Judgment Search Results Home > Cases Phrase: patent rolls Court: jammu and kashmir Page 1 of about 345 results (0.087 seconds)

Collector Vs. Virrinder Kumar and ors.

Court : Jammu and Kashmir

..... then was, held the cross-objection not maintainable on two grounds: firstly, that the expression 'decree' had a different connotation than the expression 'judgment' which alone was appealable under the letters patent; and secondly, that right to file cross-objection was an independent right like right to seek review. ..... 1908, are applicable to the jurisdiction exercisable under the letters patent, except that they do not restrict the express letters patent appeal', does not appear to have been noticed by the full bench in 1971 jklr 605 : (1971 tax lr ..... in air 1957 all 48 (supra) cross-objection had been filed in a letters patent appeal directed against a judgment of a single judge disposing of a civil second appeal that had arisen out of a suit, ..... air 1962 all 509 (supra) was again filed in a letters patent appeal which had been directed against a judgment of a single judge deciding an ..... therefore, an authority for the only proposition that cross-objection in a letters patent appeal against a judgment given in a writ petition is not maintainable. ..... the full bench had ruled that cross-objection could not be filed in a letters patent appeal against a judgment of a single judge passed in a writ petition. ..... a party to a second appeal having no right to file a letters patent appeal without seeking leave of the judge, against whose judgment he wants to file the same, on the parity of the reasoning, has no right to file even cross-objection ..... jammu metal rolling mills, 1971 jklr 605 : (1971 tax lr .....

M/s. Samrat Surgicals Pvt. Ltd. Vs. State and Others

Court : Jammu and Kashmir

..... brief facts of the case leading to the filing of the instant appeal are that as per averments in the letters patent appeal, the appellant is a small scale industrial unit (hereinafter referred to as ssi) registered with the directorate of industries and commerce, jandk engaged in manufacture of absorbent cotton wool, absorbent cotton gauze, rolled bandages and bandage cloth. 3. ..... challenge in the instant letters patent appeal is to the judgment dated 19.02.2016 rendered by the hon'ble single judge in owp no.153/2016 whereby the writ petition filed by the appellant seeking a direction to the respondents to consider its technical bid submitted .....

Miss Payal Sawhney Vs. Meenakshi Suri and ors.

Court : Jammu and Kashmir

Reported in : AIR1995J& K36

..... the state and some of the restrained candidates have preferred letters patent appeals in this court and some, we have been told have approached their lordships of the supreme court. ..... in exercise of the power available under clause 26 of the letters patent and section 102 of the jammu and kashmir constitutuion and other provisions enabling in that behalf, the high court of jammu and kashmir has framed rules called the jammu and kashmir high court ..... accordingly the letters patent appeals could have been referred to the present full bench irrespective of the fact whether there did in fact exist conflict of opinion between two division benches or not.36. ..... clause 26 of the letters patent (j&k;) confers power upon the jammu and kashmir high court to make rules in respect of the matters specified in section 67 of the jammu and kashmir constitution, 1996. ..... the letters patent appeals which are also comprised in this bench were to be heard by a division bench comprising two judges. ..... these letters patent appeals are also before us. ..... the present bunch of cases comprises writ petitions and letters patent appeals. .....

Ganesh Dass Vs. Kuldeep Raj

Court : Jammu and Kashmir

Reported in : 2005(1)JKJ555

..... the case hinges upon the question as to how the seemingly conflicting provisions of the constitution act of 1996, the letters patent of this court and those of the civil courts act can be allowed to co-exist in harmony with each other, without negativing the effect of any of these provisions. ..... twenty the institution of the civil suits and original proceedings of the value of rupees twenty thousand and above in the high court enjoined by section 56(2) of the constitution act, 1996, and the clause 10 of the letters patent cannot by any stretch of imagination be taken to rob the district court of its jurisdiction to try and determine them. ..... state, air 1975 j&k; 73, his lordship jaswant singh j(as his lordship then was) expressed the view after noticing the provisions contained in section 56 of the constitution of jammu and kashmir act and clause 10 of letters patent rules as follows:'the above quoted provisions which are identical consist of two parts. ..... 20,000/- and onwards in view of the provision contained in clause 10 of letters patent and section 56(2) of the j&k; constitution act of 1956 which was repealed by the coming into force of constitution of jammu and kashmir on 26.1.1957 which by its section 102 however, saved and left intact section 56(2) of constitution act of ..... to this extent alone the provisions of section 20 of the civil courts act have been modified both by the constitution act and letters patent of this court. .....

Darshan Kumar and ors. Vs. Collector Assistant Commissioner (Revenue), ...

Court : Jammu and Kashmir

Reported in : AIR1997J& K74

..... in view of the foregoing clause 12, extracted above, it abundantly made clear that no letters patent appeal lies as against disposal of the revision petition under section 15 of the code of civil procedure.7. ..... it is needless to say that for the reasons stated above, clause 12 of the letters patent rules prohibits exercise of power to entertain a letters patent appeal. ..... clause 12 of the letters patent rules reads as under:--'and we do further ordain that an appeal shall lie to the said high court of judicature from the judgment (not being a judgment in exercise of appellate jurisdiction in respect of a decree or order made in the exercise of ..... this order was passed on 12-8-1994 and it is against this order that this letters patent appeal is filed.3. .....

