Judgment Search Results Home > Cases Phrase: sashastra seema bal act 2007 section 26 unbecoming conduct Court: jammu and kashmir Page 2 of about 116 results (0.133 seconds)

Union of India and ors Vs. Sarla Koul

Court : Jammu and Kashmir

..... proceedings stand vitiated if they are actuated by fraud. fraud is thus an extrinsic collateral act which vitiates all judicial acts, whether in rem or in personam. 14. in the present case the writ petitioner- respondent produced a fabricated document in order to secure the appointment by ..... in collateral proceedings. 13. in k.d.sharma s case (supra) the court summed up the definition of expression fraud as under:- the court defined fraud as an act of deliberate deception with the design of securing something by taking unfair advantage of another. in fraud one gains at the loss and cost of another. even the most solemn ..... case of s. p. chengalvaraya naidu v. jagannath & ors (1994) 1 scc 1.hon ble the supreme court quoted edward coke of england who held that fraud avoids all judicial acts, ecclesiastical or temporal . the view has been followed in case of a.v. papayya sastry and 14 ors v. govt. of a.p and ors, (2007) 4 scc .....

Ravinder Kour and anr. Vs. Uoi and ors

Court : Jammu and Kashmir

..... on the strength of a succession certificate obtained by respondent no.4 from civil judge, junior division batala (exercising powers of district judge under indian succession act), all service benefits except death cum 5 retirement gratuity of deceased were paid to respondent no.4 which implies that the succession certificate was obtained by ..... to submit succession certificate and she submitted the succession certificate issued by sub judge, junior division batala exercising powers of district judge gurdaspur under indian succession act. 4 accordingly payment of all pensionary benefits of deceased balbir singh was made to respondent no.4 except dcrg as nomination form for payment of dcrg ..... consumed lives of three crpf jawans including balbir singh while some others sustained injuries. case for offence under section 302/307 rpc and 7/27 arms act came to be registered in this regard. body of deceased was brought to his home village for cremation and the same was consigned to flames at .....

Rakesh Manhas Vs. Aruna Manhas

Court : Jammu and Kashmir

..... a protection officer or service provider, which, however, would be available only in a case where information to the protection officer or a service provider about an act of domestic violence had been given by the aggrieved person himself or by any person . i, therefore, find no substance in petitioners contention that calling and ..... officer or a counselor or service provider. consideration of protection officer s report therefore, cannot be taken as mandatory requirement under section 12(1) of the act. learned counsel relied upon milan kumar singh v state of u. p, 2007 cr.lj4742 learned counsel also submitted that the application clearly makes out a ..... to have recorded preliminary statement of the respondent and has issued notice to the petitioners. besides, the learned magistrate in exercise of power under section 23 of the act has granted interim relief by issuing a direction to petitioner no. 1 (husband) to provide accommodation to the respondent (wife) with him at jalandhar and a .....

Varinder Gupta Vs. State of Jandk; and ors

Court : Jammu and Kashmir

..... evident that you are notorious criminal, 11 history sheeter are kept under strict surveillance. despite all this, you did not stop your illegal activities and committed reckless acts of crime and you have close association with the other criminals whose remaining at large will be prejudicial to the maintenance of public order. it is also evident ..... affect the public order, it had become necessary for the competent authority to order for his detention in accordance with the mandate contained in section 8 of the act of 1978. learned counsel, accordingly, prayed for dismissal of the writ petition.6. right to life and personal liberty is guaranteed fundamental right under article 21 ..... of this case, it had become necessary for the competent authority to order for detention of the petitioner in terms of j&k public safety act, 1978 (for short act of 1978). learned counsel submitted that an extra-ordinary strong case has to be made out by the petitioner for seeking annulment of the detention .....

Mohinder Pal Vs. State of Jandk; and ors.

Court : Jammu and Kashmir

..... any permission has been granted for erection of the building, he is required to comply with the mandate of section-7 of the control of building operations act, 1988 by issuing a notice in writing to show cause against the action proposed to be taken in regard to removal of the contravention of the sanction ..... being empowered under municipal corporation act, 2000 has the power to cancel the permission accorded under misrepresentation. it is further submitted that the statutory authority granting permission is 3 empowered to revoke the ..... , building permission was withdrawn in terms of the impugned order dated 27.09.2012.3. respondents have defended the impugned order passed under control of building operations act, 1988 on various grounds including the plea that the violation of sanction plan came to light after grant of permission. it is submitted that respondent no.2 .....

