Judgment Search Results Home > Cases Phrase: perfect tender rule Sorted by: old Court: jammu and kashmir Page 1 of about 42 results (0.036 seconds)

Shivalik Foods Vs. Union of India (Uoi) and ors.

Court : Jammu and Kashmir

Reported in : 2003(3)JKJ264

..... having clearly borne out from the reply of respondents-1 to 3 that memorandum of understanding for hiring of freezing facility submitted by respondent-4 at the stage of collection of tender as per requirements of the respondents to fulfil the eligibility conditions, and the failure of the petitioner to show any substantial prejudice caused to him because of the course adopted by respondents-1 to 3 in the tender process, the inevitable conclusion reached is that no prima facie case for admission of the writ petition is made out. ..... of fowl frozen for ladakh sector for the period from 1.4.2003 to 31.3.2006, on the ground that respondent-4, who has also tendered for the job, should not be allotted the contract being ineligible, as he does not possess freezing facilities at chandigarh, owned by him or can be hired, nor memorandum of understanding produced at the time of collection of tenders; whereas the tender submitted by the petitioner is complete in all respects and the same was entertained by the respondents.3. ..... it may perhaps be said to cause prejudice also to a party which can show that it had refrained from applying for the tender documents only because it thought it would not be able to produce the documents by the time stipulated but would have applied had it known that the rule was likely to the relaxed. .....

State of J and K Vs. Farooq Ahmad Ahanger

Court : Jammu and Kashmir

Reported in : 2003(3)JKJ140

..... as such these two witnesses in the strict sense of the term could not be treated to be the prosecution witnesses' so as to entitle the prosecution to tender their evidence in its own right under section 251(9) cr. p.c. .....

Sham Dass Vs. Vidya Devi

Court : Jammu and Kashmir

Reported in : 2006(1)JKJ143

..... light of the evidence led for and against the proof of issues framed by the trial court, came to the following conclusions on the basis of which the appeal of the appellant has been allowed:i/ that a valid tender was made by the defendant chet ram;ii/ that mere mention of the fact that litigation regarding ownership is pending would not amount to denial of title. ..... validly deposit the rent in terms of section 11(1) proviso (i) of rent control act, the finding of the first appellate court stating that the rent was not validly deposited was legal in view of the provisions of order 6, rule 2 c.p.c.?by order dated 16.09.1998, passed in cmp no: 101/98, the following more substantial questions of law were framed:4. ..... having not done so, the tenant was left with no option but to tender the same in terms of section 14 of the act.iii/ that the need shown by the respondent to rebuild the property is not bonafide as the area after rebuilding is to decrease and the plea taken that further construction ..... the tender made thereafter should have been accepted. .....

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 .....

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 .....

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. .....

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 .....

Mst. Sundri and ors. Vs. Dy. Custodian, Evacuee Property and ors.

Court : Jammu and Kashmir

..... 'form and the manner in which, and the time within which, appeals and applications for revision may be preferred under section 30 and the fee leviable in respect thereof,' so viewed, sub-rule (9) is beyond the scope of clause (o) of subsection (2) of section 39. but this solution does not touch even the fringe of the problem in the present ..... in this view, my reply to the first question set out in the beginning of the judgment of my learned brother shall be in the affirmative,6. this brings me to the next question which is, whether the provisions of sub-rule (9) of rule 27 of the rules made under the act are beyond the rule-making power of the government as authorised by section 39 (2) (o) of the ..... section (1). in that view of the matter it would be manifest that the enacting of clause (9) of rule 27 (supra) was within the competence of the rule-making authority for the hearing of appeals and revisions which undoubtedly would be to carry out the purpose of the act, there is, yet ..... so. for the petitioners it has been contended that the rule is ultra vires the provisions of the act, accordingly the question that arises for consideration is whether sub-rule (9) of rule 27 is ultra vires the act in so far as it provides for the power of ..... no party has a right to tender additional evidence in appeal or before a revising authority; it is for the revising authority to decide whether having regard to all the circumstances and in the interest of justice, additional evidence tendered by a .....

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 .....

Balwinder Singh and ors. Vs. University of Jammu and ors.

Court : Jammu and Kashmir

Reported in : AIR1983J& K19

..... such cases must, no doubt, be fair and students against whom charges are framed must be given adequate opportunities to defend themselves, and in holding such enquiries, the tribunals must scrupulously follow rules of natural justice; but it would, we think, not be reasonable to import into these enquiries all considerations which govern criminal trials in ordinary courts of law. ..... that enquiries into misconduct or use of unfair means held by educational bodies like universities are quasi-judicial in nature to which rules of natural justice are attracted, and that such bodies can prescribe their own procedure for holding the enquiries, so long as the principles of natural justice are followed and adequate opportunity ..... but, if on the other hand, a statutory provision either specifically or by necessary implication excludes the application of any or all the rules or principles of natural justice the court cannot ignore the mandate of the legislature or the statutory authority and read into the concerned provision ..... light of the law laid down in the aforesaid decisions dealing with the applicability of rules of natural justice to such enquiries, the following conclusions can be easily drawn 31. ..... given full opportunity of tendering their written explanation and ..... to make a report of it to the controller of examinations without delay and on the day of occurrence itself, containing full details of evidence and explanation of the concerned examinee in case the latter is willing to tender it. .....