Court : Jammu and Kashmir
..... various instances in his affidavit and ultimately prayed to issue a writ of certiorari so as to hold the jammu and kashmir civil services (special provisions) act, 2010, act no. xiv of 2010 as ultra vires to the constitution of india being violative of article 14 and 16 of the constitution of india and to cancel ..... calling upon the authorities to strictly observe the restrictions as contained in section 14 of the jammu and kashmir civil services (special provisions) act, 2010 ( hereafter referred to as the act?).2. the action of the respondents in appointing persons through backdoor is negate the constitutional legal rights of the persons who are residents of ..... others). the said decision was rendered by the hon?ble supreme court of india bearing in mind the employment exchanges (compulsory notification of vacancies) act, 1959, particularly, section 4(1) of the said act. in the said decision, the hon?ble supreme court (three judge bench,) in paragraph 6, held thus:- .it is common knowledge .....
Tag this Judgment!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 .....
Tag this Judgment!Court : Jammu and Kashmir
..... the matrimonial home and started living with her parents. as petitioner s efforts to bring her back failed, petitioner filed petition under section 9 of hindu marriage act seeking relief of restitution of conjugal rights against respondent no.3 which is said to be pending adjudication before learned additional district judge (matrimonial cases) jammu. thus ..... for proceeding against the accused; (f) where there is an express legal bar engrafted in any of the provisions of the code or the concerned act (under which a criminal proceeding is instituted) to the institution and continuance of the proceedings and/or where there is a specific provision in the code or ..... the concerned act, providing efficacious redress for the grievance of the aggrieved party; (g) where a criminal proceeding is manifestly attended with mala fide and/or where the .....
Tag this Judgment!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 .....
Tag this Judgment!Court : Jammu and Kashmir
..... law on the subject, only irresistible conclusion is that respondent at the time of accident was proceeding towards his place of posting to perform his duties, his act i.e. proceeding towards his place of posting is related to military service, making respondents entitled to disability pension under pension regulations.18. we for the reasons ..... to service and expected standards of behaviour and living of the member of the forces appears to be the condition precedent to claim under rule 173. the act of omission on the part of the member of the force must satisfy the test of prudence, reasonableness and expected standards of behaviour.19. we may ..... matters connected, aggravated or attributed to military service and the matters entirely alien to such service. what falls exfacie in the domain of an entirely private act which may even extend to the sphere of undesirable and unlawful activity of such member cannot be treated as legitimate basis for claiming the relief under these provisions .....
Tag this Judgment!Court : Jammu and Kashmir
..... disposed of by virtue of order dated 12.04.2013 setting aside the sealing order dated 28.02.2013 issued under section 8(1) of control of building operations act 1998 (hereinafter referred to as coba ). the tribunal directed the respondent- municipal corporation, jammu (herein referred to as corporation to de-seal the premises. the respondent ..... relief. (i) certiorari seeking quashment of the impugned order bearing no. mj/ceo/407, dated 28th february, 2013 under section 8(1) of control of building operation act, 1988 issued by the respondent no.2 whereby building situated at plot no.15, sector 5-a, trikuta nagar, jammu has been ordered to be sealed. (ii) ..... of sealing order other than the one incorporated therein. admittedly, the impugned sealing order does not allege the contingencies referred to in section 8(1) of coba act. the impugned order dated 28.02.2013 is accordingly held illegal and unauthorized and declared so. the impugned order passed by the tribunal dated 12.4.2013 does .....
Tag this Judgment!Court : Jammu and Kashmir
..... july 2010. he was shown to have not passed in the subjects cs-401 and cs-403. after obtaining answer scripts of these papers from the respondents under rti act, he found that the mathematical questions had not been evaluated properly. petitioner issued a legal notice to respondents for re-evaluation of his answer scripts which was turned ..... by different academic bodies and finally approved by the competent authority. power to amend the university statutes vests in the university council under kashmir and jammu universities act, 1969 (hereinafter referred to as the act ). it is not denied that the relevant statutes have been framed in conformity with the procedure prescribed under section 41 of the ..... act. exclusion of re-evaluation of answer scripts in mca course is based on the opinion of experts prescribing rigorous standards of teaching/learning process in the .....
Tag this Judgment!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 .....
Tag this Judgment!Court : Jammu and Kashmir
..... kirch at his instance is amply corroborated by the evidence of vijay kumar and shesh pal in addition to testimony of informant.39. 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. the provision engrafted in this section 45 is based ..... determination.5. the record of trial court reveals that in terms of order dated 12.08.1992 charges for offences under section 302 rpc and 4/27 of the arms act were framed against the accusedappellant, who pleaded not guilty and claimed to be tried.6. prosecution examined banarsi dass, narender kumar gupta, chaman lal gupta, vijay kumar, rajhan ..... harm as the accused, who used to indulge in eveteasing in the lane adjacent to his home, had threatened to eliminate him when he objected to the indecent acts on the part of the accused. it was found that due to the enmity the accused on finding an opportunity stabbed the deceased with a kirch thereby inflicting injuries .....
Tag this Judgment!Court : Jammu and Kashmir
..... air 200.sc 396.7. as a sequel to the above discussion, the case titled as satvir singh v. bindu bala filed under section 9 of the hindu marriage act, 1955 pending in the court of additional district judge, udhampur is ordered to be transferred to jammu. the learned principal district judge, udhampur, is directed to withdraw the ..... .6. the respondent appears to have sufficient income being working in the indian army. it is true that transfer of petition filed under section 9 of the hindu marriage act, 1955 which, in fact, is a counter blast to the petition filed under section 488 cr.pc would cause some inconvenience to respondent, yet it would be far ..... 1.mrs. bindu bala, wife of the respondent has approached this court with a prayer that the proceedings initiated by her husband under section 9 of the hindu marriage act, 1955 in the court of additional district judge, udhampur may be transferred to a court of competent jurisdiction at jammu.2. it has been pointed out that the marriage .....
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