Court : Jammu and Kashmir
Reported in : I(2007)ACC265
..... october, 2005 has held that heavy motor vehicle will include heavy goods vehicles, heavy passenger motor vehicles as defined in sub-sections (16) and (17) of the act. therefore, in view of the above discussion the insured has not violated any of the terms and conditions of the insurance policy, as such the compensation awarded is to ..... motor vehicle. heavy motor vehicle will, include heavy goods vehicle, heavy passenger motor vehicles, as defined under sub-sections (6) and (17) of section 2 of the act which reads as under:(16) 'heavy goods vehicle' means any goods carriage the gross vehicle weight of which, or a tractor or a road-roller the unladen weight of ..... vehicle, a goods carriage, an educational institution bus or a private service vehicle.public service vehicle' has been defined in sub-section (35) of section 2 of the act, which reads as under:'public service vehicle' means any motor vehicle used or adapted to be used for the carriage of passengers for hire or reward, and includes .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2007(1)JKJ502
..... proceedings against eviction of any person in unauthorized occupation of any public premises against whom action under the act was under way. legally speaking the respondent no. 2 at the time of instituting the suit was aggrieved of the eviction proceedings purporting to have been ..... impugned decree; for the simple reason that once it was made known to the court that the subject was being proceeded ahead with under provisions of the act, it should have stopped its hands in terms of the mandate of section 19 thereof which clearly bars jurisdiction of all courts to entertain any suit or ..... state land belonging to different government departments but wrongly encroached upon by respondent no. 2 which necessitated initiation of eviction proceedings by dy. director estates, under the act which were sought to be set at naught by said respondent by instituting the civil suit before the respondent no. 1 who as already said, decreed the same .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2007(1)JKJ295
..... of law and ensure that offender is dealt with properly. in the present case, the bsf authorities exercised the power and jurisdiction under section 80 of the bsf act and secured the accused for trial by a security force court. however, due to some advice because of involvement of personnel of two armed forces, it was deemed ..... in the present case, when a charge sheet (challan) came to be presented before the magistrate, an application was made by bsf authorities' under section 80 of bsf act for handing over the accused to bsf authorities for trial. rule (4) further provides that before a magistrate decides to proceed with the trial or commit the accused, he ..... for trial who has passed the order impugned herein for trial of the accused persons for offences under section 302/307/34 rpc read with section 7/25 arms act.5. i have heard learned counsel for the parties. mr. ajay partap singh, learned advocate for petitioners have emphasized that the civil court namely the judicial magistrate .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2007(1)JKJ62
..... up to the voluntary causing of death or of any other harm to the assailant; if the offence which occasions the exercise of the right be of any of the acts as may reasonably cause the apprehension that grievous hurt by the consequence of such assault.14. in our considered opinion the appellant, even if the prosecution version that it was ..... respondents arrayed as accused in a police challan, under section 304/109 rpc and 3/25 arms act, were discharged by learned addl. sessions judge, jammu vide order dated 9.5.2001.2. state has questioned this order in criminal revision petition no. 38/2001. the prosecution story .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2007(1)JKJ498
Bashir A. Kirmani, J.1. Impugned in this revision petition is an order dated 21.04.05 purporting to have been passed by Judicial Magistrate Anantnag Under Section Cr.P.C, whereunder while allowing respondents maintenance petition, he directed petitioner to pay Rs. 1200/- to each one of 1 to 5 and Rs. 1500/- to respondent No. 6.2. Grounds pleaded against the order are that the admitted income of petitioner who is government employee was Rs. 6911/- and the maintenance allowance was much beyond his total income, and as such not reasonable; particularly because the respondents who are admittedly his children and wife are residing in his house at Dharhama Phalgam and enjoying the produce of his agricultural land and walnut trees.In reply the respondents counsel has argued that petitioners are completely down trodden and deserted deserving maintenance from petitioner and as such the impugned order is well founded in fact and law.3. I have gone through the records and considered the matter. P...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2007(1)JKJ376
