Judgment Search Results Home > Cases Phrase: mulki rules act 1972 Court: jammu and kashmir Page 10 of about 379 results (0.099 seconds)

B.A. Rather and anr. Vs. H.K. Dua and ors.

Court : Jammu and Kashmir

Reported in : 1994CriLJ3414

..... the high court as being 'infiltrated by subversives' and then going to single out 'two judges of the srinagar bench' and linking them with 'such infiltration' could be nothing, but an act of a pervert mind, not being used to the normal niceties of expression and communication and totally oblivious of his duties and responsibilities as a reporter of men and matters, events and happenings, turmoils ..... we are unable to agree with the contention of learned counsel while very carefully examining the aforesaid three judgments because we found that in none of these three cases was any abstract rule laid down either by the apex court or by calcutta high court which could be a guiding factor for a court to decide as to whether, in a given set of ..... puri, learned counsel appearing for respondents has made a feeble attempt to offer explanation in support of the act of the respondents in publishing the news item in question but we refused to consider any such explanation offered at that time keeping in view the contents of the ..... should never, under any circumstance, loose its cool in dealing with a contemner, even in cases of proven gross contempt and should always try to strike a balance between the act of a contemner committing contempt and the quantum of punishment to be awarded, quite often, of course, not to be oblivious of the gravity of the act of contempt itself or the conduct and attitude of the contemner.12. ..... state of punjab (1972 cri lj 754) (sc) it was observed as under in para 9 .....

Ajay Sharma Vs. State of J. and K. and ors.

Court : Jammu and Kashmir

Reported in : 1995CriLJ3162

..... jammu:-i) the date when the convict was lodged in the jail;ii) the date when his case was forwarded by the jail superintendent to the government for consideration of his release in terms of rule 516-b of the punjab jail mannual; andiii) lastly, the action taken by the government thereon and when the convict was so released.with the above observations, we dispose of this petition. ..... (3) that under para 516-b of the punjab jail manual, it is obligatory for the jail superintendents concernd to forward the cases of prisoners who fall within the bracket of this rule and who have completed the prescribed term of imprisonment inclusive of remissions, if any, for consideration and appropriate orders of the government for their premature release.in order to satisfy ourselves of the ..... larger bench on the following questions of law :-' 1) what is the extent of sentence of life imprisonment in view of the provisions of sections 55, 57 and 71 of the ranbir penal code read with sro 56 of 1971 dated 24th january 1972 :2) any such other matter which may be raised and is found by the division bench to be connected with the pleas raised by the convicts filing these petitions. ..... the respondents, made a statement at the bar that the state is dealing with the premature release of lifers in accordance with the provisions of rule 516-b, as amended till date, of the punjab jail manual, which was adopted by the state of jammu and kashmir on april 22nd. ..... in the penal code, criminal p.c, or the prisons act. .....

State of Jandk, and ors. Vs. Safia Begum.

Court : Jammu and Kashmir

..... -writ petitioner that appellants be directed to consider her claim for appointment on compassionate grounds or on class iv post or on any other equivalent post in place of her deceased husband, on the basis of rules of 1994 or any other equivalent post in place of her deceased husband and in the alternative it was prayed that similar treatment be ordered to be meted out to petitioner which has been given to smt. ..... the home department after determining the eligibility may forward the case to the government in the general administration department.rule 2 of the rules of 1994 make the rules applicable to family member of: (i) a government employee who dies in harness other than due to militancy related action; (ii) a government employee who dies as a result of militancy related action ..... paragraph 3 of the said judgment, it is mentioned that the state government had taken a decision which was notified on 9th may, 1972 providing therein that scheme of benefit of ex-gratia payment to the dependant of the employees of the haryana government who died while in service ..... (3) a family member of a deceased member of armed force or paramilitary force who is eligible under these rules may apply for appointment against a suitable vacancy to the government in the home department through the commanding officer of the unit in which the deceased member of the ..... of mandamus cannot be issued to command the government and its authorities to do an act, which is not countenanced by the law and the rules. .....

Mohammad Yaseen Shru Vs. Hakim Khalid Ahmad and anr.

