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J and K Bank Ltd. and ors. Vs. Amar Poultry Farm

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 .....

Haji Mohammad Akram Vs. State and ors.

Court : Jammu and Kashmir

Reported in : 2007(2)JKJ234

..... on 9th of april 1997 was published in government gazette on 10th of april 1997. this amendment act of 1997, besides introducing other amendments in the state land acquisition act, amends section 4 of the state land acquisition act. this amendment reads thus:2. amendment of section 4, act x of samvat 1990:clause (c) of sub-section (1) of section 4 of ..... in the government gazette was erroneous as it was based on a provision of law which stood since withdrawn by the state legislature which had amended section 4 (b) of the act by act no. iv of 1997 which stood published in 1997 slj 441. regarding plea of malafides raised by the petitioners, learned dy. ag, says ..... it had not been published in the government gazette is thus untenable in view of the amendment introduced in section 4 of the jammu and kashmir state land acquisition act which no longer requires publication of notification under section 4 of the act in the government gazette. the judgment cited by mr. attar, therefore, cannot be of .....

Rajesh Gupta and ors. Vs. State of J and K and ors.

Court : Jammu and Kashmir

Reported in : 2007(3)JKJ80

..... recognized institution.8. it be seen that in the advertisement notice dated 29.12.2005 the eligibility qualification prescribed for the post was as per the un-amended rules. be it so, by the corrigendum dated 21.2.2006 the eligibility qualification, which has now been prescribed, is admittedly not in accordance with the ..... constitution (application to jammu & kashmir) order, 1954 and as amended by the constitution (application to jammu & kashmir) amendment order, 1965, under entry 35 of the concurrent list, enacted the central laws (extension to jammu & kashmir) act, 1968. by section 2 of the said act, the acts mentioned in the schedule and all rules, orders and regulations made ..... for the purpose of carrying into effect the provisions of this act, establish a motor vehicles department and appoint as officers, thereof such persons as it thinks fit.(2) every such officer shall be deemed to be a public servant within the meaning of indian penal code (45 to 1860).(3) the state government may .....

S. Seva Singh and anr. Vs. S. Surjeet Singh and ors.

Court : Jammu and Kashmir

Reported in : 2007(3)JKJ149

..... course of hearing has been noted by us only to be summarily rejected....20. it is also pertinent to mention here that plaintiffs have in para 6 of the amended plaint indicated when and how cause of action had accrued to them, they have specifically pleaded that cause of action had accrued to them prior to one year before ..... of the judgment the high court has mentioned a portion of the relevant evidence on the question of title and possession and made adverse comments against the findings of act recorded by the first appellate court without giving any valid reason therefor. so far the revenue records are concerned, the appellate court considered the same and held that ..... manner and reverse the finding of fact recorded on the basis of the revenue record by the trial court?(iii) can a protected tenancy right created under the tenancy act be ignored by a civil court?it appears that this court vide order dated 6-10-1993 had formulated the following points for adjudication:1. the evidentiary value .....

Kuldeep Kumar and ors. Vs. State of J and K and ors.

Court : Jammu and Kashmir

Reported in : 2007(1)JKJ254

..... (a) first correct. deleted. (b) second (c) third (d) fifth-----------------------------------------------------------------------------------------42. which constitutional no correct the question amendment in india made option given. stands primary education a deleted. fundamental right? (a) 80th (b) 81st (c) 82nd ..... ------------------------------------- | grandson = o grand daughter (a) affinal family (b) consanguinal family (c) fictional family (d) matrilineal family--------------------------------------------------------------------------------------------------------------------------113. the kwekiuti indians of north american wrong spelling in the question pacific coast use the 'potlatch' to 'kwekiuti'. stands deleted. express (a) war of blood (b ..... 118 a musician singing at a concert is an question was subjective as per expert 'c' example of (a) act (b) action (c) in nature, which was opinion, the process (d) collective behaviour open to various question .....

Syed Begum Vs. Zulafkar Ahmed and anr.

