Court : Jammu and Kashmir
..... appointed to civil and public posts in connection with running the affairs of the state would also come within the jurisdiction of the commission. however, after amendment of the act of 2002, which came into force with effect from 19th january, 2011, the civil servants have been taken out of the jurisdiction of the commission ..... of our constitution is socialist in nature. pt. jawahar lal nehru said, i see no way of ending poverty, the degradation and the subjection and indian people except through socialism . 26. the issue is to be looked at from another stand point as well. in our constitutional scheme representatives of the people ..... the legislators, in their wisdom, have prescribed safeguards against filing of frivolous and false complaints against public functionaries. learned counsel, while referring to provisions of the act of 2002, submitted that format is prescribed for filing of a complaint and the complainant, besides identifying himself in the complaint, has to file an affidavit .....
Tag this Judgment!Court : Jammu and Kashmir
..... basic structure doctrine and falls within the ambit of power under section 147 of the state constitution. in absence of challenge to jammu and kashmir constitution (sixth amendment) act 1965, it would be appropriate to leave it to state legislature to consider the matter and take measures as required to uphold the constitution. the legislature is equally ..... security, our unity and integrity, we cannot but heed to the call of this flag to rededicate ourselves to the establishment of that peaceful and just order wherein all indians irrespective of creed, caste or sex will fulfil themselves." 9. 10. .. 11. as said by pandit jawahar lal nehru, the flag is, "a flag of ..... the delhi agreement of 1952 and keeping in view the historical background, the state flag has the same sanctity and position as the union flag has under the indian constitution and other statutory provisions. therefore, this sanctity and position has to be maintained at all costs. it s non-hoisting along with the union flag .....
Tag this Judgment!Court : Jammu and Kashmir
..... india, on the day it was adopted by we the people , thus, declared the people and citizens of this country as one entity , called indians . 42nd amendment of the constitution, by which the preamble of the constitution was substituted and expressions secularism and socialism added thereto, it appears has been done only to further ..... of citizens belonging to all the religions and faiths are respected. religions and faiths preach and teach accommodating and respecting the rights of each other. religion acts as cohesive and not as divisive force. religions bind people and do not divide them. the religion when followed honestly, creates a heavenly atmosphere. the ..... right to live his life according to his religious tenets. article 14 provides protection to all citizen s/person s legal rights. these provisions of constitution act as sentinels and provide an impregnable fort to the rights of people. every citizen/person and individual who inhabit this country, which includes state of jammu .....
Tag this Judgment!Court : Jammu and Kashmir
..... impugned in writ petitions are valid and beyond challenge. it is pleaded that law laid down in indra sawhney s case stands neutralised by 77th constitutional amendment act, 1995, effective from 17th june 1995. according to respondents, clause (4a), article 16, leaves room for reservation in matters of promotion with consequential ..... hereinafter) like other 600 and odd princely states , regained its sovereignty on 15th august 1947, on the lapse of british paramountcy, enactment of indian independence act 1947 and emergence of dominions of india and pakistan. this was made clear by cabinet mission memorandum dated may 12, 1946 as regards "states treaties ..... the constitution had not materially altered, and the purpose of introducing this article was to empower the president to exercise his discretion in applying the indian constitution while that situation remained unchanged. there is considerable force in this submission. the legislative history of this article cannot, in these circumstances, .....
Tag this Judgment!Court : Jammu and Kashmir
..... witness (c) approve (d) hostile accomplice insofar as question no. 4 is concerned, same has been set to see whether the candidate is aware of criminal law (amendment) act, 2013 wherein the detention period for newly included offences can be 90 days. since the question itself uses words 90 days , it excludes all those offences for which ..... trial is left to the discretion of family members of complainant. question no. 36 who among the following can taken a plea of ignorance of indian law: (a) indian citizens (b) foreigners (c) indian citizens abroad (d) none of the above question no. 38 in a civil suit, the person who files suit and the person against whom ..... (b) state list (c) convenient list (d) concurrent list. question no. 13 as per constitution of india, different languages of the country are included in the schedule of indian constitution: (a) eight (b) ninth (c) sixth (d) seventh question no. 30 in case of death of a complainant while trial is pending:: (a) trial ceases automatically .....