Dr. Ashutosh Gupta and Others. Vs. State and Others

Court : Jammu and Kashmir

high court of jammu and kashmir at jammu swp no. 326 of2013dr. ashutosh gupta and others. petitioners state and others respondent !mrs. aruna thakur, advocate ^mrs. neeru goswmi, dy ag hon ble mr. justice bansi lal bhat-judge date:06. 08.2014 :judgment :1. petitioners are senior faculty members in different disciplines in government medical college, (gmc) jammu. through the medium of instant petition they seek quashment of government order no. 43/hme of 2013 dated 17.01.2013 by virtue whereof private practice of heads of the departments (hods) in gmc, associated hospitals and dental colleges of the state has been banned.2. petitioner-1 is professor in the department of radiation oncology. being the senior most faculty member in the aforesaid department, he has been given the charge of hod. petitioner-2 is the senior most professor in department of cardio thoracic surgery and has been given the charge of hod. petitioner-3 is professor in the department of surgery. petitioner -4 is the senior 2 most professor in department of ent and has been given the charge of hod. the case set up by the petitioners for quashment of impugned order is that their services are governed by the jammu and kashmir medical education (gazetted) service recruitment rules, 1979 (hereinafter called the rules), which classifies the posts into three categories viz teaching wing, administrative wing and general wing. the teaching wing includes principals, professors, associate professors, assistant .....

H.S. Rainal Vs. Union of India (Uoi) and ors.

Court : Jammu and Kashmir

Reported in : AIR1995J& K7

..... kashmir read with section 67 of the jammu and kashmir constitution act, 1996, section 122 of the code of civil procedure, section 8 of the jammu and kashmir state civil courts act, and clause 26 of the letters patent (jammu and kashmir) and all other powers enabling it in this behalf, the high court of jammu and kashmir with the previous approval of the governor, made the jammu and kashmir high court rules ..... under clause 26 of the aforesaid letters patent, the high court was also given power to make rules in respect of matters specified in section 67 of the jammu and kashmir constitution act.31. ..... in 1943, maharaja of kashmir granted letters patent to the high court of jammu and kashmir. ..... the preservation of power is also evidenced by letters patent granted by maharaja of kashmir in 1943. ..... clause 12 of the letters patent provided for the appeal against the judgment of a single judge to the division bench.30. ..... this letters patent appeal has arisen out of an order of hon'ble the chief justice dated 11-2-1994, whereby writ petition no. .....

Smt. Kamla Devi Vs. Balbir Singh

Court : Jammu and Kashmir

Reported in : AIR1981J&K70

..... judgment of a single judge exercising powers in appeal from an appellate decree, an appeal under the letters patent only lies if the judge declares that the case is a fit one for appeal, and not otherwise ..... i entirely agree with the law expressed by his lordship that no declaration under clause 12 of the letters patent is needed where an appeal is to be preferred against a judgment passed by a single judge of the high court, in a first appeal from a decree or order and that the judgment in satya jyoti's ..... , air 1963 sc 1279 their lordships while interpreting clause 10 of the letters patent (punjab) which is almost a facsimile of clause 12 of the letters patent (jammu and kashmir), held as under (at page 1286) :-- ".....clause 10 of the letters patent of the lahore high court (which continues to apply to the punjab high court) provides, in so far as it is material :-- "and we do further ordain that an appeal shall lie to the said high court of judicature ***** ..... and say that my reply to the first question would be that clause 12 of the letters patent must be read subject to section 60 of 1996 act and, so read, there is no unqualified right of appeal to the high court from the judgment of a single judge hearing a civil appeal in respect of a decree or ..... of appeal from the judgment of a single judge hearing a civil appeal in respect of a decree or order of a subordinate court, the provisions of letters patent are directly in conflict with the provisions of section 60 of the 1996 act. .....

Sudershana Gupta and ors. Vs. Girdhari Lal

Court : Jammu and Kashmir

..... (1986) supp scc 401.the supreme court held, as follows (paras 1 and 106 of air) ....no appeal under clause 15 of the letters patent lies to the high court against the order of a single judge of the high court exercising jurisdiction under article 227 of the constitution, no less and no more. ..... in order to appreciate the contention of the learned counsel for the parties, the relevant provisions of constitution of india, constitution of j&k, clause 12 of letters patent and relevant paragraphs from some of the judgments cited at the bar are taken note of: article 226 of the constitution of india:226. ..... of the constitution of india, in the final order court gives ancillary directions which pertain to its power conferred on it under article 227, it shall not be held to deprive the party to file an appeal under clause 15 of the letters patent, where the substantial part of the order sought to be appealed against is under article 226 of the constitution of india. ..... in these circumstances we set aside the impugned order of the division bench and direct that the letters patent appeal filed against the judgment of the learned single judge would now be heard and decided on merits. ..... rule 18 of the bombay high court appellate side rules read with clause 15 of the letters patent provides for appeal to the division bench of the high court from a judgment of the learned single judge passed on a writ petition under article 226 of the constitution. .....

Sukesh Chander Khajuria Vs. State and ors.

Court : Jammu and Kashmir

s.c. mathur, c.j.1. a single individual, sukesh chander khajuria, has filed this writ petition seeking ban on private medical practice by doctors in the service of the state government and for creation and assurance of proper, adequate and hygienic medical facilities for the citizens of the state. the petition has been claimed to have been filed in public interest. the petitioner has claimed himself to be a social activist and president or member of several social organisations. a few facts necessary for the disposal of the writ petition may be stated:2. government doctors likely to be affected by the petition fall in two categories: (1) those posted at primary health centres and hospitals; (2) the posted at institutions imparting medical education . doctors belonging to the second category are governed by jammu and kashmir medical education (gazetted) service rules, 1879. said doctors along with other government servants are governed by jammu and kashmir public men and public servants (declaration of assets and other provisions) act, 1983. according to the petitioner, under both these statutory provisions it was not permissible for the doctors in the employment of the state government to indulge in private practice, yet the said doctors indulged in private medical practice which resulted in deterioration of services which they were required to render to the citizens of the state government or public servants. their indulgence in private medical practice was ignored as they .....