Court : Jammu and Kashmir
Reported in : 2006(3)JKJ568
..... sports events. the reservation in professional colleges for outstanding performance in sports is governed by government order no. 163-gad of 1996 dated 22-2-1996 as amended from time to time. according to the existing dispensation, certificates for outstanding performance in sports events are issued by the j&k; sports council on the ..... to sports category for admission to professional institutions in the existing guide-lines notified vide govt order no. 163-gad of 1996 dated 22-2-1996 as amended from time to time.3. according to the petitioner the government order which regulate admissions to sports category do not provide any guideline for giving preference ..... reservation act, 2004, sro 126 continued to remain in operation till such time the new rules are framed. the state government issued govt order no. 163-gad where-under the provisions have been made for carrying out the reservation of 2% for candidates possessing outstanding proficiency in sports. this govt order has been amended from .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2005(3)JKJ270
..... the validity of the findings of the learned single judge we directed the public service commission to re-arrange the merit of the candidates by applying the amended rule 51. amended rule 51 reads as under:'51. the assessment at a selection which is solely by means of an interview shall be based on the following principles:a ..... meaning of word 'selection' and while defining the selection has held as under:'if the word 'selection' is understood in a sense meaning thereby only the final act of selecting candidates with preparation of the list for appointment, then the conclusion of the tribunal may not be unjustified. but round phrases cannot give square answers. before ..... any favour to them. mere fact of they being relatives does not per-se vitiate the selection unless, it is established that the selection committee has either acted illegally or with bias to ensure their selection.85. we have compared the academic merit of the writ petitioners and the selectees who are relations of members of .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2005(3)JKJ62,[2006]144STC217(NULL)
..... one of the principles providing situs of sale was engrafted in explanation to clause (l)a of article 286, as it existed prior to the constitution ( sixth amendment ) act, which provided that the situs of sale would be where the goods are delivered for consumption . the second view is situs' of sale would be the place ..... the successful tenderer shall remove the lot only after fulfilling the terms and conditions of tender including payments and on issue of delivery order by the competent authority.amended special terms and conditions earnest money deposit(emd)the tender should be accompanied by emd @ 20% of the total net sale value or each lot quoted by ..... we may advert to three decisions of this court in dwarkadas marfatia and sons v. board of trustees of the port of bombay : [1989]2scr751 , mahabir auto stores v. indian oil corpn. : [1990]1scr818 and shrilekha vidyarthi (kumari) v. state of u.p. : air1991sc537 . where the breach of contract involves breach of statutory obligation when the .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2005(1)JKJ382
..... was possession of a recognized medical qualification included in the 1st and 2nd schedule or part-ii of the 3rd schedule/other than licentiate qualifications to the indian medical council act 1956. the holders of educational qualifications, included in part-ii of the 3rd schedule were required to fulfill the conditions stipulated in sub-section (3) ..... 430 posts of assistant surgeons by following the criteria set down in rule 51 of jammu & kashmir public service commission (conduct of business and procedure) rules 1980 (amended); after restricting the number of candidates to be called for interview to the ratio of 1:3 i.e. three candidates against one vacancy;b- to issue ..... before each house of the legislature as much as possible after they are made and shall be subject to such modifications, whether by way of repeal or amendment, as the legislative assembly may make during the session in which they are so laid.'24. it is evident from the above statutory provision that the mandate .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2005(2)JKJ451
..... high court in the public interest litigations, which were pending in the previous years. mr. shah further contended that it is in this background that the government amended the policy on 22.7.2003 and made a separate provision for such applicants. further, according to him, under the policy such applicants constituted a separate ..... govern the trade of liquor and intoxicating drugs in the state. the state was adopting dual system to regulate the trade of liquor, viz., (i) relating to indian made foreign liquor (hereinafter referred to as imfl) through separate retail vends on a fixed annual licence fee and, (ii) relating to country liquor sold exclusively through ..... fresh licences issued only if justified by exceptional circumstances.iii. even when such exceptions are made, fresh licences shall strictly conform to the provisions of the act and the rules which govern issue of such licences and due regard shall also be given to the public sensitivities as also to the factors like public .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2005(1)JKJ325
