Court : Jammu and Kashmir
..... can not be extended to the person who has completed eighteenth year of age as on 01.04.2001, i.e., the date of enforcement of the act. the applicability of the act was clarified by amending act no. 33 of 2006 (central) which provided that the benefit of juvenility shall be extended even to juvenile who had completed the age of 18 years ..... constitution bench in pratap singh (supra), this court in the case of hari ram (supra) considered the above question of law in the light of amendment act 33 of 2006 in the provisions of the act which substituted section 2(l) to define a juvenile in conflict with law as a juvenile who is alleged to have committed an offence and has ..... cannot be extended to the person who has completed the 18 years of age as on 01.04.2001 i.e. the date of enforcement of the act. in the background of this judgment, the legislature brought amendment act 33/2006 proviso and explanation in section 20 to set at rest doubts that have arisen with regard to the applicability of the .....
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!Court : Jammu and Kashmir
..... impart training/enroll doctors in the concerned discipline. dr. vikrant singh claims to have dnb qualification in surgical gastroenterology . schedule-i to the indian medical council act 1956 does not include surgical gastroenterology amongst the recognized medical qualifications. the diplomat n.b. qualification granted by national board of examination after 30th august ..... reason being that the selection process was initiated on 26 august 2010, the last date fixed for submission of applications was 27.09.2010. the amendment incorporated in nov 2010 in mci regularization 1998 therefore would not be applicable to the selection process in question and would not extend any help ..... dnb qualification. it is pleaded that the dnb qualification acquired by dr. vikrant singh at bhopal memorial hospital and research centre, bhopal in terms of amendments introduced by notification dated 3rd november 2010 to mci regulations 1990 cannot be equated with m. ch. degree and earn dr. vikrant singh extra .....
Tag this Judgment!Court : Jammu and Kashmir
..... power on the commission to suo moto order inquiry, investigation or proceeding against a public functionary by making necessary amendment in the act. however, as on today, such a power to the commission is not available under the act.41. in view of the conclusions drawn, the regulation 9 is held to be ultra vires the jammu and ..... 64; 68. today, corruption in our country not only poses a grave danger to the concept of constitutional governance, it also threatens the very foundations of the indian democracy an the rule of law. the magnitude of corruption in our public life is incompatible with the concept of a socialist secular democratic republic. it cannot be ..... no.902/2006.8. peerzada mohd sayeed is minister for public enterprises in the present cabinet. on 31st january, 2012, daily excelsior, kashmir times, tribune, the indian express, carried a news item wherein it was alleged that mr. peerzada had used his official position in facilitating use of unfair means by his foster son namely, .....
Tag this Judgment!Court : Jammu and Kashmir
..... of living that the country has witnessed for the last eighteen years after coming into force of section 163-a of the act, cannot be lost sight of, when despite there being provision in section 163-a of the act providing for 5 amendment in the schedule on the basis of the cost of living, the schedule has not been ..... amended. the multiplier method which has come to be accepted in the courts in india provides methodology for assessment of economic dependence. it ..... case, the expression consortium needs to be understood.9. the word consortium , derived from the latin word, consort , in the context it is used in the motor vehicles act means marital association and in legal parlance, the right of one spouse, to the company, affection, and assistance of the other, and to sexual relationship with each other. 6 .....
Tag this Judgment!Court : Jammu and Kashmir
..... abrogated pertains or pertain to the basic structure. (iv) justification for conferring protection, not blanket protection, on the laws included in the ninth schedule by constitutional amendments shall be a matter of constitutional adjudication by examining the nature and extent of infraction of a fundamental right by a statute, sought to be constitutionally protected, ..... ninth schedule by a constitutional amendment, its provisions would be open to attack on the ground that they destroy or damage the basic structure if the fundamental right ..... ninth schedule is amended by inclusion of various laws therein shall have to be tested on the touchstone of the basic or essential features of the constitution as reflected in article 21 read with article 14, article 19, and the principles underlying them. to put it differently even though an act is put in the .....
Tag this Judgment!Court : Jammu and Kashmir
..... mode and manner for recruitment and promotion to the members of the high court staff service, as he may deem fit so to do, either by introducing amendment to the existing mode governing recruitment and promotion, or by repealing the existing mode and manner and introducing new rules prescribing fresh mode and manner for filling up ..... computer application or bca recognized by the state govt., besides two years experience on the lower post. respondent no.4 relies on diploma issued to him by indian technology of computer sciences, purkhoo domana-jammu, which is indicated to have been issued to him after completion of the course in the year 2002-2003. this ..... computer section of the service. this probably appears to be the reason that the promotions and adjustments came to be made pursuant to the orders of the acting chief justice; but without getting the matter examined by the registry on the eligibility or otherwise of the persons recommended by the judges committee for promotions/adjustments. .....
Tag this Judgment!Court : Jammu and Kashmir
..... india regulations is attributable to the delay in grant of letter of intent and grant of permission in terms of section 10-a (4) of the dentists amendment act 1993. it is pointed out that the permission was granted on 28th september, 2006 and the admission initially directed to be completed by 30th september, 2006 ..... 2006. the government of india, accordingly, vide letter dated 28th september, 2006 conveyed formal permission to the trust under section 10-a (4) of the dentists (amendment) act, 1993 to establish a new dental college, under name and style of institute of dental sciences with intake capacity of one hundred students, at sehora, jammu, for ..... in contravention of the stipulations set out in the communication dated 28th september, 2006, would be treated as irregular and action under section 10-b of the act initiated against the trust. the government of india vide its communication dated 10th october, 2006 extended the deadline for completing the admission process from 30th september, .....
Tag this Judgment!Court : Jammu and Kashmir
..... india regulations is attributable to the delay in grant of letter of intent and grant of permission in terms of section 10-a (4) of the dentists amendment act 1993. it is pointed out that the permission was granted on 28th september, 2006 and the admission initially directed to be completed by 30th september, 2006 ..... 2006. the government of india, accordingly, vide letter dated 28th september, 2006 conveyed formal permission to the trust under section 10-a (4) of the dentists (amendment) act, 1993 to establish a new dental college, under name and style of institute of dental sciences with intake capacity of one hundred students, at sehora, jammu, for ..... in contravention of the stipulations set out in the communication dated 28th september, 2006, would be treated as irregular and action under section 10-b of the act initiated against the trust. the government of india vide its communication dated 10th october, 2006 extended the deadline for completing the admission process from 30th september, .....
Tag this Judgment!Court : Jammu and Kashmir
..... duties are indirect taxes, meant to be passed on, is statutorily recognized by section 64-a of the sale of goods act, 1930 { which was introduced by the indian sale of goods (amendment) act, 1940 and substituted later by act 33 of 1963. as originally introduced, section 64-a read. 64-a. in the event of any duty of customs ..... (ii) . in such cases, the claim for refund is maintainable by virtue of the declaration contained in article 265 as also under section 72 of the contract act as explained hereinbefore, subject to one exception; where a person approaches the high court or the supreme court challenging the constitutional validity of a provision but fails, he ..... to the respondents for payment of rs. 26,64,762/- along with interest calculated in terms of section 24-b of the jammu and kashmir excise act, svt.1958 (for short act of 1958), which were recovered from him as staff charges. 2/ respondents have filed reply affidavit/objections. 3/ learned senior counsel for the petitioner submitted .....
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