Court : Jammu and Kashmir
..... of environment and forests, wildlife division has been recorded to be subject to the existing directive of the hon ble supreme court and provisions of forest (conservative) act, 1980, same position is further supported by the reply as filed by respondent nos. 2,3,5,8 and 10 wherein at para no. 14, it ..... eia notification dated 24th september, 2006 subject to strict compliance of 21 specific conditions and 25 general conditions incorporated therein which include clearance under the wildlife (protection) act, 1972 from the national board for wildlife. specific condition no. ii reads as under: ii. environmental clearance is subject to final order of the hon ble ..... no. 9-chairman shri mata vaishno devi shrine board to prevent him from alienating the land in violation to the provisions of shri mata vaishno devi shrine board act 1988.3. national mineral development corporation (nmdc) limited- respondent no. 7 in wppil no. 03/2012, a central public sector enterprises, established in the year .....
Tag this Judgment!Court : Jammu and Kashmir
..... of environment and forests, wildlife division has been recorded to be subject to the existing directive of the hon ble supreme court and provisions of forest (conservative) act, 1980, same position is further supported by the reply as filed by respondent nos. 2,3,5,8 and 10 wherein at para no. 14, it ..... eia notification dated 24th september, 2006 subject to strict compliance of 21 specific conditions and 25 general conditions incorporated therein which include clearance under the wildlife (protection) act, 1972 from the national board for wildlife. specific condition no. ii reads as under: ii. environmental clearance is subject to final order of the hon ble ..... no. 9-chairman shri mata vaishno devi shrine board to prevent him from alienating the land in violation to the provisions of shri mata vaishno devi shrine board act 1988.3. national mineral development corporation (nmdc) limited- respondent no. 7 in wppil no. 03/2012, a central public sector enterprises, established in the year .....
Tag this Judgment!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
Reported in : 2003(2)JKJ497
..... fall within the definition of workman;(ix) that even in the case of employee who is working with a contractor under the contract labour (regulations and abolition) act, 1970, direction can he given to the principal employer to bring the employee on its rolls; (x) that even in the case of seasonal employee, direction ..... -- the. government may by, notification in the government. gazette and subject to the condition of previous publication, make rules, for carrying out the purposes of this act.60(1)(c). regulations --the remuneration and conditions of service under section 7;66. government's powers to give directions to board. the government may give the board ..... submitted that the board may from time to time and with the previous sanction of the government, make regulations, which are consistent with the provisions of the act. it is submitted that section 60(c) specifically deals with the remuneration and conditions of service as visualised under section 7. reference is also being made to .....
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
Reported in : 2008(3)JKJ294
..... or the 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.25. the trial court has, therefore, erred in holding the appellants guilty under section 498a rpc ..... (the deceased). she further told that mate au banchei debenahin.such a statement appears to have been taken on record with the aid of section 32 of the indian evidence act at a time when the appellant was being tried for the offence under section 304-b and such statement was admissible under clause (1) of the said section as it ..... in expw-dd/1 that she had been maltreated and troubled by the appellants for not bringing enough dowry would be inadmissible in evidence, as section 32 of the evidence act would not make such statement admissible as it did not relate to the cause of her death. i am supported in taking this view by gananath pattnaik v. state .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2007(3)JKJ106
..... activities are highly prejudicial to the maintenance of the security of the state. under such compelling circumstances, it has become imperative to detain you under public safety act, 1978 for which orders are being issued separately.5. perusal of the record would show that the grounds of detention is a verbatim copy of the dossier ..... which are highlighted in the grounds of detention were prejudicial to the security of the state as such the detenue was detained under the provisions of public safety act. respondents have further stated that the grounds of detention are precise, proximate, pertinent and relevant and that there is no vagueness or staleness as indicated by the ..... exemplary conduct for other politicians he has not conducted himself in any manner unbecoming of a responsible and law abiding citizen nor has he indulged in any act or omission made penal by the laws of the land for the time being inforce. the petitioner further alleges that the said detenue has been detained under .....
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
..... 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 .....
Tag this Judgment!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 .....
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