Judgment Search Results Home > Cases Phrase: perfect tender rule Court: jammu and kashmir Page 2 of about 42 results (0.052 seconds)

Zainab Abdullah and ors. Vs. State of J. and K. and ors.

Court : Jammu and Kashmir

Reported in : AIR1999J& K103

..... lone, lc for the petitioners, while arguing, submitted that resjudicata is a technical rule and can't debar the petitioners from seeking enforcement of their fundamental rights. ..... reported in air 1961 sc 1457 at 1462, which reads as under :'.......now rule of resjudicata as indicated in section 11 of the code of civil procedure has no doubt some technical aspects, for instance, the rule of constructive resjudicata may be said to be technical, but the basis on which the said rule rests, is founded on considerations of public policy. ..... if these two principles form the foundation of the general rule of res judicata they can't be treated as irrelevant or inadmissible even in dealing with the fundamental rights in the petitions filed under article 32........'8. .....

New India Distillery and anr. Vs. State of J. and K. and ors.

Court : Jammu and Kashmir

Reported in : AIR1997J& K1

..... once you choose to adopt a system of awarding contracts by negotiations, the only permissible rule is to negotiate with each eligible party (read tenderer) and to give every such party a fair and reasonable chance of putting across its offer and thereafter, to award contract at the rate and on the terms best ..... state of kerala, reported in air 1959 sc 490, submitted that it was entirely for the government and it is perfectly open to it, as it is to a private party to choose a person to its liking to fulfil contracts which it wishes to be performed ..... accordingly vide his letter dated 27-11-1995, the excise commissioner, after highlighting the details regarding all the tenderers, the background of the case and the negotiations as also result thereof conveyed to the government that the dpc has decided to allot contract for supply of rectified spirit in favour of ..... the contract of supply of milk was to be given to the lowest bidder under the terms of the tender notice and the applicant being the lowest bidder he should have been granted the contract to supply, especially, when he has been doing so for the ..... clear that such a short term purchase, pending finalisation of the fresh tendering process and the issuance of fresh contract based on such tendering process, shall not exceed a period of two weeks from today. ..... our view, the purity of the system demands that an also after fresh tendering process be initialed so that all the eligible persons are afforded reasonable opportunities of .....

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

Court : Jammu and Kashmir

..... the right of freedom of speech or expression of 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, that the impugned ..... for facility of reference, however, i repeat it here as follows:--'for the purposes of this section political party means-- (i) a political party classified as a recognised political party under any law or any rule, regulation, order or notification having the force of law with respect to matters relating to, or in connection with, election to the legislative assembly or the legislative council of the state:(ii) any other political party which is recognised by the speaker ..... all persons ought to be very tender in preserving to the house all privileges which may be necessary for their exercise, and to place the most implicit confidence in their representatives as to the due exercise of those ..... he is at perfect liberty not to become a member of a cane growers' co-operative society if he chooses not to do so and no power on earth can compel him to become such a member.just as he is not bound to become a member of a cane growers' co-operative society he is equally .....

Chidya Khan and ors. Vs. the State

Court : Jammu and Kashmir

Reported in : 1970CriLJ103

..... therefore the detenus have been deprived of making a representation as no grounds have been communicated to them and therefore it cannot be ruled out that the detention is unnecessary and uncalled for, for they might have satisfied the detaining authority that there was no ground so far as the maintenance of public order was ..... so far as the detention of these persons with a view to preventing them from acting in any manner prejudicial to the security of the state is concerned, the government is perfectly at liberty to withhold the grounds from them in the public interest. ..... furthermore this word has been the subject of so much comment in different rulings of the supreme court pertaining to this very state when the provisions of article 370 of the constitution of india were ..... the board tendered its advice by means of its d. o. ..... ' it is no doubt true that the cardinal rule of interpretation of statutes is that when the language of the statute is clear no attempt should be made to take recourse to external aides, and the law should be applied as it is expressed by the legislature because the legislature is presumed to be rational ..... sworn by no less an official than the home secretary himself.such a state of affairs discloses rather a serious situation portraying absolute chaos and playing with the liberty of the subject and throwing to wind all rules and canons of decency ..... under the rules of business further the orders of the government are to be authenticated by the secretary concerned of the .....

Gulshan Kumar Gupta and ors. Vs. State of Jandk; and ors.

Court : Jammu and Kashmir

..... to their possession were sufficient top convince this court that by allowing the appellants to challenge the impugned notice issued by the 4th respondent-shrine board calling for tenders, the appellants cannot be permitted to challenge indirectly the acquisition proceedings made in the year 1996 which was once unsuccessfully challenged by the appellants. ..... notwithstanding anything contained in the lease deed, if during the currency of the lease, the authority is satisfied that the land granted under these rules is required for any public purpose, the authority shall be competent to acquire possession of such land and buildings erected thereon and appurtenants belongings thereto, after paying ..... notwithstanding anything contained in the lease deed, if during the currency of the lease, the authority is satisfied that the land granted under these rules is required for any public purpose, the authority shall be competent to acquire possession of such land and building erected thereon and appurtenant, belonging thereto, after paying ..... in holding that appellants cannot be permitted once again to challenge the notification of 4th respondent-shrine board was perfectly justified and we are not inclined to interfere with the judgment of the learned single judge. ..... was provided 6 at paragraph 14 thereof that if the authority is satisfied that the land granted under these rules is required for any public purpose, the authority shall be competent to acquire possession of such land and building .....