Court : Jammu and Kashmir

Reported in : AIR1997J& K32

..... it was in that case held that the object of article 227 was to see that subordinate courts act within the bounds of their authority and do not transgress the same bounds. ..... both the orders are admittedly passed in terms of rules 2 and 2-a of order 39. ..... therefore, at this stage this argument does not find favour with me and while passing the impugned order, the trial court does not seem to have acted beyond the authority of law. ..... order xliii, rule 1 (r) makes both these orders appealable. ..... according to him, this amount far exceeded the pecuniary jurisdiction of the court and in that view of the matter, the court had acted beyond its authority. ..... constitution, in the case cannot apply on the following grounds :-- (i) section 104 of jammu and kashmir constitution, relates to supervisory control of the courts and its parameters are defined, it has only to see that the court acts under its authority. ..... the same view was taken in air 1972 sc 1598. .....

Teerath Ram and ors. Vs. Revenue Minister and ors.

Court : Jammu and Kashmir

Reported in : AIR1991J& K40

..... 42-h of 1947 under his highness was pleased to make following order:--'in exercise of the powers inherent in him under section 5 of j & k constitution act, 1996 his highness maharaja bahadur has been pleased to command that no suit shall lie in any civil court in respect of matter of grant, dismissal or revocation of state subject certificate or in respect of declaration of a ..... 2 of this act is relevent for considering the abovesaid propostion of law and this section which pertains to repeal and saving is as under :--'(1) from the date this act comes into force all previous laws, rules, commands, orders, circulars and instructions relating to the grant of state subject or permanent residents certificates in so far as they are repugnant to this act shall be deemed ..... petitioners' further case is that under j & k grant of permanent residents certificates (procedure) act, (act hereafter), an order passed for issuance of certificate of permanent resident of the state can be set aside only in a revision filed before the government but in the present case no such revision was filed ..... beharilal, air 1972 j & k 114 and it was held in para 13 as under:--'thus powers of revision which earlier vested in the revenue minister under command order have been given under the act to the government, these powers are exerciseable by the government not only with respect to cases arising under the act but also in regard to these arising under earlier laws; on the subject, the reason being that 'all .....

Smt. Kanta Rani Vs. Som Nath

Court : Jammu and Kashmir

..... this shop was transferred in the name of the plaintiff by virtue of a transfer deed (tameliqnama) by the said lala amar nath on 27-8-1972, andexecuted by the said lala amar nath on 27-8-1972, and the same lay within the possession of the defendant as a tenant, and the ownership of the plaintiff was accepted by the defendant, who paid rent of the plaintiff regularly as its owner ..... the other argument advanced by the learned counsel for the plaintiff was that an application under order 41, rule 27 read with section 151 of the code of civil procedure was moved by him before this court for allowing the plaintiff to lead additional evidence in the case, and it was ordered by this court vide order ..... representing the plaintiff has argued at length regarding the reasonablerequirement of the plaintiff and, in this regard, has laid great emphasis on the ruling of the hon'ble supreme court as reported in air 1979 sc 272. ..... such a court should defeat the very purpose of the act, which affords the facility of eviction of the tenant by the landlord on certain specified grounds.8 ..... house and shops -rent control act, was in question rather the whole case is dependant on the factual position of the case.14 ..... houses and shops rent control act and have thus misapplied the law and overlooked some of the essential features of eviction the supreme court had to enter into the merits of the case in order to prevent grave and substantial injustice being ..... & shop rent control act. ..... and shops rent control act. .....

