Court : Jammu and Kashmir
Reported in : 2004(1)JKJ418
..... on the other hand, the petitioners also produced photocopy of a certificate dated 2nd august, 2003 purporting to be from manager training national institute of computer technology. ..... they get married is absolute, notwithstanding the fact that they might be living with the divorced wife.they invited the attention of the court to clause (d) of sub-section (1) of section 4 of the sri pratap jammu and kashmir laws (consolidation) act, 1977 (1920 ad) (hereinafter referred to as 'the consolidation act)', and submitted that by virtue thereof, the personal law has been made applicable in the state to be administered by the civil and criminal courts in jammu and kashmir ..... clause (f) under the explanation in section 7 of the family courts act has reference to such proceedings as may be initiated for grant of maintenance by any person by resort to civil law, including section 20(3) of the hindu adoptions and maintenance act or section 3(1)(b) of the muslim women (protection of rights on divorce) act, 1986, clause (f) does not construe or contemplate that the family court should read section 125 of the code together with any proceeding brought before the court in its civil jurisdiction, nor has .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : AIR2003J& K20
..... (1994) 1 cpr 43 (cal); director, himachal institute of engineering and technology v. ..... it is well settled proposition of law that to support a complaint under consumers protection act for compensation by a person who has suffered at the hands of a medical professional, it must be established that medical negligence was the direct cause of injury or loss suffered by the patient. ..... (calcutta medical research institute v. ..... national insurance co. .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : (2001)168CTR(J& K)367,[2001]114TAXMAN543(NULL)
..... religious community, even if, the trust is held to be partly charitable and partly religious, it would not be entitled to the benefit of exemption under section 11 because no definite part of the property or its income is allocated to charitable purposes and it would be open to the trustees to apply the whole of the income to any of the non ..... we hold that the object is not only promotion of muslim theology amongst the muslim intelligentsia, but also promotion of science and technology among them, the income of the trust would not be exempt under section 11 because law is well-settled that if, there are several objects of the trust, some of which are charitable and some ..... section 11 or section 12 shall operate so as to exclude from the total income of the previous year of the person in receipt thereof(a) any part of the income from the property held under a trust for private religious purposes which does not ensure for the benefit of the public;(h) in this case of a trust for charitable purposes or a charitable institution created or established after the commencement of this act, any income thereof, if the trust or institution ..... connection, the authority of the trust is painfully aware of the fact that, whereas, rapid strides have been made in other spheres of national activity, the muslims of the state and some other sections of the population have lagged behind in this particular branch of learning, and it is his earnest desire that a substantial portion of the .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : AIR2003J& K83,2003(1)JKJ35
..... section 4 of the j&k; land alienation act, 1995, section 20-a of the big landed estate abolition act 2007, section 4 of the land grants act, 1996, section 95 of the j&k; co-operative socities act 1960 and section 17 of the j&k; agrarian reforms act 1976, impose a complete ban ..... the j&k; state to the foreign territories shall be considered state subject and also the descendents of these emigrants born abroad for two generations.provided that, these nationals of the jammu & kashmir state shall not be entitled to claim the internal rights granted to subjects of this state by laws, unless they fullfil the ..... special provision for bills relating to permanent residents - a bill making provision for any of the following matters, namely-a) defining of altering the definition of the classes of persons who are, or shall be permanent residents of the state;b) conferring on permanent residents any special rights or privileges;c) regulating or modifying any special ..... laws have been made applicable clause (d) of sub-section (1) of section 4 of the sri pratap j&k; laws consolidation act 1977, provides that in questions regarding succession, inheritance, special property of females, betrothals, marriage, divorce, dower, adoption, guardianship, minority, bastardy, family relations, wills, legacies, gifts, waqf, partitions, castes or any religious usage or institution the rule of decision is and shall be the mohammedan ..... (l) state council of science and technology asking her to produce the permanent .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2008(1)JKJ161
..... rc 1(s)/2006/scr-iii/cbl/nd under section 67 of the information technology act, 2000 on may 10,2006.39 ..... aforesaid, 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 ..... we expected that after closing investigation the cbi would file report regarding released among surfaced persons before the cjm, srinagar where they had instituted the case against some of the persons involved; but till date nothing has been reported or brought on record to suggest that ..... relating to unaccounted inflow of hawala money in crores to top politicians of the country within and out of govt, which on b ecoming known raised serious questions touching policy, governance and above all national security persuading hon'ble apex court to show indulgence in public interest, whereupon it ordered and monitored the investigations purely in discharge of its constitutional functions/powers ..... scheme of chapter xiv of the code of criminal procedure, 1908 held that the investigation primarily consists in the ascertainment of the facts and circumstances of the case and by definition it includes 'all the proceedings under the code for the collection of evidence conducted by a police officer ..... 26.11. .....