Tag this Judgment!Court : Jammu and Kashmir
..... sexual intercourse committed by a person in authority was the right answer. in this connection, learned counsel referred to section 12 of the jammu and kashmir criminal laws (amendment) act, 2013. section 376-c begins with the heading sexual intercourse by a person in authority . 13) next learned counsel referred to question no.26 as according to ..... the counsel for the respondents by inviting attention of this court to section 20 of the jammu and kashmir criminal laws(amendment) act, 2013, in terms whereof section 167 of the code of criminal procedure has been amended providing that in case of offences punishable under sections 326a, 326b, 376, 376a,376c, 376d and section 376e, the ..... ) has been considered for award of marks. 17) learned counsel next referred to formulation of question no.36 i.e. who can take the plea of ignorance of indian law . the answer to this question lies in four options as given, therefore, no issue. 18) learned counsel next referred to question no.38 which reads as .....
Tag this Judgment!Court : Jammu and Kashmir
..... to lay down conditions including the eligibility for admission under nri quota in the brochure issued alongwith the admission notice. college was also within its right to amend the eligibility clause but the college neither is nor can be permitted to expand the scope of nri quota beyond the parameters laid down by the supreme court ..... , namely, misbah tabassum, against the seat for md anaesthesia. the college stated further in its reply that the eligibility criteria indicated in the brochure was reconsidered and amended criteria adopted in a meeting held on 04.03.2014, which was notified by displaying on notice board of the college. the college alongwith its reply also produced ..... 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, transparent and a non exploitative manner .....
Tag this Judgment!Court : Jammu and Kashmir
..... information under the control of public authorities. earlier the state legislature had enacted the jammu and kashmir right to information act, 2004 followed by right to information (amendment) act, 2008, which, however, came to be repealed by the act of 2009. right to information in rest of the country is similarly governed under the right to information ..... act, 2005 (for short the central act). 2.2 section 24 of the act, like section 27 of the central act, delegates power to the ..... in that we agree with the contention of learned sr. additional advocate general that delegated power to make rules, regulations or bylaws under an act inheres also the power to amend or repeal the rules, regulations or bylaws so made. we, however, are not inclined to agree nor do we know about a principle .....
Tag this Judgment!Court : Jammu and Kashmir
..... any selection commence, the vacancies are required to be filled in accordance with the rules applicable at the time process is initiated and not by amended rules or law, even if such amendment becomes operative during the currency of process. 6. mr. m. m. dar, learned counsel for the appellant, made some ambitious submissions when ..... the argument of mr. dar, learned counsel for the appellant that the benefit of the act deserves to be extended to the appellant again is without any substance. it is well settled that in cases of direct recruitment the amended provisions would have no retrospective application unless there is a stipulation in that regard in the advertisement ..... he argued that the provisions of the act would be available to the appellant and in accordance with section 22 of the act, 3% posts are required to be .....
Tag this Judgment!Court : Jammu and Kashmir
..... the order xii rule 6, we need not say anything more than what the legislature itself has said when the said provision came to be amended. in the objects and reasons set out while amending the said rule, it is stated that where a claim is admitted, the court has jurisdiction to enter a judgment for the plaintiff and to ..... defendants . in reply to para 4, respondent-bank clearly stated that vigilance organization has registered fir no. 26/1997 under section 5 (2) of the prevention of corruption act against one sh. v. k. gupta, assistant conservators of forest and that vide his letter dated 24.05.1997, investigating officer had directed the bank not to allow the ..... the locker has been refused pursuant to the instructions issued by the investigating officer of fir no. 26/97 under section 5(2) of the prevention of corruption act vide his letter dated 24.05.1997, whereby respondent-bank has been directed not to allow the petitioners or any other person to operate the locker in question and .....
Tag this Judgment!