vide its order dated 7-2-2003 took the cognizance against the accused/petitioner and issued ..... of the negotiable instruments act against the petitioner/accused before the court of learned city judge, judicial magistrate 1st class, jammu on the allegations that the petitioner/accused had set up an industrial unit at kaluchak, jammu after having been financed by the complainant/corporation. the accused / petitioner was to re-pay the installments due .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : AIR2007J& K75,2007(2)JKJ291
..... to prevent arbitrariness or favouritism. however, it must be clearly stated that there are inherent limitations in exercise of that power of judicial review. government is the guardian of the finances of the state. it is expected to protect the financial interest of the state. the right to refuse the lowest or any other tender is always available to the government ..... a statute which creates the power to which the policy relates or when a decision made in purported exercise of a power is such that a repository of the power, acting reasonably and in good faith, could not have made it. in the latter case, 'something overwhelming' must appear before the court will intervene. that is, and ought to be, a .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2007(3)JKJ395
..... of the court to interpret it consistent with the legislative intent and purpose so as to suppress the mischief and advance the remedy. as stated above, section 138 of the act has created a contractual breach as an offence and the legislative purpose is to promote efficacy of banking and of ensuring that in commercial or contractual ..... account. withdrawal of the entire amount would therefore mean that there were no funds in the account to honour the cheque which squarely brings the case within section 138 of the act. on the question of strict interpretation of penal provisions raised on behalf of the accused it was observed: 'if the interpretation, which is sought for, ..... criminal) 2005 (4) 511.9. refuting the submissions advanced by mr. puri, mr. oswal relies upon a judgment of the hon'ble karnataka high court rendered in 'deepa finance corporation v. a.k. mohammed' 2001 cr.l.j. 3582, in which the hon'ble bench observed that once the cheque is issued from a non-existent account, .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2007(3)JKJ435
..... the requisite coram it would only be the president or in his absence the chairman with 22 out of 64 members who would get hold over total finances of association, may be to the dis-agreement of others which in effect would mean that affairs of the association would be regulated only by a ..... of with a direction to learned principal district judge to acknowledge the members nominated in the working committee meeting presided over by the president as aforesaid and act in strict accordance with the court directions providing for such nominations.x. by way of abundant caution however without meaning any modification of earlier orders of ..... and alleging that respondent as chairman thereof managed an incompetent meeting of working committee to resolve recommendations of his suspension to president, pending that stopping him from acting as secretary, the petitioner instituted a civil suit in trial court challenging said resolution purporting to have been passed on 04.10.2006 as being illegal for .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : AIR2007J& K68,2008(3)JKJ46
..... denying his status as his landlord, submits the plaintiff. it is urged by him that use of word 'shall' in section 12(4) of the jammu and kashmir houses and shops rent control act indicates the provision to be mandatory. respondent-plaintiff additionally submits that the revision petitions had been filed by the petitioner-defendant to ..... controller, jammu. this material, according to the respondent was sufficient enough for the trial court to pass an order under section 12(4) of the jammu and kashmir houses and shops rent control act.5. after having executed rent deed in his favour, the petitioner-tenant was estopped from leading any parole evidence to disprove ..... filed by respondent rajesh kohli against the petitioner-tenant, learned sub-ordinate judge, jammu, the trial court passed an order under section 12(4) of the jammu and kashmir houses and shops rent control act, 1966 directing the petitioner-defendant to deposit the arrears of rent of the shop from january, 2007 onwards as also the .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : AIR2008J& K29
..... a course would result in closure of financial institution itself thereby affecting the state's economy and development.22. respondents resort to the provisions of section 29 of the state financial corporation act, 1951 cannot thus be faulted in view of the facts and circumstances of the present case where the company, despite having admitted its liability ..... amount whatever remained to be paid by it to the corporation. the company additionally says that the action of the respondents was contrary to section 29 of the state financial corporation act and their action of taking over the possession and putting the property to auction without preparing any inventory, working out its value and fixing ..... of june 2006.2. the petitioner says that a term loan of rs. 56.75 lacs at 9.5% interest rate over and above 3.5% re-financed from idbi, was obtained by it which was to be paid back in instalments after every six months. referring to the tripartite agreement entered into between the petitioner, .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2007(3)JKJ299
..... from the dealer and amount equal of ten times the amount of tax payable was compared with rupees ten thousand to determine penalty under the above mentioned section of the act. penalty calculated and levied comes to rs. 52307993.33 and stands recoverable. office to issue demand notice accordingly.order passed on 26.07.2005.sd/-commercial ..... it was found that all the said invoices were bearing the foot note mentioned above. the discrepancy was pointed on-spot and was discussed with sh. sandeep kohli, finance manager of the firm. besides, the statement of sales conducted w.e.f. above number invoices was obtained from the dealer. thereafter, a notice was issued vice ..... and was not in consonance with the provisions of the vat act. the default of the dealer was communicated vide this office letter no. 373/sti dated 25.5.2005. subsequently, inspection of the unit was conducted on 06.06.2005 in presence of sh. sandeep kohli, finance manager of the firm. during the course of inspection invoice .....
Tag this Judgment!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 .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2008(1)JKJ68
..... applied arts & crafts and such other programs and areas as are notified by the council from time to time.5. requirement:under section 10(o) of aicte act, it shall be the duty of the council to take all such steps as it may think fit for ensuring coordinated and integrated ..... and areas as are notified by the council from time to time.(b) universities including deemed to be universities of government, government aided and private (self financing) conducting course/programs in the fields of technical education, training and research in engineering, technology including mca, architecture, town planning, management, pharmacy, hotel ..... in the official gazette of india.(4) applicability:these regulations shall be applicable to:(a) all technical institutions of govt., govt. aided and private (self financing) conducting courses/programs in the fields of technical, training and research in engineering, technology including mca, architecture, town planning management, pharmacy, hotel management & .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2008(1)JKJ464
..... hospital, jammu and ultimately to christian medical college, ludhiana, where he succumbed to the injuries.after investigation of case fir no. 86 of 1990, final police report under section 173 cr.p.c. was bid before the learned chief judicial magistrate, rajouri, who committed the case to learned sessions judge, rajouri vide his order of september 14, ..... a dramatic and graphic account of the event and it, therefore, does not appear believable to us that in the sudden attack any witness could have noticed the act which the prosecution had attributed to mohd farood and mohd malik of their having caught hold of mujahid-ul-hassan and facilitating causing of injuries to him by the ..... lall and others with the axe and hoe. according to the learned, counsel, there was no evidence worth the name against mohd rafiq alias kalu attributing any overt act to him in the occurrence and the story of his pelting stones was unbelievable because none had been proved to have been hit by the stones pelted by him .....
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