Judgment Search Results Home > Cases Phrase: mulki rules act 1972 Court: jammu and kashmir Page 1 of about 379 results (0.118 seconds)

Sardar Ali. Vs. State and anr.

Court : Jammu and Kashmir

Reported in : 1982CriLJ644

..... cri lj 114 (supra), the learned judges of the punjab high court also categorically and in unambiguous terms laid down that where the rules framed under the act, 1954, do not lay down any standard for a particular article of food, then the relevant part of the existing rules in the state of punjab which prescribe standard for that article of food, would continue to apply in the state even after the coming ..... from 10-10-1972, the provisions of the state rules of 1963 would continue to apply in respect of the matter for which the central rules do not make any provisions, provided that the relevant provisions of the state rules are not inconsistent with or repugnant to the provisions of the central act or the rules framed thereunder and in that view of the matter violation of the provisions of the state rules in regard to the standards prescribed therein for cow's milk and ..... adulteration act, 1954, was extended to the state of jammu & kashmir (with effect from 26-1-1972), there were, in force in the state of jammu & kashmir a set of rules called the jammu & kashmir prevention of food adulteration rules, 1963 and in those rules standard for buffalo's milk and cow's milk had been prescribed, but after the extension of the prevention of food adulteration rules. ..... rules) to the state vide notification no, gsr 436-e dated 10-10-1972 with effect from 10-10-1972 the state rules ceased to have any application in the state by virtue of section 25(2) of the prevention of food adulteration act .....

Chief Conservator of Forests Vs. Mohammad Ismail Dar and ors.

Court : Jammu and Kashmir

Reported in : 1999CriLJ1697

..... committing any offence in respect of any forest produce.section 26(a) also gives powers to specified forest officer, on conditions provided thereto, to enter a premise, make search and order confiscations provided the contravention of the provisions of the act is relatable to forest produce.sections 27 and 29 gives powers to the magistrate for disposal of the property during pendency or at the conclusion of the trial in respect of forest offence.section 32 provides for appeal against any ..... and the annexures thereto, placed on record by the counsel for the respondents, it is found that the saw mill of respondent-ismail dar, is licenced under the saw mills registration and control rules 1968 and ending december 1996 he has paid the fee even for subsequent year. ..... the counsel for petitioner submits that saw mills registration and control rule 1968 (sro 434 dated 28-10-1968) gives powers to the chief conservator of forest to exercise control in executive capacity and to confiscate ..... forest authorities in this case have suspected contravention of rules, which when read with other provisions of the forest act is an offence under the forest act. ..... against these saw-mill owners, but all the same the fact remains that the inspections were conducted and premises of these sawmills entered upon under the provisions of the forest act and the rules framed thereunder. ..... registration and control rule 1968, have been made under enabling provisions of section 45 of the jammu and kashmir forest act. .....

Dogra Distilleries Vs. State of J and K and ors.

Court : Jammu and Kashmir

Reported in : 2008(2)JKJ511

..... to carry out any provision of the act or any other law for the time being in force and relating to the ..... the imposition of duty with the aid of rule 36 of the distillery rules, saying that the rule is intra vires the constitution and had been framed in exercise of powers vested in the government under section 25 of the act to ensure that the excise duty was not evaded by unscrupulous manufacturers of liquor, the petitioner submits that rule 38 of the distillery rules is an over broad exercise by the government of the powers which section 25 of the excise act vests in it, for it does not intend ..... in order to examine the contention of learned advocate general, that rule 38 of the distillery rules, framed in terms of power vested in the government under section 25 of the excise act read with section 17, authorizes the government to levy excise duty on the presumptive quantity of liquor, regard needs to be had to the provisions of section 25 of the excise act as to whether or not this provision delegates any such authority in the government to frame rules, facilitating imposition of excise duly in one or the other way, or .....

Sukesh Chander Khajuria Vs. State and ors.