Nivedata Vs. State and anr.

Court : Jammu and Kashmir

Reported in : 2008(1)JKJ15

..... is just washed away; the state would still get an opportunity to cross-examine her in case she does not support the case of the prosecution; the court can even act upon the statement of a hostile witness and, therefore, all the situations are still open before the court and it cannot be just said that once the petitioner is re .....

National Insurance Co. Vs. Muna Ram and ors.

Court : Jammu and Kashmir

Reported in : 2010ACJ162,2008(2)JKJ612

..... we are not oblivious of the distinction between the statutory liability of the insurance company vis-'-vis a third party in the context of sections 147 and 149 of the act and its liabilities in other cases. but the same liabilities arising under a contract of insurance would have to be met if the contract is valid. if the contract of ..... compensation; and (ii) liability. it is beaten law of the land that insurer cannot challenge the quantum of compensation in view of the mandate of section 149 of motor vehicles act. however, it can defend the claim petition on other grounds provided permission is sought and granted in terms of mandate of section 170 of the motor vehicles ..... act, but no such permission was sought. thus, it cannot challenge the quantum of compensation.9. in order to avoid liability, insurer has to prove and plead that the cheque .....

Gopal Dass Vs. State of J and K

Court : Jammu and Kashmir

Reported in : 2008CriLJ2651,2008(2)JKJ153

..... circumstances leading to such death. if a statement which otherwise is covered by the hearsay rule does not fall within the exceptions of section 32 of the evidence act, the same cannot be relied upon for finding the guilt of the accused.22. the evidence of the aforementioned witnesses, being inadmissible in evidence, has thus ..... of the code of criminal procedure. this omission would, therefore, partake the character of a major contradiction. resultantly, presumption under section 114-c of the evidence act cannot be drawn against the appellant to presume that because the death had taken place within seven years of the marriage, so the appellant had to be presumed ..... saying that the findings are not supported by reliable evidence and are even otherwise bad in law based on wrong interpretation of section 114-c of the evidence act.6. learned state counsel, on the other hand, supports the judgment and order of learned sessions judge urging that there was sufficient evidence against the appellant .....

Bhomesh Sharma Vs. State of J and K and ors.

Court : Jammu and Kashmir

Reported in : 2007(1)JKJ84

..... to the directions of learned special judge anti corruption, the vigilance organization registered fir no. 4/2006 for commission of the offences under section 5(2) of prevention of corruption act read with section 120(b) rpc and started investigation of the case.6. it may be pointed out here that as per the information provided through application to the learned ..... may bring it to the kind notice of hon'ble court that case fir no. 20/2005 under section 5(1) e read with section 5(2) p. c. act svt. 2006 was registered with p/s vigilance organization, jammu on december 06, 2005. the searches including that of the house of accused bhumesh sharma and others were conducted on ..... of the accused bhumesh sharma and others on 07/08-12-2005 in case fir no. 20/2005 under section 5(1) (e) read with section 5(2) p. c. act svt. 2006 registered with police station vigilance organization, jammu were missing.on my arrival at jammu, i called insp. nissar hussain shah no. 49/svo (investigating officer) to my .....

Nagarmal Vs. the State and ors.

Court : Jammu and Kashmir

Reported in : 1989CriLJ1584

..... j.1. petitioner has been detained under the orders of district magistrate, jammu dt. june 30, 1986 under section 8 of the j & k public safety act, 1978 (for short act hereafter). the grounds on which detention has been ordered have been enumerated in the grounds of detention as under:on 20-2-1985 you motivated one buta s/o ..... and on this ground the order of detention requires to be quashed learned additional advocate-general has, however, contended that the government is fully authorised under the act to order continued detention of a detenu for a period of 24 months and considering the activities of the petitioner prejudicial to the security of the state his ..... consideration confirmed the continued detention of the detenu for a period of 24 months.4. admittedly the district magistrate while passing the order under section 8 of the act had detained the petitioner for a period of 12 months. the government while confirming that order has raised the period from 12 months to 24 months. no reason .....