Judgment Search Results Home > Cases Phrase: perfect tender rule Court: jammu and kashmir Page 4 of about 42 results (0.037 seconds)

Lt. Col. S.K.Singh Vs. Union of India and ors

Court : Jammu and Kashmir

..... (c) applicability of the army act section 122 to the charge/charge sheet or the offence per se (2) the court decides that the plea of the defence to raise preliminary objections in respect of plea in bar under army rule 53 read with army act section 122 is disallowed as the subject matter contained in the charge no.1 and 3 of the charge sheet b-2 are same as the facts endorsed in the directions of the general officer commanding-in-chief, western ..... ) delhi, and being concerned with the procurement process of kirloskar 100 kilo volt ampere generator sets with accessories as additionalities stores for united nations missions contingents units, failed to ensure maintenance of records of dispatch of tender enquiries and receipts and the same were transacted with the vendors by hand, contrary to para 9.16 of defence procurement manual 2006. ..... procurement process of additionalities stores for united nations mission contingent units, improperly omitted to mention the last purchase price of power cable 95 square millimeter 3 core (havels/finolex) in the spot allocation chart with respect to tender enquiry number pc/15318/5/1 gr (1rot) un/te- 75/adg os ts dated 15 january 2008, for items decided in price negotiation committee cum tender purchase committee held on 28 february 2008, in connection with procurement of trade items for 5/1 gorkha rifles (first rotation). .....

Smt. Sushila Wanti Vs. Assessing Authority Urban Immovable Property Ta ...

Court : Jammu and Kashmir

Reported in : AIR1980J& K60

..... on the first day of april or the first day of october, as the case may be, next following the date on which it is finally approved by the assessing authority and shall, subject to the provisions of this act and the rules made thereunder (including the provisions with respect to the alteration of and the making. ..... - (1) a valuation list shall be made by the prescribed authority in accordance with the rules framed under this act for every rating area so as to come into force either on the first day of april or the first day of october, and thereafter new valuation lists shall be made from time to time so ..... -- subject to such rules, if any, as the government may think fit to make in this behalf, the assessing authority may at any time make such amendments in a valuation list as appear to it necessary in order to bring the list into accord with the .....

Majid Ahmad Khan Vs. Satpal and ors.

Court : Jammu and Kashmir

..... in his said order dated february 18, 2002 held that grant of lease of the said land in favour of appellant and extension thereof were inappropriate and contrary to rules but, despite that, did not interfere with such grant and extension and, on the contrary, by the said order altered the terms of the extended lease.5. ..... it provides further that, if the land is left fallow or uncultivated without sufficient cause for more than six months from the date the said rules came into force or the date of delivery of possession, it shall be lawful for the revenue authority to let out the same to such landless tiller as he deems fit and on ..... by the administrative instructions contained in government order dated september 9, 1971, it appears, the lacunae in the rules, as regards cancellation of allotment or re-allotment of land to displaced persons for cultivation for their failure to cultivate the same after expiry of the period mentioned in rules 5 and 6 of allotment of land to displaced persons rules, was supplied when it was provided that it would be permissible to cancel allotment of land or re-allotment ..... in case no satisfactory explanation is tendered, or in case the allottee or the person in occupation fails to tender any explanation, the allotment may be ..... section 3 of the said act provides that provisions of the act and the rules and orders made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in .....

Chandoo Ram and ors. Vs. District Magistrate and ors.

Court : Jammu and Kashmir

Reported in : 1974CriLJ1505

..... naturally a very important question here arises for consideration as to in what case such a power should be exercised and i think it is not possible nor will be it advisable to predicate or lay down any rule with rigidity because the discretion of the high court will have to be exercised in each individual case in light of the facts and circumstances of each case. ..... 1 referred to the full bench must be answered in the affirmative of course subject to the condition that the powers has to be exercised sparingly and that it should not be exercised so long as the exercise of such a power is not tendered indispensable for a correct and satisfactory decision on a petition for a writ of habeas corpus.31. ..... it is now well settled that is a proceeding under article 226 of the constitution the normal rule is to decide disputed questions on the basis of affidavits and that it is within the discretion of the high court whether to allow a person who has s worn an affidavit before it to be cross examined or not to permit. ..... all procedure is always open to a court which is not expressly prohibited and no rule of the court has laid down that evidence shall not be received if the court requires it. ..... (as his lordship then was) in air 1964 80 1h25, no rule of the court which lays down that evidence shall not be taken. ..... under section 491 (2) of the code of criminal procedure the high court may from time to time frame rules to regulate the procedure in cases under this section. .....

Pran Nath Gupta Vs. Union of India (Uoi) and ors.

Court : Jammu and Kashmir

Reported in : AIR2004J& K135,2006(2)CTLJ97(J& K)

..... is true that the words' any claim for the payment of a sum of money' occurring in the opening part of clause 18 are words of great amplitude, wide enough to cover even a claim for damages, but it is a well settled rule of interpretation applicable alike to instruments as to statutes that the meaning of ordinary words is to be found not so much in strict etymological propriety of language nor even in popular use as in the subject or occasion on which they are used and the ..... the indian legislature has sought to cut across the web of rules and presumptions under the english common law, by enacting a uniform principle applicable to all stipulations naming amounts to be paid in case of breach, and stipulations by way of penalty, and according to this principle, even if there is a stipulation by way ..... to be appointed by the authority mentioned in the tender documents.'7. mr. ..... apex court as a matter of fact over ruled its earlier judgment. ..... golden rule is that when the words of a statute are clear, plain and unambiguous, that is, they are reasonably suscentible to only one meaning, the courts are bound to give effect to that meaning irrespective of the consequences, duty of a judge is to expound and not to legislate, is a fundamental rule. ..... failure to consider and give due weight to it may render the decision arbitrary, and this is how the requirement of due consideration of a legitimate expectation forms part of the principle of non-arbitrariness, a necessary concomitant of the rule of law. .....

