Court : Jammu and Kashmir
Reported in : 2007(2)JKJ153
..... of limitation. their lordships observed, it is plain that neither the decree of the appeal court nor the decree of the higli court reversed, varied or amended in any manner the final fore-closure decree of the appellant. the fore-closure decree remained intact and fully alive. it could be executed against the respondent ..... application can be deemed to be a revival application for reviving his previous application which if filed within the limitation prescribed by article 182 of the limitation act, which has not been finally disposed of.21. for the above reasons, i answer the question formulated above in the following manner:(a) that the limitation ..... the restoration application for reviving the first execution application, such restoration would be governed by such period of limitation as has been prescribed independently in the limitation act, subject however, to the outer limit of 12 years as envisaged by section 48 cpc. there may also be a situation where first execution application is .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2007(2)JKJ562
..... . proviso thereto on the one hand strikes at the arbitrary refusal and on the other speaks of an opportunity to the applicant to amend the timetable so as to conform it to the provisions of the act but does not suggest right of objections or opportunity of hearing to the existing operators. viewed thus, reliance by the learned counsel on ..... carriage permit if it appears from any time-table furnished that the provisions of this act relating to the speed at which vehicles may he driven are likely to be contravened:provided that before such refusal an opportunity shall be given to the applicant to amend the time-table so as to conform to the said provisions.2. a plain ..... reading of the section aforementioned makes it clear that it relates to the speed at which a vehicle has to be driven and the timetable proposed should not be in contravention of the provisions of the act. the provision extracted above .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2008CriLJ86,2007(2)JKJ317
..... which he is to he tried: and (iii) there must he evidence before the court that the person is prima facie guilty of the said offence. prior to its amendment vide act no: 2 of 1974, the provisions of section 351 of the central code (now section 319 were identical to those of section 351 of the state code. there was ..... absence of a formal committal order by a magistrate by invoking the provisions of section 351. the matter was considered by the law commission in its entire gamut, and necessary amendments were suggested to be in sessions 193.207-a and 351 of the central code. besides doing away with the condition of his presence before the court, sub-section ..... to he an accused before the court even at the time it look cognizance of the offence: no matter whether he was actually present before it then. a corresponding amendment was also made in section 193 and the expression 'unless the accused has been committed to it by a magistrate' was substituted by the expression 'unless the case has .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2007(2)JKJ256
..... a friend or some other person ratifies the complaint of the complainant, action would be launched straightway as is permissible in a few extreme cases under the indian evidence act eg dowry death and abetment to suicide of a woman etc. that would open a gateway to many innocents facing a similar ordeal and facilitating the ..... of officers and for obtaining approval of the competent authority.(e) when an officer is considered as a special review case, this consideration will be based on amended records consequent to redressal/relief granted to him by the competent authority. any punishment or censure (recordable and operative) awarded to the officer till the date of ..... consideration will also be incorporated in the amended profile.8. restoration of seniority if, in the case of an officer already approved for promotion as a first review or final review selectee there is a .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2007(2)JKJ222
..... act, we find that not only other state land but even land which falls under the land grants ..... /unauthorized) of the state land on certain terms and conditions. the act was enforced in the state w.e.f. 1.3.1002 vide sro 94 dated 1.3.2002 except in ladakh and kargil districts. by means of various amendment acts particularly act no. xvi of 2004 and act no. iii of 2007, the act was drastically amended. on going through the various provisions of the .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2007(2)JKJ282
..... questions of law and then only the high court is permitted to proceed with the case to decide those questions of law. the language used in the amended section specifically incorporates the words as 'substantial question of law' which is indicative of the legislative intention. it must be clearly understood that the legislative intention ..... very clear that legislature never wanted second appeal to become 'third trial on facts' or 'one more dice in the gamble'. the effect of the amendment mainly, according to the amended section, was:(i) the high court would be justified in admitting the second appeal only when a substantial question of law is involved.(ii) the ..... by principal of 'resjudicata' and estoppel, and their effect on the suit? opd5. whether the suit is not triable in view of the provisions of agrarian reform act? opd6. whether the suit is not maintainable for non-joinder of necessary parties? opd7. whether the suit is time barred? opd8. whether the plaintiff have given incorrect .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2007(3)JKJ450
..... . accordingly while referring following questions arising from proceeding discussions for consideration of large bench:i) whether the provisions of 'prevention of corruption act' as amended by the aforesaid amendment (amending act of 2001) providing for attachment/seizure of property in terms thereof can be invoked by a s.p of vigilance organization in a ..... ssp (abp)/06-1471 dated 26-06-2006 seeking his approval for attachment of above mentioned property as envisaged under section 8(b) of p.c act (amendment) act 2006.13. whereas, the commissioner of vigilance, vide his no. cv-fir-40/2003-7832 dated 27-06-2006, accorded approval in writing for ..... under impugned order, which in the circumstances is unassailable particularly because ssp's attachment order was illegal and forfeiture of property as provided for under the amended act invalid; etc.4. i have heard learned counsel and considered the matter. perusal of appellate order in which the proceedings culminated, reveals that while disagreeing .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2007(3)JKJ410
..... petroleum products.11. mr. z.a. shah, learned senior counsel appearing for the oil marketing companies, urged that the marketing discipline guidelines, 2005 and amendment introduced therein in 2007, introducing chapter xii to these guidelines, provide requisite and sufficient safeguards both for the transport contractors and the retail out-let dealers ..... ), the authorized officerg.s.r. 19(e).--in exercise of the powers conferred by section 3 of the essential commodities act, 1955 (10 of 1955), the central government hereby makes the following order further to amend the kerosene (restriction on use and fixation of ceiling price) order, 1993, namely:(1) (1)this order may ..... as under:g.s.r 18(e).--in exercise of the powers conferred by section 3 of the essential commodities act. 1955 ( 10 of 1955) the central government hereby makes the following order to amend the motor spirit and high speed diesel (regulation of supply, distribution and prevention of malpractices) order, 2005, namely .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2008(2)JKJ630
..... sub-section (2) thereof which creates a bar on entertainment of revision petition against appealable orders/decrees has been grafted into the code vide amendment of 1983 and incidentally till 1997 there has been a sort of divergence of opinion in this court regarding maintainability of revision petitions even after the-aforesaid ..... contention that land under reference in the instant matter was prohibited shamilat in respect of which he lacked jurisdiction/ the bar create, under section 139 of the act operated. the impugned order, however, does not contain anything to suggest that before returning a finding the learned trial judge tried to arrive at a definite ..... of revision petition with reference to annexures on record, has contended that the land not being prohibited shamilat, the bar created under section 139 of the act was not attracted thereto which renders the impugned order bad. in response counsel for other side while taking an objection to maintainability of the revision petition as .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2008(2)JKJ94
..... had no opportunity of objecting the maintainability of the proceedings, in that, they came to be arrayed as party respondents to the petition only after the amendment of the writ petition.30. that apart, depriving the private respondents of their right to question the maintainability of the public interest litigation proceedings, as a ..... . union of india reported as : (2002)illj550sc observed as follows:77. public interest litigation, or pil as it is more commonly known, entered the indian judicial process in 1970. it will not be incorrect to say that it is primarily the judges who have innovated this type of litigation as there was a ..... for compulsory acquisition of respondents' property, resort to determination of compensation by private negotiations was impermissible. learned counsel referred to the provisions of the state land acquisition act and rules framed thereunder to support his submissions.56. mr. z. a. shah, learned senior counsel, appearing for private respondent nos. 6 to 8, .....
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