Court : Jammu and Kashmir
Reported in : 2003CriLJ281,2003(1)JKJ136
..... accused used force to have sexual intercourse with her against her will and attempted to rape her. the evidenceof these witnesses is relevant in terms of section 7 and 8 of the evidence act. their statements corroborate the testimony of khati in material particulars.9. the statement of gula dar, husband of khati, pw and mohd aalu is ..... the conviction of appellant/accused for the offence vide judgement/order of conviction dated 31-12-1985 and was sentenced subsequently to undergo two years rigorous imprisonment under section 376/511 rpc by order of sentence dated 1-1-1986 by the session's judge against this conviction and sentence this criminal appeal 1/86 is taken ..... having failed to show by medical or other evidence that the accused was physically/ psychologically potent to commit the act of sexual intercourse, the accused cannot be held guilty ofattempt to rape. instead he is to be convicted under section 354 r.p.c. 16. having regard to the facts and circumstances of the case, it can be .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : AIR2003J& K36
order1. full and final discharge by the financing bank would absolve the appellant-company from all liabilities is the view point projected by the appellant in thisappeal, which is preferred against the decision given by the state commission, constituted under the j. & k. consumer protection act of 1987. 2. before noticing the point of view put across by the appellant, ..... to whether the payment made to the bank which was less than what was assessed by the surveyor would debar the respondent-complainant from approaching the forum created under the act of 1987, 10. after having heard the learned counsel for the parties, we are of the opinion that the cases referred to above are only authorities for the ..... had a right to contend that the payment was not proper; v) the amount payable would be the amount which came to be settled by the forums under the 1987 act or as may be settled by (sic); vi) rate of interest would be 12% per annum and would be payable as indicated above. there is thus no merit .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : [2002]124TAXMAN62(NULL)
..... of this scheme. the assessees were supposed to pay the disputed tax which was to be determined as per the definition given in section 87(f) of the finance (no. 2) act, 1998 (hereinafter referred to as 'the act'). the said clause defines 'disputed tax' to mean the total tax determined and payable in respect of an assessment year, namely ..... , under direct tax enactment, but which remains unpaid as on the date of making of declaration under section 88. it is the case of ..... , dumpers, etc., used by the assessee-company are not eligible for additional depreciation under section 32(1)(ii) of the income tax act, 1961 (hereinafter referred to as 'the said act') and investment allowance under section 32a(2)(b)(iii) of the said act, in view of the decision given by the supreme court in the case of cit v .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2003(2)JKJ497
..... it came to be issued or circulated by the government would not be correct. the conditions of employment are regulated by sections 6 and 7 of the j&k; housing boards act of 1976. these sections have been noticed above. even if it is presumed that some government order was issued, then before it could be ..... charged employees available to field officer is also withdrawn. for future, the work charged posts should be created only by the government in consultation with the finance/planning departments.ii.........................iii. the scheme of regularisation shall also be applicable mutatis mutandis to the public sector undertaking/autonomous bodies and their cases shall be settled ..... the government to give directions. it is submitted that once these directions are given, then these are supposed to be carried out by the board section 59(1) section 60(1)(c) and section 66 are required to be taken note of. these reads as under:--'59(1). power to make rules. -- the. government may by, notification .....
Tag this Judgment!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 .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2003(3)JKJ313
..... this case, order impugned is a judgment amenable to appeal within the meaning of clause 12 of j&k; lp.14. against the order(s) appeal under section 19 of the contempt act of 1997, is not maintainable inasmuch as, by the order(s) in question, the state or any of its officer/official is not punished for contempt of ..... not so. this communication from agriculture co-operative department is for sanction of rs. 65 lacs as loan to the confed which has not been acceded to by the finance department and state government. the communication nowhere refers to the amount for disbursement of the wages/salary of the unpaid employees of the confed. we feel that the ld ..... the appellants submits that the state govt. has so far lent a total of rs. 270.21 lacks to confed and further request of agriculture/co-operative department to finance department for release of 65 lacks as loan to confed, has not been acceded to pursuant to the aforementioned cabinet decision. registrar co-operative was appointed as official .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : II(2005)BC605
..... determined under the scheme by the manager, yet such action of the manager is to be approved by the committee, headed by the additional chief secretary, finance. in such circumstances, the direction of the tribunal to the respondents to enquire and determine whether any benefit can be extended to the petitioners or any ..... in the earlier demand notice. the petitioners, feeling aggrieved by the action of respondents nos. 1 and 2, filed a revision petition under section 160 of the jammu and kashmir co-operative societies act, 1989, before the jammu and kashmir special tribunal, srinagar, respondent no. 3. however, the revisional forum, on examination of the matter, ..... to appreciate the facts and has not appreciated the legal position. accordingly, it has failed to exercise the jurisdiction as provided by section 160 of the jammu and kashmir co-operative societies act, 1989. the revisional forum did not send for record and settle the accounts between the parties. even relief under the debt relief .....
Tag this Judgment!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 .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2003(2)JKJ571
..... of filing appeal against the judgment and now the state is seeking the indulgence of this court for condoning the delay.7. the delay under section 5 of the limitation act can be condoned if the petitioner satisfies the court that there was sufficient cause which reasonably prevented him from filing the appeal in time. the term ..... 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 and state of w.b. v. administrator, howrah ..... j.1. the petitioners/appellants seek condonation of delay of 334 days in filing civil 2 appeal against the judgment and degree dated 14.10.2000 under section 5 of limitation act. in the application the petitioners in order to explain the causes which led the delay in filing the appeal, have stated that as soon as they .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2004CriLJ999,2003(3)JKJ146
..... but still entered into the agreement with the respondent with the intention of defrauding it. 5. i have considered the respective contentions of the parties. 6. section 420 rpc reads as follows: '420. cheating and dishonestly inducing delivery of property: -- whoever cheats and thereby dishonestly induces the person deceives to deliver any ..... and 3 who are the directors of m/s avon industries limited and petitioner no. 2 their associate approached the complainant-company and requested for finance for the purchase of one number of fortune injunction moulding machine on higher purchase basis. the complainant-company acceded to the request of the petitioners ..... of learned city munsiff, judicial magistrate, srinagar, on a complaint of the respondent against the petitioner. the complainant a company incorporated and registered under the companies act, 1956 having its registered office at n-6 partap building, cannought circus, new delhi and branch office at car bazar, zero bridge, srinagar, filed .....
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