Court : Jammu and Kashmir
Reported in : 2007(1)JKJ505
..... reasons, an insurer if aggrieved against an award, may file an appeal only on those grounds and no other. however, by virtue of section 170 of the 1988 act, where in course of an enquiry the claims tribunal is satisfied that (a) there is a collusion between the person making a claim and the person against whom the ..... its having not been specifically permitted by the tribunal so to do.5. i have considered the submissions of learned counsel for the parties.section 170 of the motor vehicles act, 1988, reads, thus:170. impleading insurer in certain cases. -- where in the course of any inquiry, the claims tribunal is satisfied that(a) there is collusion between ..... v. bashir ahmad gojri and ors. reported as 2000 acj 1108, a single judge judgment of this court holding that the permission under section 170 of the motor vehicles act, 1988, will be deemed to have been granted if the insurance company had been permitted to cross-examine the witnesses on all those defences, which were available to owner .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2007(1)JKJ226
..... inferred that there was an agreement entered into between them to misappropriate the gold. to constitute a conspiracy, agreement between two or more persons for doing an illegal act, or an act by illegal means, is a sine qua non. although the agreement among the conspirators can be inferred by necessary implication, the inference can only be drawn on ..... would make these aspects clear beyond doubt. entering into an agreement by two or more persons to do an illegal act or legal act by illegal means is the very quintessence of the offence of conspiracy.272. generally, a conspiracy is hatched in secrecy and it may be difficult to adduce ..... 271. it will be thus seen that the most important ingredient of the offence of conspiracy is the agreement between two or more persons to do an illegal act. the illegal act may or may not be done in pursuance of agreement, but the very agreement is an offence and is punishable. reference to sections 120a and 120b, ipc .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2007(1)JKJ108
..... licenced driver is illegal erroneous.3. learned counsel for respondents argued that appellant failed to prove that owner committed any breach in terms of section 149 of motor vehicles act. the finding returned by the tribunal is legal one needs no interference.4. the claimants, respondents 3 to 8, filed a claim petition before motor accident claims ..... the insurance company cannot challenge the quantum of compensation awarded by the tribunal. the only ground open to insurer is contained in section 149(2) of the motor vehicles act. in national insurance co. ltd. v. swaran singh and ors. 2004(1) scale 180, this court has held that 'mere absence, fake or invalid driving licence ..... conditions would apply 'the rule of main purpose' and the concept of 'fundamental breach' to allow defences available to the insured under section 149(2) of the act.14. whether licence was renewed or not that cannot be a ground for holding that driver was not duly licenced and was not having effective licence. it is .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2007(1)JKJ84
..... to the directions of learned special judge anti corruption, the vigilance organization registered fir no. 4/2006 for commission of the offences under section 5(2) of prevention of corruption act read with section 120(b) rpc and started investigation of the case.6. it may be pointed out here that as per the information provided through application to the learned ..... may bring it to the kind notice of hon'ble court that case fir no. 20/2005 under section 5(1) e read with section 5(2) p. c. act svt. 2006 was registered with p/s vigilance organization, jammu on december 06, 2005. the searches including that of the house of accused bhumesh sharma and others were conducted on ..... of the accused bhumesh sharma and others on 07/08-12-2005 in case fir no. 20/2005 under section 5(1) (e) read with section 5(2) p. c. act svt. 2006 registered with police station vigilance organization, jammu were missing.on my arrival at jammu, i called insp. nissar hussain shah no. 49/svo (investigating officer) to my .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2007(1)JKJ542
..... to entail a total demolition of their claim, case and cause. secondly, that petitioners before commissioner, agrarian reforms were tenants of land for whose benefit the agrarian reforms act has been enacted, seeking to project their grievance against resumption of land by owners thereof even while it was in their possession as indicated by last part of tehsildar's ..... resumption of 97 kanals and 15 marlas of land situated at tulamulla-ganderbal in favour of respondents as owners thereof under section 7 of the agrarian reforms act, while leaving rest of land measuring 193 kanals and 02 marlas to be mutated in favour of petitioners as owners under section 8 of the agrarian ..... act, and directing concerned naib tehsildar to demarcate the land on spot and deliver possession to respondents. in view of this fact the learned commissioner, agrarian reforms while .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2007(1)JKJ489
..... view expressed. while doing so the court has cited the example of dr. s.s. dua for the government to follow in the matter, as a model employer obliged to act with consistency, without saying anything about petitioner's similarity of placement or parity with the said dr. s.s. dua. this distinction clearly brings out the intention of court to ..... namely dr. s.s. dua vide government order no. 245-ash of 1995 dated 6.12.1995. this can also not be ignored. government as a model employer has to act consistently. the government would take notice of above order and grant requisite relief. let matter be considered and decided within a period of three months. period of three months would .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2007(1)JKJ146
..... civil procedure and it was for this reason that procedure for trial of a reference has been specifically prescribed in part iii of the land acquisition act, which part does not contemplate impleadment of legal representatives of deceased applicant seeking reference to get themselves impleaded as party respondents in the reference proceedings. ..... in the reference proceedings would not result in abatement of the proceedings because the proceedings on reference under sections 18/31 of the state land acquisition act are not governed by the provisions of order xxii of the code of civil procedure. learned counsel submits that invoking order xxii to the reference ..... in the reference proceedings were disentitled to contest the present appeal of the appellant. learned counsel further submits that reference proceedings under the state land acquisition act are civil proceedings, governed by the code of civil procedure and order xxii of the code, was, thus, applicable to the proceedings with all its .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2006(2)JKJ407
..... section 96 of motor vehicles act 1939 in view, i would direct the insurance company to satisfy the award and recover the amount by executing this award against the owner and, if needed ..... held to be limited to rs. 50,000/- (rupees fifty thousand) along with interest accrued thereon.30. i am conscious of the fact that motor vehicles act is a welfare legislation intended to provide compensation to those who are entitled thereto without any amount of unnecessary delay in procedural wrangles. keeping the provisions of ..... reported as , the division bench held that certified copy of the insurance policy was admissible in evidence under section 74 read with section 77 of the indian evidence act.22. the finding of the tribunal in the present case holding appellant liable to indemnify the owner is, thus, unsustainable because the insurance policy, in the .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2006CriLJ4158,2007(1)JKJ127
..... his competence to dismiss the complaint and direct release of the vehicle in favour of a person who is not owner in terms of the provisions of motor vehicles act.9. following questions emerge for consideration:1. whether the cognizance was, taken?2. whether after taking cognizance, magistrate was competent to dismiss the complaint? and3. ..... complaint.4. where a magistrate orders investigation by the police before taking cognizance under section 156(3) of the code and receives the report thereupon he can act on the report and discharge the accused or straightway issue process against the accused or apply his mind to the complainant filed before him and take action ..... point out that since the object of an enquiry under section 202 is to ascertain whether the allegations made in the complaint are intrinsically true, the magistrate acting under section 203 has to satisfy himself that there is sufficient ground for proceeding. in order to come to this conclusion, he is entitled to consider the .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2007(1)JKJ429
..... of certiorari for quashing order no. det/psa/06/210 dated 13.02.2006 passed by second respondent, district magistrate anantnag, directing his detention under the j&k; public safety act, 1978.detention has been questioned, in nutshell, on the ground that on an earlier occasion also the petitioner was detained in preventive custody vide second respondent's order no. det ..... appeal by the division bench of the high court. it is challenged by the union of india in these appeals, a detention order under section 3(1) of the cofeposa act was passed by the authorities on 13-9-1996 against the respondent. the respondent before surrendering filed a writ petition in the high court on 23-10-1996 and obtained .....
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