Court : Jammu and Kashmir
..... made thereby on 16.01.1991 were accepted by the government of india. 4. vide no. 11-3/90/rrb(1) dated 22.02.1991, ministry of finance, department of economic affairs(banking division), new delhi, had issued instructions to the respondents for implementing the national industrial tribunal award and recommendations of the equation committee. para ..... . this position has not been controverted by the respondents in their reply as filed. 9. the jammu rural bank admittedly is constituted under the regional rural banks act 1976. whether it is an instrumentality of the state, as such, is state within the meaning and purposes of article 12 of the constitution, has been already ..... gramin bank and ors., air 1988 sc 286. following portion of para-5 is relevant to be quoted:- .the bank is constituted under the regional rural banks act 1976. having regard to its constitution and nature of its legal entity and the measure of statecontrol, it is an instrumentality of the state and is made of .....
Tag this Judgment!Court : Jammu and Kashmir
..... -oriented, considerably re-inforced by article 47. 9. the drunken driving is causing most of the accidents and a number of deaths are being reported. section 185 of the motor vehicles act, 1988 prohibits drunken driving. similar provision is available in the motor vehicle rules 1989 particularly rule 21 (16) which also mandates disqualification to hold driving ..... of the directions/suggestions of the committee on road safety constituted by hon ble the supreme court and based on the decisions taken and approval sought from the finance department, which was granted on 11.09.2015, notices were issued to the retail vendors whose shops are located on state/national highways. the said action initiated ..... by the state towards the said purpose. the right of the state to regulate sale of liquor is emphasized by hon ble the supreme court in the decision reported in (1978) 3 scc 558 ( p. n. kaushal v. union of india). in paragraph 49 hon ble the supreme court held thus:- 49. .the trade is instinct .....
Tag this Judgment!Court : Jammu and Kashmir
..... also not in dispute that in november, 2011 the respondent preferred a complaint before the divisional forum with about two months delay. section 18-a of the consumer protection act contemplates filing of complaint within two years, however, the delay can be condoned if sufficient reasons are shown. the complaint preferred ..... ; (o) service means service of any description which is made available to potential users and includes the provision of facilities in connection with banking, financing, insurance, transport, processing, supply of electrical or other energy, board or lodging or both, entertainment, amusement or the purveying a news or other information ..... submission the definition of consumer dispute under the consumer protection act, 1987, namely section 2 (e), deficiency as defined in section 2 (g) and service as defined in section 2 (o) are to be considered. the said sections reads as follows:- 2. definitions in this act, unless the context otherwise requires,. (e) consumer dispute .....
Tag this Judgment!Court : Jammu and Kashmir
..... aa) provisions allowing the deductions contained in sub-rule (a) will apply mutatis-mutandis for determination of taxable turnover in respect of purchases liable to tax under section 4 b of the act.] (b) in respect of a sale on hire purchase system the amount of hire receivable or the amount actually received whichever is higher, shall be included ..... aspect of taxable turnover of a dealer at the time of assessment. to appreciate this argument, it would be appropriate to refer to the definition of goods under section 2(h) of the act of 1962 which is reproduced herein below; (h) goods means all kinds of moveable property (not being actionable claim, newspapers, stock, shares, and securities) ..... of service/sales tax on the gross payment to the contractor. condition 15 of the contract agreement is extracted as under:- 15.0 levy of service/sales tax finance deptt. of j&k govt. has levied tax on services in the shape of works contract rendered by the contractor at the rate of 10% plus surcharge of .....
Tag this Judgment!Court : Jammu and Kashmir
..... agreement entered into between the reserve bank of india and the government of jammu and kashmir on 21st january, 2011 under section 21a of the reserve bank of india act, 1934 and the same is also forming part of the counter affidavit and copy was also served to the learned counsel ..... head in one challan and thereby can save the huge exchequer of state govt.11. in reply to the said prayers, special secretary to government finance department, j&k has filed response stating as follows: i. that previously the government cashiers borne on the establishment of accounts and treasuries organization ..... chief secretary, civil secretariat, jammu 2. principal secretary, department of finance, civil secretariat, jammu 3. directorate general, accounts and treasuries, department of finance, jammu 4. directorate general of budgets, department of finance, civil secretariat, jammu 5. directorate general resources, department of finance jammu.6. jammu and kashmir bank through its chairman, rail head complex .....