Court : Jammu and Kashmir

..... and applies to all government servants and not merely to the doctors and, therefore, to make section 13 workable it is even otherwise essential and desirable for the state government to provide guidelines by the framing rules under section 16 of the 1983 act as also to nominate the prescribed authorities who are in a position to apply their mind to individual cases keeping in view different areas of the state, to grant or refuse permissible to undertake private practice on such terms as ..... section 32 of the indian medical council act, 1956 (cii) of 1956 confers powers to frame rules on the central government and section 33 confers power on the medical council of india to make ..... make the decision workable guidelines have to be framed and the same can be provided in the rules to be framed under section 16 of the 1983 act which empowers the state government two frame rules for carrying out the object of the act. ..... rule 15 of the jammu and kashmir medical education (gazetted) service rules, 1979 and section 13 of the jammu and kashmir public men and public services (declaration of assets and other provisions) act, 1983 the court held that the rules which prohibit private practice by government doctors found legislative recognition when section 13 was enacted and the impugned order did not intend to impose a prohibition which was not already in ..... statutory provisions relied upon by the learned counsel for the petitioner are the act of 1983 and the rules of 1979 mentioned hereinabove. .....

Ranson Industries Vs. Union of India (Uoi)

Court : Jammu and Kashmir

Reported in : 2003(151)ELT53(J& K)

..... by central excise (amendment) rules, 1997 (amendment rules), framed by the central government in exercise of powers conferred under section 37 of the act, 1944, certain amendments were made in certain rules of the central excise rules relevant for levy and collection of excise duty on molasses. ..... kohli contended that rule 7a of the rules is ultra vires section 3(1) of the act because it purports to levy purchase tax in the garb of excise duty. ..... it is clear from a reading of chapter iii of the rules, in particular rules 7, 7a, 9, 9a, 9b and 9c, that by the impugned amendment of the rules, the liability to pay excise duty on the manufacture or production of molasses has been shifted from the manufacturers or producers to the persons who procure molasses produced and manufactured in khandsari sugar factory for use in the manufacture of any commodity liable for payment of duty imposed under the act. ..... section 37 of the act empowers the central government to make rules to carry into effect the purposes of the act. ..... the expression 'prescribed' has been defined in clause (g) of section 2 of the act to mean, 'prescribed by rules made under this act'. ..... he submits that in that view of the matter, rule 7a of the rules is clearly violative of section 3(1) of the act. ..... in the premises, we do not find any merit in the challenge to the validity of rule 7a on the ground that it is inconsistent with section 3(1) of the act. .....

Sunil Kumar Gupta Vs. State of J and K, Through Director of Litigation ...

Court : Jammu and Kashmir

Reported in : 2004(2)JKJ267

..... to time;(v) issue writ in the nature of prohibition commanding respondents to abide by the rules and regulations and refrain from taking any such action against the service interests of the petitioner as may be detrimental or disadvantageous to the petitioner in any manner, whatsoever; andpass any other order, ..... effective steps to have the matter relating to raising of gazetted status/rank finally decided;(iv) to consider and promote the petitioner to the post of administrative officer strictly in accordance with rules and orders referred heretofore, coupled with the seniority position and performance of the petitioner taking into account the certificates of merit and cash reward sanctioned by the police department from time ..... from the police department on fabricated grounds and other mala fide considerations despite court orders in favour of the petitioner passed from time to time and that the general administration department was acting accordingly in the matter of his repatriation to milk federation, jammu, to which he did not belong at the time of his transfer in 1991 and also that the government milk ..... the registrar, j&k; co-operative societies under the j&k; cooperative societies act and the rules made thereunder.19. ..... post of section officer existed in any cadre of police department, the same being a civilian post and not covered under police act/rules.10. .....

Mian Bashir Ahmad and Etc. Vs. State of J. and K. and ors.

Court : Jammu and Kashmir

..... a legislator, or his right to form association, but what is actually seeks to take away is his right to continue as a legislator which is not a fundamental right but is merely a statutory right; fifthly, that the rule of ejusdem generis is not attracted to the impugned legislation because clauses (a) to (d) of section 69 of the state constitution do not have a common genus and provide for disqualification arising out of different causes; sixthly, ..... of jammu and kashmir and does not affect adversely the fundamental rights of the petitioners under article 19 (1)(a) and (c);(2) even if, for the sake of argument, it is assumed for a moment that the impugned act does, in one manner or the other, adversely affect the fundamental right of the freedom of speech of the petitioners, the restriction so imposed was reasonable restriction within the provisions of ..... with constitutional matters, the court should confine its decision to those points only which necessarily arise for determination on the facts of the case, and, that acting on this rule, we should direct ourselves to the determina-tion of the validity of only clause (a) of the impugned section. ..... the highlights of the data so collected are that, between the years 1967 and 1972, 60% of the elected legislators defected at least once and most of the 51 ministries sworn in ..... popularity. in elections of 1967 and 1972 in view of the fact that the national conference party did not participate in the same, the congress obtained a majority and .....

