Judgment Search Results Home > Cases Phrase: sashastra seema bal act 2007 section 6 enrolment Court: jammu and kashmir Page 38 of about 378 results (0.074 seconds)

Muma Mir and ors. Vs. Ghulam Nabi Sheikh and ors.

Court : Jammu and Kashmir

Reported in : 1981CriLJ170

..... the assistant commissioner (revenue) is concerned, it does not have any bearing on the controversy in the present case. that was an application under section 56 of the tenancy act filed by hassan sheikh in order to stop interference with his possession by hassan mirkh and several others not including mst. shahmali. the assistant commissioner held that in the ..... girdawari are undisputedly in favour of the first party and indicate that hassan sheikh is in actual possession of the disputed land. it is true that the magistrate has acted miserly and chosen to be much too brief, but that does not derogate from the fact that he has applied his mind to the affidavits, compared the rival versions ..... the material portion of the order reads thus:i have gone through the record of the case closely, vide air 1958 punj 47 : 1958 cri lj 215, the mgistrate acting under section 145 cr. p.c. has not to go into the merits or demerits of the right or title but should only pass final orders as to the actual .....

Oriental Insurance Co. Ltd. Vs. Kesri Singh and ors.

Court : Jammu and Kashmir

Reported in : 2008(3)JKJ452

..... supreme court of india in case national insurance company ltd. v. cholleti bharatamma and ors. reported in : air2008sc484 . it was held that section 147 of motor vehicles act, 1988 does not contemplate that a goods carrier was carrying a large number of passengers with a small percentage of goods as the insurance policy considerably covers the death ..... income of the deceased has not been properly assessed by the tribunal in awarding compensation. he has stated that according to 2nd schedule annexed with the motor vehicles act the annual income of the person not earning shall be taken as rs. 15,000/per annum but in the instant cases the tribunal has assessed income much ..... passengers traveling in a good carriage (truck) are not covered by the insurance policy and they are not the third party in terms of section 147 of motor vehicles act as such, the insurance company has no statutory liability to satisfy the claim of such persons.12. in new india insurance co. ltd. v. vedwati reported in ( .....

Mohd. Bashir and ors. Vs. State

Court : Jammu and Kashmir

..... there does not exist any material on the records on the basis whereof it could be said that the petitioners had committed the alleged offence while acting or purporting to act in the discharge of their official duties. learned sessions judge has detailed the material collected by the investigating agency during the currency of the investigation, ..... counsel in respect of sanction under section 197 cr.p.c., the accused persons had come forward with a written plea that they committed the offence while acting or purporting to act in discharge of their duties. thus, these judgments are of no assistance to the accused no. 3. the accused no. 3 has claimed the protection ..... suggest that accused no. 3 has misused his official position. had the accused come forward with an application that he really killed the deceased but while acting and purporting to act in discharge of his duties the situation would have been otherwise. the court is not award that what will be the defence adopted by the accused .....

Oriental Insurance Co. Ltd. Vs. Mohd. Ashraf and ors.

Court : Jammu and Kashmir

Reported in : 2009ACJ302,2008(2)JKJ434

..... judgment in oriental insurance co. ltd. v. allahdin . overloading 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 overloaded and the insurer was not liable to compensate the claimants by indemnifying the owner is thus rejected.11. in ..... 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 .....

Priyanka Overseas Pvt Ltd. Vs. J. and K. Bank Ltd. and ors.

Court : Jammu and Kashmir

Reported in : 2010CriLJ65

..... as under:place of inquiry or trial where scene of offence is uncertain or not in one district only; or where offence is continuing, or consists of several acts.when it is uncertain in which of several local areas an offence was committed, orwhere an offence is committed partly in one local area and partly in another; ..... cognizance of offence and issued process against the petitioners for allegedly and having committed the offence under section 138/142 of the act of 1881.5. the petitioners, thereafter, challenged the proceedings pending on the files of ld. c.j.m. srinagar in two separate petitions before this court on ..... court of delhi. in the said reply the factum of issuance of the notice was admitted. the respondent no. 1 accordingly filed the complaint under section 138 of the act of 1881 in the court of ld. c.j.m. srinagar, which court after applying mind to the allegations contained in the complaint and statement of complainant, took .....

Tsering Angchuk Vs. State J. and K.

Court : Jammu and Kashmir

Reported in : 2010CriLJ799

..... as noticed on the person of the prosecutrix by the lady doctor go to show that the accused had assaulted or used criminal force on her knowingly that by that act he was likely to outrage her modesty. entering into the house of the prosecutrix in the absence of her husband also attributes intention of the accused to commit this mischief ..... by the accused from the back and dragged to the room for tethering the animals. the accused had slapped her and made her to fall and thereafter he did bad act with her. she came out of the room and raised noise, when p.w. sewang dolma reached there and she was informed about the incident by her. lamberdar of the .....

Tramboo Joinery Mill Pvt. Ltd. Vs. Commissioner/Secretary to Govt. and ...

Court : Jammu and Kashmir

..... of the respondents to first violate the provisions of appointing arbitrator within thirty days or before the filing of petition by the petitioner under section 11 of the act and the claim enforcement of stipulation in the arbitration agreement. if allowed to do so, the respondents would be permitted to approbate and reprobate, which is ..... subject matter in the present dispute and also controlling authority of the named arbitrator. apprehending that the cmd, who had been dealing with the entire contract would not act impartially as an arbitrator, the petitioner had issued a notice on 20th may, 2011. in this notice, it was pointed out that while the entire process ..... of the chairman. there are further allegations of deliberate violation of order dated 27.12.2012 passed by the principal district judge under section 9 of the act. there are further allegations of deliberate delay in appointing the arbitrator so as to keep the petitioner-unit non-functional. the officers who have been named to .....

Lt. Col. Puran Singh Rakwal Vs. Union of India (Uoi) and ors.

Court : Jammu and Kashmir

..... based on a gross misreading of the provisions of section 12 of the act. the words 'attaching to a conviction of an offence under such law' refer to two contingencies: (i) that there must be a disqualification resulting from a conviction; ..... 3 or section 4 shall not suffer disqualification, if any, attaching to a conviction of an offence under such law.it was suggested that section 12 of the act completely obliterates the effect of any conviction and wises out the disqualification attached to a conviction of an offence under such law. this argument, in our opinion, is ..... 1996 culminated in conviction for commission of offences punishable under sections 120-b, 420 ipc and 13(2) read with section 13(1)(d) of prevention of corruption act by special judge, central bureau of investigation, jabalpur on 31.12.2007 and sentenced thereon to undergo three years rigorous imprisonment and to pay fine of rs. 2, .....