Judgment Search Results Home > Cases Phrase: perfect tender rule Sorted by: recent Court: jammu and kashmir Page 1 of about 42 results (0.058 seconds)

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 .....

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. .....

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. .....

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. .....

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. .....

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 .....

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). .....

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 .....

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 .....

Bhatia Builders and Contractors and Connected Matter Vs. Union of Indi ...

Court : Jammu and Kashmir

Reported in : 2008(2)JKJ784

..... party, it is by now, a well settled principle of law that grant of opportunity of hearing and making representation against an intended, action resulting in civil consequences, is required to be read in the rules, guidelines and instructions which may be applied by the executive while taking such decision, because it is an elementary principle of natural justice flowing from the maxim audi alteram partem that any one affected by an ..... the other hand, is that slow progress of the petitioner, noticed in the execution of already secured contract would disentitle the petitioner to claim issuance of tender documents, as of right, and that administrative reasons for not issuing tender documents, were neither required to be spelled out in the communications nor any show cause notice was required to be issued to the petitioner or any enquiry ..... contractor may not, strictly speaking, amount to his permanent blacklisting as such, yet it cannot be lost sight of that depriving him of his right to have the tender documents to compete for the two contracts would certainly amount to suspension of his business thereby temporarily ousting him from competition, and in other words, temporarily blacklisting him ..... on the ground that there is a transparent system in military engineer services and all laid-down rules, norms, policy and procedures had been followed before taking decision to withdraw the tender documents which had been earlier issued to the petitioner to compete for the two contracts. .....