National Cooperative Dairy Federation of India Ltd. and Ors. Vs. State ...

Court : Jammu and Kashmir

..... it is, however, important to note and needs to be emphasized that respondents in their reply, while contending more than once that petitioners are required to get themselves registered in the state of jammu and kashmir under the act and are liable to furnish security till they obtain registration, have not 7 clearly stated as to whether the transaction in question is liable to levy and payment of vat or not.10. ..... 2 and 3 pursuant to aforementioned supply orders for delivery at the specified delivery points of the northern command of the army in the state of jammu and kashmir for enforcing payment of vat under the act and by a writ of mandamus respondents are directed to undo all the steps taken by them in this behalf and to release the bank guarantee(s) furnished by the petitioners.27. ..... the mod procures milk and milk products only from the petitioner-federation/member cooperatives against negotiated contracts and in this behalf the petitioner-federation acts as a single window approach for the mod in regard to the procurement of milk and milk products for the armed forces all over india. ..... sarkar, air1961sc65 their lordships of the constitution bench of the supreme court have held that clause (a) of section 3 of the cst act includes those sales in which the movement of goods from one state to another is the result of a covenant or incident of the contract of sale between the seller and the buyer.16. .....

Suomoto Proceedings in Flesh Trade Vs. State and ors.

Court : Jammu and Kashmir

Reported in : 2008(1)JKJ161

..... to refresh his memory or if the criminal court uses it for the purpose of contradicting such police officer in the inquiry or trial, the provisions of section 161 or section 145, as the case may be, of the indian evidence act would apply; and the accused would be entitled to see the particular entry in the case diary which has been referred to for either of these purposes and so much of the diary as in the opinion of the ..... was the information, true, false, or misleading which was obtained from day to day by the police officer who was investigating the case and what were the lines of investigation upon which such police officer acted.the criminal court holding an inquiry of trial of a case is therefore empowered by sub-section (2) of section 172 to send for the police diary of the case and the criminal court can use such diary, ..... , any part of his statement, if duly proved, may be used by the accused, and with the permission of the court, by the prosecution, to contradict such witness in the manner provided by section 145 of the indian evidence act, 1872; and when any part of such statement is so used, any part thereof may also be used in the re-examination of such witness, but for the purpose only of explaining any matter referred to in his cross-examination ..... going through the provisions of the jammu and kashmir prostitution rules, 19211 am of the view the same stands repealed by section 25 of the immoral traffic (prevention) act, 1956.80 ..... the rules have not been framed under the act .....

Syed Waseem Yaqoob and ors. Vs. State and ors.

Court : Jammu and Kashmir

Reported in : AIR2010J& K22

..... . even otherwise in terms of the constitutional provisions referred to hereinabove and the business rules communication made by under secretary to government cannot be said to be a government order and said communication cannot be pressed into service to claim that it has clothed the petitioners with any right in ..... present case no such exercise has been undertaken but the nominations as reflected in para 18 of the record has been made on the recommendations of ministers/mlas/mlcs and party functionaries of almost all political parties, such act on the face of it offends safeguards contained in the constitution and such action cannot be sustained in law ..... . section 43 of the constitution of j&k;, provides that the governor shall make rules for the more convenient transaction of the business of the government of the state and for the allocation among ministers of the said business ..... . it is further stated in the said affidavit that the recruitment rules governing method of recruitment for the post of dawasaz have been sanctioned vide sro-20 of 1992, the prescribed qualification for the post of dawasaz is matric with dawasaz training ..... a minister has been held to be public servant and as such cannot be above law and in his executive functions he has to work in accordance with the laws and rules and not in accordance with his own wishes ..... . the decision are taken according to business rules at different levels and ultimately the decision rests with the authority specified in the name of .....