State of J. and K. and ors. Vs. Ghulam Rasool

Court : Jammu and Kashmir

Reported in : AIR1998J& K73

..... itself on three matters -(a) that the order of the subordinate court is within its jurisdiction; (b) that the case is one in which the court ought to exercise jurisdiction; and (c) that in exercising jurisdiction the court has not acted illegally; that is, in breach of some provision of law, or with material irregularity by committing some error of procedure in the court of the trial which is material in that it may have affected the ultimate decision. ..... which provides that a suit and/or an application for interim relief against the government or any public officer in respect of any act purporting to be done by the public officer in his official capacity, may be instituted with the leave of the court, without serving any notice as required by sub-section (1); but the court shall not grant relief in the ..... civil procedure code was amended by act xi of 1983 with effect from 15th of august 1983, by which sub-section (2) was inserted into section 115 of the civil procedure code. ..... kapoor , air 1972 sc 2379, has held that an erroneous decision on a question of law reached by the subordinate court which has no relation to questions of jurisdiction of that court, cannot be corrected by high court under section 115, cpc. ..... counsel appearing for the petitioners has contended that the revision petition in the present case is maintainable because the city munsiff, srinagar has not passed the impugned order under the provisions of order 39, rules 1 and 2, c. p. c. .....

Haji Ghulam Muhammad Shah Vs. District Magistrate Srinagar and anr.

Court : Jammu and Kashmir

Reported in : 1998CriLJ4289

..... one of the grounds for detention is that the detenue is involved in fir 28/97 under section 489, 121-a, 122 rpc 10/11 criminal law amendment act, 13 vlap act registered at police station nowhatta and fir no. ..... obviously, there is no return to the rule nisi and the assertions in the petition, which remain uncontroverted in absence of returns, shall have to be treated as admitted. ..... expedition is the rule and the delay defeats the article 22(5).13. ..... on 26-3 1997 detenue was admitted to bail by the chief judicial magistrate, srinagar after report was submitted to the magistrate that he is involved in fir 28/97 under section 489(b), 121, 121(a), 122, 10/1 1,13 vlap act. .....

Neel Kanth Vs. Dewan Chand

Court : Jammu and Kashmir

Reported in : AIR2000J& K47

..... the existence of ' any other substantial cause' as is being pressed under clause ( b ) of the said rule by the opposite counsel as a plea of irrelevance because the alleged business of running 'guest house' has no bearing with the business being run in the shop which is totally a ..... order 41 cpc in whole applies in case of second appeal and under order 41 rule 33 the court has the power to make any order as the case requires. ..... also held in that case that for the production of additional evidence under order 41 rule 27 cpc there must exist sufficient grounds for allowing such an application. ..... nanda has filed the application under the provisions of order 41 rule 27 cpc wherein he has prayed that the appellant may be permitted to adduce additional evidence with regard to the fact that respondent herein is running a guest house in the town of katra near the ..... whether rent deed, dated 29-10-1972 can be acted upon to establish the relationship of landlord and tenant between bodh raj and des raj on one hand and the appellant neel kanth on the other? ..... to nullify this contention it is stated that wasidari rules do not apply to the town of katra as they have been made applicable only in ..... has been taken for the first time in the memo or appeal by stating that he being a 'wasidar' and under- para 35 of the wasidar rules he could not transfer the suit shop. ..... nanda states that under order 41 rule 2, the court has the power to frame any other substantial question of law which has not previously .....

State of Jammu and Kashmir Vs. Ram Kali

Court : Jammu and Kashmir

Reported in : AIR1987J& K71

..... 2nd of september, 1977 both days inclusive are counted at only 5 days meaning thereby that the appellant should have filed the revision or even the appeal within 95 days as provided under section 12 of the limitation act after computing the period of copying days, the appeal which was due to be filed on 17-8-1977 should have been filed at the most by 22-8-1977; whereas the present appeal has been filed on 1-11-1977, ..... once it has been found that the appeal is entertainable by the division bench, the learned single judge loses his jurisdiction to condone the delay on the application under section 5 of the limitation act, thus even if the order is passed condoning the delay in favour of the appellant, the said order ipso facto becomes without jurisdiction and cannot be treated as an order in the eye of law as is rightly ordered ..... all before the division bench, if the appellant places his reliance on a disposed of application under section 5 of the limitation act, there is no application before the division bench to consider the question of condonation. ..... reliance is also placed in the said authority on air 1972 sc 749, air 1964 sc 215 and air 1962 ..... on reviving theapplication under section 5 of the limitation act, the same is dismissed for the want of sufficient ..... in accordance with rule 14 of the jammu and kashmir high court rules, 1975, since the appeal of the valuation of ..... the dismissal of the application under section 5 of the limitation act, the civil first miscellaneous appeal no. .....