..... -listing. a person who has been dealing with the government in the matter of sale and purchase of materials has a legitimate interests or expectations, when the state acts to prejudice of a person it has to be supported by legality..20. blacklisting has the effect of preventing a person from the privilege and advantage of entering into ..... audience before the impugned order was passed, for the simple reason, that whenever and wherever a power to effect some body adversely is to be exhaust, an obligation to act judiciously is implied in the very exercise thereof. in the instant case also, as a matter of fairness the petitioner should have been heard before having been black-listed ..... tax-314/2005-13/57 dated 23.11.2004 informing about registration of case under fir no. 11/01 under section 5(1)(d), 5(2) p.c act read with section 120b and 380 rpc relating to alleged mis-use of office by certain officers of forest corporation in collusion with petitioner resulting in enhancing extractions and .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2006CriLJ3812,2007(1)JKJ47
..... disclose all the ingredients of the offence. the complainant had to allege that accused had dishonestly induced the complainant and made him to deliver the property and complainant acted on the representation which was false to the knowledge of the accused and accused had dishonest intention from the very beginning.9. it is averred in the complaint ..... who was cheated to deliver the property. this shows to constitute an offence under this section, it must be shown that the complain' ant parted with his property acting on a representation which was false to the knowledge of the accused and that the accused had a dishonest intention from the very out set. the fraudulent and ..... to defraud the complainant at the time of making the promise. from the mere failure of the accused to keep up the promise, cannot be presumed as an act leading to cheating. besides, this is not sufficient to show that false representation had been made but it is necessary to show that the representation was false to .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : AIR2007J& K20,2007(1)JKJ92
..... necessary, be applicable to the disposal of disputes by the state commission.16. while going through these provisions of law, the state/divisional forums under the act can, summon witnesses and enforce the attendance of any defendant or witness, examine the witnesses on oath also issue summon for production of documents or any ..... simple redressal of the grievances on less expenses. accordingly, the legislature in its wisdom, in order to achieve the said goal have in terms of the act provided various forums wherefrom the consumers can seek redressal of the grievances. all the forums are quasi judicial forums/ bodies have to hear and determine the ..... without filing objections. his statement is taken on record.3. it appears that respondent no. 1 filed consumer complaint under jammu & kashmir consumer protection act, hereinafter for short the 'act', before respondent no. 2. petitioner applicant in the complaint disputed the claim of respondent no. 1 by filing the written version before j&k; .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2007(1)JKJ114
..... . a detailed report may be furnished to this office within 15 days. sd/-...addl. district magistrateanantnag....10. as noticed above, under section 4 of the act, district magistrate is the competent authority to take possession of the immovable property belonging to the migrants and under section 5, the said authority has the power ..... district magistrate concerned but in this case, order impugned has been passed by the additional district magistrate, anantnag, who has no jurisdiction to pass order under the act. even if it is presumed that the addl. district magistrate is also competent, even then, order impugned has been passed in violation of the principles of ..... to be taken by the district magistrate. this section reads as under:4. custody of immovable property -(1) within 30 days from the commencement of this act, the district magistrate shall take over the possession of immovable property, belonging to migrants, falling within his territorial jurisdiction and shall, on the expiry of said .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2006(2)JKJ146
..... education research & training (ncert) was a 'state' as defined under article 12 of the constitution. ncert is a society registered under the societies registration act. after considering the provisions of its memorandum of association as well as rules of ncert, this court come to the conclusion that since ncert was largely an ..... companies in general carrying on other business activities, may be manufacturing, other industries or any business, such checks are provided under the provisions of the companies act, as indicated earlier. there also, the main consideration is that the company itself may riot sink because of its own mismanagement or the interest of the ..... conferred by these articles the following powers and authorities are expressly given to and contained upon the directors-(a) subject to the provisions of the banking regulation act, to purchase, buy, take on lease, or otherwise require any land (whether freehold, leasehold, or otherwise) from any person, including a director with or .....
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