Judgment Search Results Home > Cases Phrase: finance act 1978 section 19 amendment of section 155 Sorted by: old Court: jammu and kashmir Page 5 of about 128 results (0.072 seconds)

The State Vs. Shakeel Ahmad

Court : Jammu and Kashmir

Reported in : 1995CriLJ2300

..... belief. by order of the governor of jammu and kashmir. sd/- (j.a. khan)commr./secretary to government finance department3. this notification makes it clear that the powers conferred under section 42 of the narcotic drugs and psychotropic substances act, 1985, can be exercised by an officer who is superior in rank to the constable of regular executive police, cid ..... kashmir hereby empower all officers superior in rank to constable of regular executive police, cid, crime and railways of jammu and kashmir for purposes of the said section of the act, if they have reason to believe from personal knowledge or information given by any person and taken down in writing that any narcotic drugs, psycho-tropic substance ..... do not want to go into that controversy, but it is a fact that the search, seizure and arrest has been made by two constables, whereas section 42 of the n.d.p.s. act, 1985. read with sro no. 525, makes it clear that no search, seizure or arrest can be made by an officer, who is not .....

New India Distillery and anr. Vs. State of J. and K. and ors.

Court : Jammu and Kashmir

Reported in : AIR1997J& K1

..... earliest.'9. on receipt of the aforesaid communication from the excise commissioner, instead of approving the decision taken by the dpc, the govt. through director, finance, in the finance department asked the excise commissioner vide communication dated 8-12-1995 to send a written offer to respondent no. 3 to supply rectified spirit @ 11.45 and ..... is given not with a view to earning' revenue but for the purpose of carrying out a welfare scheme for the benefit of a particular group or section of people deserving it or that the person who has offered a higher consideration is not otherwise fit to be given the contract or the property. we ..... further held :--'..... it is true that the govt. may enter into a contract with any person, but in doing so, the state or its instrumentality cannot act arbitrarily.'13. the following observations in thesame judgment also import consideration:--'in the instant case, the instrumentalities of the state invited tenders for the supply of fresh buffaloes .....

State of Jammu and Kashmir Vs. Shri Chander Chinar Bada Akhara UdasIn ...

Court : Jammu and Kashmir

Reported in : AIR1996J& K76

..... governments of andhra pradesh, maha-rashtra, karnataka and tamil nadu by their respective legislatures - to wit, section 7 of andhra pradesh act 5 of 1983, section 4 of maharashtra act 6 of 1988, section 5 of karnataka act of 1984 and section 4 of tamil nadu act 57 of 1992. other states too may have to have similar provisions, carrying statutory force. (7) ..... lbs centre) located at kasargod, a backward area in the state of kerala in the erstwhile malabar district. these two colleges had been set up as self-financing institutions/colleges muter the control of govt. of kerala. the question arose whetner the scheme framed by the hon'ble supreme court in the case of unni ..... view to promote, start and maintain the medical facilities, child welfare centre and to provide aid and help to the needy persons. the society is a self financing institution and it is not anticipating any aid, financial or otherwise from the government of jammu and kashmir.2. it is further stated that the society approached .....

Kranti Hotels (Pvt.) Ltd. Vs. State of J. and K. and ors.

Court : Jammu and Kashmir

Reported in : AIR1997J& K91

..... construction of the hotel building complex was taken into hands in the year, 1987 on the assurances given by respondents no. 2, 4 and 5 that they would finance ,the project. acting on such promises the petitioner incurred expenditures and suffered liabilities. besides investing rupees ninety lakhs which the petitioner had received by way of loans from respondents no. 4 ..... later on declined to advance any loan. the said advisor was requested to look into the matter personally and issue necessary directions to managing director sidco (respondent-2) for financing the case of the petitioner so that the loans already advanced (as stated above) do not turn bad. in view of such a stand being taken in the year ..... was also held that corporation was bound by its agreement to disburse the loan and could not back out on the ground of bank's refusal to re-finance. the ratio decidendi of this case applies in all fours to the facts of the case in hand.23. the ratio of the case of jasjeet films pvt. ltd. .....

Harnam Singh and Etc. Vs. State of Jammu and Kashmir

Court : Jammu and Kashmir

Reported in : 1998CriLJ1804

..... the petitioner herein was entitled to avail the salutory effect of the benion provisions of j. and k. probation of offenders act (hereinafter to be referred as offenders act) because he was convicted and sentenced for one year under section 223, rpc and this offence is not punishable with imprisonment not more than two years or with fine or with both and ..... as such under section 3 of the offenders act he should have been admonished. to buttress his contention, the learned counsel has cited the cases of keshav sitaram sali v. state of maharashtra air 1983 sc 291 : 1983 ..... v. state of haryana (supra) the accused was less than 21 years of age and the offence for which he was convicted had attracted section 360, cr. p. c, or at any rate probation of offenders act. the apex court had held that it was the duty of the sentencing court to be activist enough to collect such facts as have .....