Court : Jammu and Kashmir

Reported in : 2007(2)JKJ112

..... act by way of bequest was removed. act iv of 1989 came into force w.e.f. 10.4.1989. the restriction on bequest, therefore, remained operative ..... from 13.7.1978 to 10.4.1989. by means of amendment act no. xxviii of 1997, section 31 has now been deleted from the act which was now there is no restriction on any kind of alienation of land under the act. but neither the act iv of 1989 nor the act xxviii of 1997 is relevant for us as the will in the ..... under and in accordance with the provisions of the jammu and kashmir land revenue act, samvat 1996.13. by means of the same act iv of 1989 the words bequest occurring in the explanation to section 31 were omitted from the section. it means that after the amendment act iv of 1989 the restriction put on the alienation of the land under the .....

Firdous Ahmad Tanki and ors. Vs. J and K Bank Ltd. and State of J and ...

Court : Jammu and Kashmir

Reported in : 2006(2)JKJ146

..... counsel for the petitioner, mr. z.a. shah, learned senior advocate appearing for the respondent-bank has stated that the bank is a company simpliciter registered under the indian companies act 1956 like any other private company. the share capital of the government is reduced to 53%. the company is listed on stock exchange. it's most of the ..... as a scheduled bank, cannot be termed as an institution or a company carrying on any statutory or public duty. a private body or a person may be amendable to writ jurisdiction only where it may become necessary to compel such body or association to enforce any statutory obligations or such obligations of public nature casting positive ..... the authorized capital of the company is rs 75.00 crores divided into 7,50,00,00 equity shares of rs 10/- each (as is evident from the amended memorandum and article of association placed before us). the objects of the company relevant for the purposes of the present controversy are-(a) to establish and carry on .....

Zulfkar Ali Shah Vs. Alam Shah and ors.

Court : Jammu and Kashmir

..... suit or proceeding relating to cases specified in clause (e) of sub-section (3) which, immediately before the commencement of the jammu and kashmir agrarian reforms (amendment) act, 1988 were pending before any civil court, shall, on such commencement, stand transferred to the collector having jurisdiction over the area in which the land in dispute ..... against the recorded owner/intermediary.(4) any application, suit or proceeding of the kind mentioned in sub-section (3), pending at the commencement of this act before a revenue officer subordinate to a collector or any civil or revenue court, shall be transferred to the collector having jurisdiction in the place in which ..... 1st class, mendhar, whereby he has held suit titled zulfkar ali shah and ors. v. alam shah and ors. triable by authorities under the agrarian reforms act, and transferred the suit pending before him to collector (sdm, mendhar).2. shri babu ram sharma, learned counsel for the petitioner, submits that learned munsiff has .....

Miss Saleema Vs. Collector Land Acquisition and ors.

Court : Jammu and Kashmir

..... . etc. etc. v, purya and ors. etc. etc.' reported as 2004 (7) supreme 711, where their lordships have referred to section 51 of the central land acquisition act, which on amendment of the land acquisition act permitted reliance on the certified copy of the sale transactions for relying on the contents of the document. it has been observed by their lordships:22. in ..... the conditions precedent therefore in terms of section 75 of the indian evidence act are fulfilled. the transaction evidenced by the sale deed must be proved in accordance with law. 7. state land acquisition act too stands amended and section 49-a stands inserted in the state land acquisition act by act xx of 1988. amended section reads, thus:49-a. acceptance of certified copy as evidence .....

Khem Raj Vs. State of J. and K.

Court : Jammu and Kashmir

Reported in : 2006CriLJ1918

..... the wealth and property. in order to consolidate and amend the laws relating to prevention of corruption and matters connected thereto, the prevention of corruption act, 1947 was enacted which was amended from time to time. in the year 1988 a new act on the subject being act no. 49 of 1988 was enacted with the object ..... authority with seal12. perusal of sanction order itself shows that the sanctioning authority has applied its mind before according sanction under section 6(b) of the act to prosecute the appellant. the sanction order was passed by the senior superintendent of post offices, jammu division, jammu, being the competent authority to remove khem ..... of dealing with the circumstances, contingencies and shortcomings which were noticed in the working and implementation of 1947 act. the law relating .....