Mohd. Maqbool and ors Vs. State of Jandk;

Court : Jammu and Kashmir

..... important events, on which he dwelt in his testimony, include rushing of deceased to the spring where he came across his brother mohd iqbal, narrating of all the events of his tiff with accused mohd maqbool, the advice tendered by the witness to mohd iqbal to remove the deceased therefrom and arriving of accused mohd maqbool on the site of occurrence with a gun in his hands and asking for the deceased. ..... recovery of rifles during search of houses of accused sharif din and mohd maqsood conjointly read with finding recorded in post-mortem examination of deceased, mlc of injured mohd iqbal, the report of ballistic expert/serologist tendered in evidence by prosecution eloquently and unerringly establish the complicity of accused in alleged occurrence. ..... of this witness is also of vital importance for he claims to have tendered advice to accused mohd maqbool to refrain from indulging in crime. ..... bohra in fabrication of record relating to mrd-376 and tendering false evidence at the trial to screen the offender is prima-facie made ..... the proof adduced must completely rule out physical presence of accused at the venue of crime when the crime was committed ..... his testimony is in perfect harmony with statement made by investigating ..... drawn by learned sessions judge on appreciation of evidence brought on record during the trial are perfectly justified. ..... is accordingly submitted that the prosecution has proved its case to the hilt and the conviction recorded by the trial court is perfectly justified. .....

Z.S. Traders Vs. Director, Siemens Ltd., New Delhi and anr.

Court : Jammu and Kashmir

Reported in : AIR2000J& K13

..... purchased a defective x-ray machine for diagnostic laboratory and engaged doctors, professional radiologists and pathologists, on ultimate analysis it held and ruled that respondent was commercial clinic and not a consumer defined under the consumer protection act of 1986.31. ..... the problems connected with installation of the equipment on complainants premise were purely teething in nature and the equipment and the unit was perfectly functional by december, 1994. ..... the appellant/complainant tendered a formal notice on 10-3-1995 to respondent no. .....

1. Anil Singh Vs. 1. State of Jandk.;

Court : Jammu and Kashmir

..... however learned public prosecutor, in terms of his statement recorded on 07.02.1994, tendered the report of assistant director fsl jammu dated 30.09.1991 in evidence which is admissible under section 510 of crpc. ..... section 27 of the evidence act is in the nature of an exception to the rule that prohibits admissibility of confessions made before the police. ..... improbability about the presence of the witness on spot is totally ruled out and the arguments in this regard are rejected.19. ..... thus, it corroborates the evidence tendered by witnesses vijay kumar and shesh pal. ..... prompt lodging of fir in the instant case rules out the introduction of a colored version, a concocted story or an exaggerated account which may have crept in if delay had been caused in lodging of fir and the informant could avail of time to go for consultations and deliberation with ..... the findings recorded by the learned trial court are perfectly justified. ..... in terms of the opinion tendered, the shirt, under- shirt, pant of the deceased, kirch used as weapon of offence and sample of clay taken from the site of occurrence were found stained with human blood of a-group. 22 pw-dr. s. d. ..... on consideration of evidence tendered by prosecution at the trial learned trial judge found the accused guilty of offence under section 302 of rpc holding that the prosecution had established the complicity of accused by direct evidence and the disclosure statement .....

Oriental Trading Corpn. and anr. Vs. State of J. and K. and ors.

Court : Jammu and Kashmir

Reported in : AIR1986J& K88

..... if so advised, they may seek appropriate remedy for its realisation.the tender notice contained in annexure 'f' to the writ petition, does not suffer from any illegality,24. ..... the petitioner is also aggrieved against the tender notice which is contained in annexure 'f to the writ petition whereby 2293 kgs. ..... the impugned letter and tender notice are, therefore, said to be violative of petitioners' fundamental rights and are said to be against articles 14, 16, 19 and 31 and 311(2) of the constitution of india and on the aforesaid premises various prayers are sought.5. ..... the impugned letter da 25-11-1985 (annexure e to the writ petition) is perfectly valid. ..... constitution, statute, common law or by rules or orders having the force of law. 20. .....

Mir Ghulam HussaIn Vs. State

Court : Jammu and Kashmir

Reported in : 2005(3)ARBLR628(J& K),2005(3)JKJ9

..... the firm was of the view that the quarter girth formula was not the perfect formula and since there were different formulas in the books for ascertaining the volume of piles, the one which was being adopted in other countries should be used. ..... learned counsel for the state has referred to condition 36(iii) of tender document and submitted that the firm could have made a claim only within fifteen days of taking of final measurement. ..... according to the firm the award is thus perfect, according to law and does not suffer from any infirmity.this court framed the following issue in the case on 24.4.2003:-1. ..... of the concerned department got gutted in a devastating fire.during this period the other copies of the record which were lying in the accountant general office also had been written off in accordance with the rules prelevant in the accountant general office. ..... the award passed by the arbitrator therefore cannot be made rule of the court.order accordingly. ..... according to the state since the firm has approached the court after a period of 14 years from the date the alleged dispute has arisen the award cannot be made rule of the court.20. ..... it is alleged that the arbitrator has mis-conducted himself and also mis-conducted the proceedings therefore the award cannot be made rule of the court. .....