Judgment Search Results Home > Cases Phrase: sashastra seema bal act 2007 section 6 enrolment Court: jammu and kashmir Page 37 of about 378 results (0.090 seconds)

Oriental Insurance Company Vs. Mamta Devi and ors.

Court : Jammu and Kashmir

Reported in : 2009ACJ81,AIR2008J& K49,2008(2)JKJ204

..... oriental insurance company limited v. allahdin and ors. over-loading of a motor vehicle does not attract the breach contemplated by section 149(2) of the motor vehicles act.plea raised by mr. chouhan that the vehicle was over-loaded and the insurer was not liable to compensate the claimants by indemnifying the owner is thus rejected.10. ..... the liability could be avoided by an insurer only if it could bring its case in any of the conditions prescribed under section 149(2) of the motor vehicles act, 1988. the insurance company cannot avoid its liability to pay compensation arising out of the use of motor vehicle for any other violation. this view finds support from ..... the overloaded passengers constitute the passengers covered by the insurance policy as permitted to be carried by the permit itself. as this court has indicated, the purpose of the act is to bring benefit to the third parties who are either injured or dead in an accident. it serves a social purpose. keeping that in mind, we think .....

Showkat Ahmed Lone Vs. State and ors.

Court : Jammu and Kashmir

Reported in : 2008CriLJ3649,2008(2)JKJ464

..... bail had been granted, nor there was likelihood of grant of bail as the offences under section 121, r.p.c. and 8/20 n. d.p.s. act carries capital punishment, so the likelihood of obtaining bail at the stage of passing of detention order was unimaginable.4. the object of passing the order of detention is to ..... whereunder detenue has been detained under the provisions of j.&k.; public safety act, 1978. dissatisfied with the order of detention, father of the detenue has filed this petition seeking quashment of the same.3. appearing counsel for petitioner firstly projected that ..... a criminal case registered against him under fir no. 93/2007 in po lice station, bandipora, for commission of offences punishable under section 19-ul act, 121 rpc, 8/20 ndps act and 7/25 arms act. while in custody detention order impugned bearing no. det/psa/07/439/2007 dated 3-8-2007 has been passed by district magistrate, baramulla .....

Col. Yatish Chandra Mishra Vs. Union of India (Uoi) and ors.

Court : Jammu and Kashmir

..... accused is called upon to establish (vide rex v. carr brian, 19431 k.b. 607(0)), or in the case of a detenu under the preventive detention act seeking to make out a case of want of bona fides in the detaining authority, the burden of proof is held not be one which requires proof to the ..... action succeeds only rarely, for the judicial attitude is generally to sustain the administrative action against attacks of discrimination. the courts start with a presumption that the administration has not acted in a discriminatory manner. further, the onus to prove that there has been discrimination on the part of administration is on the complainant. if, however, in a case ..... each officer is considered three times after which he is permanently passed over. the officers who are not selected have the option of making non statutory complaint under army act section 27 and para 364 of dsr, referred to above. the final authorities to dispose of the complaints are the chief of army staff, chief of naval staff .....

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 .....

Jet Airways (India) Limited Vs. Hi-tech Computers

Court : Jammu and Kashmir

Reported in : 2008(3)JKJ40

..... under:by now it is a well established principle of law that the high court exercising power of judicial review under article 226 of the constitution does not act as an appellate authority. its jurisdiction is circumscribed and confined to correct errors of law or procedural error, if any, resulting in manifest miscarriage or justice or ..... commission has appreciated this aspect when the items for a specific purpose were not delivered in time automatically, those have become useless for the respondent no. 1. 'the act' is a benevolent piece of legislation. its sole object is to protect the interests of the consumers when the items (consignment) could not reach in time, its ..... beneficiary of the services hired by m/s rajman company, so he falls within the definition of the consumer as defined under section 2(d) of ' the act'.16. cumulative effect of the aforesaid discussion leads to inescapable conclusion that the award passed by the learned 'state commission' is well with the confines of law and .....

Mohammad Ayub Bhat Vs. State and ors.

Court : Jammu and Kashmir

Reported in : 2009CriLJ2137,2008(3)JKJ391

..... declaration. it was not necessary for the petitioner to have made such a declaration as he could otherwise had been appointed as a trainee engineer. it is important that the act of the accused will have to connect to the benefit which he has procured by making this false declaration. there is no benefit which has accrued to the petitioner both ..... 22.2.1997.6. the order reveals that the remuneration of rs. 2500/- are required to be paid to the petitioner w.e.f. 1.12.1998. it is this act of the petitioner which is sought to be investigated and on the basis of which the charge sheet is required to be filed by the police.7. the question before .....

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 .....

Mohd. Baksh Vs. State and Others

Court : Jammu and Kashmir

..... solitary eyewitness, being found capable of inspiring confidence implicates the accused as the author of crime of murder of the deceased. admittedly pw farid ahmed did not witness the act of deceased being assaulted with an axe. he never came up with the version that he had seen the accused causing fatal blow to deceased with an axe. he ..... specifies that an axe used as a weapon of offence was left beside the dead-body of deceased. fard-i-inkshaf is hit by section 24 of the evidence act and this mode of proof cannot be permitted to establish culpability of accused. it appears that during the course of trial, this mode of proof has been abandoned ..... and extra-judicial confession of accused. in so far as extra-judicial confession is concerned, the same does not fall within the purview of section 27 of the evidence act and has rightly been discarded from consideration. on its plain reading, the fard-iinkshaf is a confessional statement which does not lay information leading to discovery of a fact .....

Balbir Singh Vs. State and anr.

Court : Jammu and Kashmir

..... would be murder punishable under section 302 rpc, as explained in illustration (d) appearing under section 300 of the rpc.28. appellant's counsel's submission that appellant's act would amount to culpable homicide not amounting to murder, is, in view of the above discussion, held unsustainable, and is, accordingly, rejected. the judgment cited by the ..... amounting to murder is a question of fact.26. perusal of the provisions of the rpc, extracted hereinabove, leave no manner of doubt that the appellant's act of firing six shots from his loaded slr on his platoon commander and constable p.a.naidu, injuring their vitals including cranium, as a result whereof the brain ..... been brought forth though the child may not have breathed or been completely born.300. murderexcept in the cases hereinafter excepted, culpable homicide is murder, if the act by which the death is caused is done with the intention of causing death, or--- secondly-if it is done with the intention of causing such bodily injury .....

B-2 Computers Vs. State and ors.

Court : Jammu and Kashmir

..... shall not deter the constitutional court to pass appropriate orders and issue appropriate directions, as otherwise, it would tent-amount to placing premium on the un-constitutional acts of the respondents 7 to 14.25. this writ petition is accordingly disposed of with the following directions:a) the respondent no. 3, will identify ..... sic auction), and there is total transparency. in our opinion this is an essential requirement in a democracy, where the people are supreme, and all official acts must be actuated by the public interest, and should inspire public confidence.15. in our constitutional scheme protections have been afforded against arbitrary exercise of power, ..... make any discrimination when the parties are similarly situated. [see mahabir auto stores and ors. v. indian oil corporation and ors. : [1990]1scr818 moreover, the act on the part of the respondent must be a reasonable one. [see bharat petroleum corporation ltd. v. maddula ratnavalli and ors. : (2007)6scc81 ]para 44.this .....