..... of the code of civil procedure.5. 'in the written statement, the arahwalas' challenged the details of villages represented by khulwalas and arahwalas. (this led to amendment and addition of defendant nos. 27 to 67). they also challenged the area of their respective possession. according to them, the number of villages represented by khulwalas ..... by prescription to water in channel can be acquired as against the proprietary right of another, but not as against the sovereign right, which under the indian law the state possesses to regulate the supply of water in public streams so as to utilize it to the best advantage.'28. in the aforesaid case ..... the appellants' case in correct perspectives.11. shri qayoom further submitted that impugned decision of the revenue authorities remained a piece of paper and was never acted upon. in 1953 when there was less rainfall the respondents started interfering with the appellants exclusive utilization of water. it was pointed out that even the respondents .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2007(1)JKJ150
..... submitted that on account of typographically error, name of the petitioner has been inscribed as 'richika' instead of 'ruchika' and prayed that he may be allowed to make the table amendment. acceding to the prayer, the learned counsel for the petitioner is permitted to make correction in the cause title before the registrar judicial by table ..... no. 6).6. it is not in dispute that prior to the resolution of the standing committee of the academic council dated 19.12.2002, degree of music and fine acts was recognized for the purpose of admission to b.lib. sc. course. even the university statutes in the information brochure, which came to be issued for the session 2004-05 .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2005(1)JKJ198
..... person added as defendant shall be deemed to have begun only on the service of the summons.'section 22 of the limitation act (j&k; limitation act, 1938 ad corresponding to section 21 of the indian limitation act, 1963) being virtually part of sub-rule (5) may also be quoted side by side as under:'effect of ..... that the suit was initially filed against the municipality for mandatory injunction in the wake of the apprehended demolition of the shop, and even as per the amended plaint, the respondent sought the relief of mandatory injunction to restore the demolished shop alongwith the site, and the stocks in trade comprising of cosmetics and hosiery ..... 16th april, 1984, he filed another application seeking return of the goods from srinagar municipality/development authority which had been impleaded as a party defendant in the amended plaint. on 16th august, 1984 the municipality took a stand that it had no knowledge about the goods. the respondent contested the stand of the municipality and .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2005(2)JKJ5
..... has all the attributers of such property. it is capable of abstraction, consumption and use which, if done dishonestly, would attract punishment under section 39 of the indian electricity act, 1910. it can be transmitted, transferred, delivered, stored, possessed etc., in the same way as any other movable property'. the decision was noticed with ..... similarity in the phraseology used in both these statutes in describing the incidence of tax, namely, sale or supply of electricity, was significant. by the impugned amendment in 2001, section 3 of the upkar adhiniyam was substituted to provide for payment of energy development cess @ 20 paise by producers of electricity as well. ..... to sale and consumption of electricity and hence saved by entry 53 of list ii. rejecting the submission, the supreme court observed-'a plain reading of the amended provision makes it clear that the levy of cess was 'on electrical energy produced'. the phrase 'whether for sale or supply' merely clarified that all .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2005(3)JKJ373
..... may be instituted, continued or enforced and any such penalty, forfeiture or punishment may be imposed as if the repealing act had not been passed.16. thus under sec.6 of the general clauses act repeal of act of 1975 by the amendment act of 1983 did not and could not affect any liability ac! quired, accrued or incurred under the ..... of passing of the order stood already repealed by criminal law amendment act of 1983 which came into force on 23.3.1983. according to mr.sharma the amendment act ! of 1983 did not save the power of the governor to act under sub.sec.7 of sec.17 of the act of 1975 therefore, he was not possessed of the necessary ..... repealed by passing of jammu & kashmir criminal law amendment act of 1983 by the state legislature. this act came into force w.e.f. 23.3.1983. the repealing provision of amendment act of 1983 provided as follows:-20-repeal of act xxv of 1975(1) the jammu and kashmir government servants prevention of corruption act,1975 (xxv of 1975) (hereinafter in this .....
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