State of Jammu and Kashmir Vs. Dr. Karan Singh and anr.

Court : Jammu and Kashmir

Reported in : AIR1997J& K132

..... whatsoever on the pan of the writ-petitioner (dr. karan singh) that there was abandonment, nor there is enough evidence attracting the provisions of section 115 of the evidence act, including section 31 of the said act to hold that there was estoppel on the part of the writ petitioner (dr. karan singh). we. will examine his argument on this point. ..... 1, at page 98 of the paper-book (vol. i), there is a specific plea that as per notification dated august 18, 1958 issued by the ministry of finance with regard to exemption of heirloom jewellery from wealth-tax, it may be mentioned here that in thee same manner in 26 other cases recognition was accorded to the jewellery ..... been produced such us the assessment orders for the years 1978, 979 and 1981.20. at this stage, in order to enable us to consider the question, it is pertinent to refer certain provisions of the wealth tax act, 1957, hereinafter called as the act of 1957. section i of the said act says that it extends to the whole of india. sub .....

Baldev Singh and anr. Vs. the State

Court : Jammu and Kashmir

..... case has to be viewed within the parametres of section 300, rpc in order to hold whether it is a murder or an act of homicide not amounting to murder. the present occurrence had taken place in a field where the deceased and the complainant were ..... in all probability cause death, or such bodily injury as is likely to cause death, and commits such act without any excuse for incurring the risk of causing death or such injury as aforesaid.11. there are five exceptions in this section which make culpable homicide as not murder and there is no necessity of reproducing them here. the present ..... , rpc is not made out, but only an offence under section 304, part-ii, rpc is made out. section 300, rpc defines murder which is reproduced as under :-murder -- except in the cases hereinafter excepted, culpable homicide is murder, if the act by which the death is caused is done with the intention of causin death, or -secondly, if it .....

Chuni Lal Raina Vs. State of J. and K. and anr.

Court : Jammu and Kashmir

Reported in : 1998CriLJ3926

..... jammu whereby the petitioner was charged for the commission of offences under sections 5( 1 )(d) read with section 5(2) of the j. and k. prevention of corruption act 2006 bk (hereinafter referred to as the 'act'). 2. the factual matrix of the case is that in the year 1978-79, the petitioner was posted as headmaster, govt. high school, ..... vessu (kashmir) and during this period he had drawn an amount of rs. 47,750/- from his g.p. fund account. in routine, the concerned auditing team of the finance department checked ..... and (b) in the case of persons employed in connection with the affairs of the state, of the government. 10. the j & k prevention of corruption act incorporates section 6 which gives protection for the prosecution of public servant without prior sanction in respect of the offences described therein. in order to understand the import of ihe word .....

Gian Chand Vs. State of J. and K. and ors.

Court : Jammu and Kashmir

Reported in : AIR1998J& K60

..... the 'streets' thereby creating nuisance for the public. in a situation like this, it is necessary for the committee to step in and exercise its powers under section 17(4) of the act. the committee exercises regulatory control and is responsible for the repair and upkeep of the 'public street'. the verandah in dispute is a 'street'. it has ..... municipality to let out portions of a public highway for putting up stalls for carrying on business this could not be done by framing any bye-laws. section 129 of the act which provides for framing bye-laws does not contain any clause specifically empowering the municipality to frame bye-laws about letting out parts of public highways of ..... ed 27 : 348 us 26, expressed a view that the concept of the public welfare is broad and inclusive. the same court in village of belle terre v. bruce borass, (1978) 39 law ed 2d 797 : 416 us 1 and again in agins v. city of tiburaon, (1980) 447 (us) 255, expressed similar views. the regulations which prohibited .....

Capt. Vatsa Vs. Miss. Namrata Vatsa and anr.

Court : Jammu and Kashmir

Reported in : AIR1998J& K70

..... the abovesaid rulings no disability is attached for such because the payment of the pension stands made to the pensioner-petitioner and he cannot claim the benefit of section 11 of the pensions act. the petitioner otherwise is debarred to challenge the order dated 26-8-1996 after a lapse of seven months because this petition was filed on 19-3- ..... not been received by the pensioner, it ceases to be pension after the amountis paid to the pensioner. in the case of union of india v. jyoti chit fund & finance (supra) it has been held that so long as the amounts are provident fund dues, pensions and other compulsory deposits then, till they are actually paid to the government servant ..... from it. in support of his contention he has cited the case of hassonmal sangumal v. diaromal laloomal, air 1942 sind 19 and union of india v. jyoti chit fund & finance, air 1976 sc 1163 : 1976 lab ic 773. 6. in the case of hassonmal sangumal (supra) it has been held that the words, ''money due or to become due' .....