Tag this Judgment!Court : Jammu and Kashmir
..... enacted after the judgment in p. a. inamdar. high court of kerala has referred to the definition of non-resident indian seats given in section 2(o) of that act as a seats reserved for children or wards or dependents of non-resident indians to whom admission is given by a management in a fair, ..... in bearing educational expenses of the candidate. it should, therefore, be permissible for an nri, other than a parent or legally appointed guardian, to sponsor and finance education of a candidate, who is dependent upon him for education purpose or providing education to whom is his social obligation and responsibility. responsibility or the dependence ..... eligibility criteria in the brochure. admission of respondent no. 3, submitted mr. raina, is squarely covered under clause 4.2 as her nri uncle shall be providing the finances for undergoing the course.25. mr. aslam goni, learned senior advocate, appearing for respondent no. 4(misbah tabassum) supported by mr. pranav kohli, advocate submitted that .....
Tag this Judgment!Court : Jammu and Kashmir
..... in the mouth of the respondents to first violate the provisions of appointing arbitrator within thirty days or before the filing of petition by the petitioner under section 11 of the act and the claim enforcement of stipulation in the arbitration agreement. if allowed to do so, the respondents would be permitted to approbate and reprobate, which ..... on the part of the chairman. there are further allegations of deliberate violation of order dated 27.12.2012 passed by the principal district judge under section 9 of the act. there are further allegations of deliberate delay in appointing the arbitrator so as to keep the petitioner-unit non-functional. the officers who have been named ..... which was decided on 27.07.2013. in those proceedings it was concluded on the basis of various judgments of honble the supreme court, namely, datar switchgears limited v. tata finance ltd. and anr. (2000) 8 scc 151, punj lloyd ltd. v. petronet mhb ltd. (2006) 2 scc 638, union of india v. bharat battery mfg. co.(p .....
Tag this Judgment!Court : Jammu and Kashmir
..... respective divisions. petitioners on the strength of averments made in writ petition, seek following relief: a) mandamus, commanding respondents to appoint petitioners either in finance department or gad or housing and urban development department or planning and development department against state cadre post or divisional cadre (jammu) post advertised vide ..... (state cadre) and candidates at serial nos.3,4,5,6,15,16,18,19,21 and 22 were recommended to be appointed in finance department in their respective divisions i.e. jammu division and kashmir division cadre posts whereas petitioners, being above in the merit than the candidates ..... and geographical/topographical/linguistic/concerns and matters connected therewith and incidental thereto. it would be advantageous to reproduce section 2 of the jandk civil services decentralization and recruitment act, 2010 hereunder: 2. definitions: in this act, unless the context otherwise requires:- (b) "district cadre" means the cadre of a department in a .....
Tag this Judgment!Court : Jammu and Kashmir
..... of law that in such like cases an independent arbitrator has to be appointed. in that regard reliance may be placed on the judgments rendered datar switchgears limited v. tata finance ltd. and anr. (2000)8 scc 151, punj lloyd ltd. v. petronet mhb ltd. (2006) 2 scc 638, indian oil corporation limited v. raja transport (p) ltd ..... a domestic contractor relating to any matter arising out of or connected with this agreement, such disputes or difference shall be settled in accordance with the arbitration and conciliation act, 1996. the arbitral tribunal shall consist of 3 arbitrators one each to be appointed by the employer and the contractor. the third arbitrator shall be chosen by ..... the employer and the contractor relating to any matter out of or connected with the agreement shall be settled in accordance with the provisions of the arbitration and conciliation act, 1996. the aforesaid clause is set out below in extensor along with clauses 25.2 and 25.3:- 25. procedure for disputes. 25.1 25.2. .....
Tag this Judgment!Court : Jammu and Kashmir
..... . therefore, an independent arbitrator is to be appointed by this court as has been laid down by hon ble the supreme court of india in datar switchgears limited v. tata finance ltd. and anr. (2000) 8 scc 151, of punj llyod ltd. v. petronet mhb ltd. (2006) 2 scc 638, indian oil corporation limited v. raja transport (p) ..... same respondents. however, the cause of action in each one of them emerges from different contract agreements which necessitated filing of three separate petitions under section 11 of the jammu and kashmir arbitration and conciliation act, 1997. 2. few undisputed facts taken from a.a. no.24/2012 may first be noticed. 2.1. the petitioner is a ..... condition 67 thereof. if the arbitrator so appointed resigns his appointment or vacates his office or is unable or unwilling to act due to any reason whatsoever, the authority appointing him may appoint a new arbitrator to act in his place. the arbitrator shall be deemed to have entered on the reference on the date he issues notice .....
Tag this Judgment!