Tag this Judgment!Court : Jammu and Kashmir
..... includes the report of registrar vigilance, there is, 25 therefore, no escape from the conclusion that respondent no.3 does not possess requisite qualification for becoming eligible to promotion to the post of section officer (computer) because neither would she possess state government recognized diploma in computer application nor had she otherwise completed two years service as selection grade data entry operator, as required under ..... therefore, astonishing to note that a person having not successfully completed one year s training course even from an un-recognized institution, has been permitted to continue so long, not only on the promotional post of section officer (computer) but also permitted to work against the post of deputy registrar (computer), a position two steps higher ..... 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 ..... the high court s omission in not taking any definite stand as to whether or not diplomas possessed by respondent ..... 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 ..... however, from industrial training institutes sector, director of technical education conducts six months; one year and two years certificate courses approved by the national council of vocational training (ncvt)/ ..... 2007 .....
Tag this Judgment!Court : Jammu and Kashmir
..... counsel appearing for the appellants submitted that the appellants need not challenge the advertisement notice as the advertisement made contrary to the provisions of section 22 of the jammu and kashmir persons with disabilities (equal opportunities, protection of rights and full participation) act, 1998 is not valid insofar as in reserving the posts for physically handicapped persons to one category and the appellants having established their ..... in terms of the provisions of the jammu and kashmir persons with disabilities (equal opportunities, protection of rights and full participation) act, 1998, and the appellants having produced the disability certificates from the competent authority, which is not disputed, and in light of section 22 of the act which mandates reservation to not less than 3% of the vacancies for persons or class of persons with disability and merely because the ..... acquired the requisite sanction only at the launch of the asian and pacific decade of disabled persons in 1993-2002, which gave a definite boost to the movement. ..... civil engineering from government recognized institute/ indian university degree in civil engineering or amie section ( a&b) india. ..... for the persons with disabilities; (b) at periodical intervals not exceeding three years, review the list of posts identified and up-date the list taking into consideration the development in technology.22. ..... national federation of the blind and others), hon?ble the supreme court considered a similar issue ..... (2007) .....
Tag this Judgment!Court : Jammu and Kashmir
..... counsel appearing for the appellants submitted that the appellants need not challenge the advertisement notice as the advertisement made contrary to the provisions of section 22 of the jammu and kashmir persons with disabilities (equal opportunities, protection of rights and full participation) act, 1998 is not valid insofar as in reserving the posts for physically handicapped persons to one category and the appellants having established their ..... in terms of the provisions of the jammu and kashmir persons with disabilities (equal opportunities, protection of rights and full participation) act, 1998, and the appellants having produced the disability certificates from the competent authority, which is not disputed, and in light of section 22 of the act which mandates reservation to not less than 3% of the vacancies for persons or class of persons with disability and merely because the ..... acquired the requisite sanction only at the launch of the asian and pacific decade of disabled persons in 1993-2002, which gave a definite boost to the movement. ..... civil engineering from government recognized institute/ indian university degree in civil engineering or amie section ( a&b) india. ..... for the persons with disabilities; (b) at periodical intervals not exceeding three years, review the list of posts identified and up-date the list taking into consideration the development in technology.22. ..... national federation of the blind and others), hon?ble the supreme court considered a similar issue ..... (2007) .....
Tag this Judgment!Court : Jammu and Kashmir
..... randhir singh while considering award of compensation for permanent disability (right foot amputated) caused by the accident under section 110-b of the motor vehicles act, 1939 which is similar to section 168 (1) of the motor vehicles act, 1988, this court upheld the award of compensation under the separate head of pain, suffering and loss of enjoyment of life, apart from the head ..... perusal of which reveals that the same have been collected by the petitioner from the various medical institutes, including all india institute of medical sciences, delhi and shows that the petitioner has been treated there and during this process ..... institutes located in the valley of kashmir are well equipped with the latest technology ..... that means from the date of accident, which occurred on 17.11.2007, she would have continued as rehbar-e-taleem on rs.1500/- honorarium per month for ..... somewhere on the national highway within the jurisdiction of police station pattan, the bus, being driven by its driver rashly and negligently, collided with a standing maruti car and turned ..... whether on 17th of november, 2007, the petitioner was traveling in bus no.jke-3788 towards srinagar, being plied by respondent driver rashly and negligently which collided ..... quantum of compensation adjudicated to be payable by the answering respondent was highly exaggerated and that the liability of the answering respondent cannot be fixed beyond the scheduled provided under the motor vehicles act and other provisions thereof. 5. .....
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