Mohammad AmIn Dar Vs. State of J and K and ors.

Court : Jammu and Kashmir

Reported in : (2000)ILLJ792J& K

..... absented himself unauthorisedly from duty, the respondents have putforth the plea that as the petitioner had been declared an absconder, so under sub-rule (2) of rule 33 of the civil service (classification, control and appeal) rules, 1956 (hereinafter the rules) the respondent, director, sainik welfare, was justified to pass the impugned order discharging the petitioner. ..... up it has to be restated thatenquiry as envisaged under section 126(2) ofthe state constitution and by rules 33 and 34of the rules was necessary before the majorpenalty of discharge from service could beimposed on the petitioner. 21. ..... the case having thus come out from sub-rule (2) of rule 33, the director was obliged by sub-rule (1) of the said rule to hold or direct the holding of the enquiry as to the cause or causes of the petitioner's absence from duty ..... it is in the abovesaid backdrop rightly contended that resort to sub-rule (2) of rule 33 of the rules cannot be justified as the petitioner had neither absconded nor had he kept his whereabouts back from ..... and his whereabouts being not known, the respondent-director had no alternative but to act under sub-rule (2) of rule 33 of the rules and discharge the petitioner from service. 10. ..... action taken under sub-rule (2) of rule 33 of the rules to justify the order is not ..... the petitioner's wife continued to tender applications after applications to respondent ..... it is after consideration of these factors that the rule of practice (supra) can be allowed to take the .....

Pran Nath Gupta Vs. Union of India (Uoi)

Court : Jammu and Kashmir

Reported in : 2007(2)JKJ524

..... suspending the business dealings with the petitioners for a period of three years viz upto 28.07.2005 to have out-lived its life, and to renew the enlistment of the petitioners and reclassify them in the revised tendering limits;(b) not to suspend their business dealings with the petitioners but to continue to issue the ..... it was contended on behalf of the state government that there was no requirement in the rule of giving any prior notice before blacklisting any person. ..... order/communication impugned in the present petition are in gross-violation of the rules of natural justice as laid down by the apex court.16. ..... but it is an implied principle of the rule of law that any order having civil consequence should be passed only after following the principles of natural justice. ..... the respondents have resisted these petitions and have stated that due compliance was made to the rules and a show cause notice no. ..... only a show cause notice to explain the alleged offence as found established against the petitioners prior to taking a decision has been given which will not amount to sufficient compliance with the rules of natural justice. ..... even if the rules do not express so, it is an elementary principle of natural justice that parties affected by any order should have right of being heard and making 621 representations against the order. .....

Khadim HussaIn Vs. Maqbool Hussain

Court : Jammu and Kashmir

Reported in : AIR2008J& K72,2008(1)JKJ22

..... or a witness agrees to make the special oath or affirmation, referred to in rule7 and 8 above, the court is empowered to administer it or cause it to be administered by a commissioner appointed for the purpose and under rule 10 the evidence given by a party or witness on special oath or affirmation is to be taken as conclusive proof of the matter stated by the party or the witness and the statement so made has to be treated as binding on the person who offered to be bound ..... no sufficient cause is shown by the respondent in this regard, then the court below will administer the oath as provided under rule 9 of the aforesaid rules.parties to appear before the learned trial court on 10th of dec' 07.disposed of accordingly. ..... if any party to any judicial proceeding offers to be bound by any such oath or solemn affirmation as is mentioned in rule, if such oath or affirmation is made by the other party to or by any witness in such proceeding, the court may, if it thinks fit, ask such party or witness or cause him to be asked, whether or not he will make the oath or affirmation ..... rule 7, aforequoted, makes it clear that if any party to or a witness in any judicial proceeding offers to give an evidence on oath or solemn affirmation in any form common amongst or held binding by the persons of the race or persuation to which he belongs and not repugnant to justice or decency and is not affecting any third party, the court may if it thinks fit, tender such oath or affirmation to the said .....

Gurdas Ram and Co. and ors., Etc. Vs. Union of India (Uoi) and ors.

Court : Jammu and Kashmir

Reported in : AIR1988J& K42

..... in 'democracy, equility and freedom' substantial agreement in juristic thought that the great purpose of the rule of law notion is the protection of the individual against arbitrary exercise of power, wherever it is ..... case (1974) 2 scr 348 : (air 1974 sc 555) wherein it had been held that in fact equality and arbitrariness are sworn enemies; one belongs to the rule of law in a republic while the other to the whim, and caprice of a absolute monarch. ..... 1982 they were persuaded by the senior officers to make substantial reduction in the much higher rates tendered for the subsequent period of three years from oct. ..... in fact, equality and arbitrariness are sworn enemies; one belongs to the rule of law in a republic while the other to the whim and caprice of an absolute ..... (1959) 359 us 535 requiring the executive agency to be rigorously held to the standards by which it professes its actions to be judged observed as follows : -- 'it is the rule of administrative law which has been judicially evolved as a check against exercise of arbitrary power by the executive authority -- there is no reason why we should hesitate to adopt this rule as a part of our continually expanding administrative law. ..... ' it is indeed unthinkable that in a democracy governed by the rule of law and executive government or any of the its officers should possess arbitrary power over the interests of the ..... 's case is that sealed tenders were invited by the dy ..... in response to the tender notices the petitioners in writ petition .....

Mrs. Salima Jabeen Vs. National Insurance Company Ltd. and ors.

Court : Jammu and Kashmir

Reported in : AIR1999J& K110

..... the tender by the insurance company and acceptance by the appellant of rs. .....