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
Reported in : 2004(2)JKJ447
..... decision; and, thereafter, contemporaneous correspondence exchanged between the parties, the intention of the parties gathered unequivocally and the expression used therein and how the parties acted there upon, borne out from the record of the respondents, clearly establish all essential requisite traits of an agreement and consensus ad idem spelt out therefrom ..... of law.'in case titled gujarat state financial corporation v. lotus hotels pvt. ltd., (1983) 3 scc 379, the apex court has held as under:'acting on the promise of the appellant evidenced by documents, the respondent proceeded to suffer further liabilities to implement and execute the project. in the backdrop of ..... patently against the basic principles of law and natural justice cannot sustain the test of law.(ii) the respondents by their conduct were legally estopped to act contrary to the orders earlier passed including the government order no. 34-pdd of 2002.(iii) the decision regarding privatization already had the sanction of .....
Tag this Judgment!Court : Jammu and Kashmir
..... july 2010. he was shown to have not passed in the subjects cs-401 and cs-403. after obtaining answer scripts of these papers from the respondents under rti act, he found that the mathematical questions had not been evaluated properly. petitioner issued a legal notice to respondents for re-evaluation of his answer scripts which was turned ..... by different academic bodies and finally approved by the competent authority. power to amend the university statutes vests in the university council under kashmir and jammu universities act, 1969 (hereinafter referred to as the act ). it is not denied that the relevant statutes have been framed in conformity with the procedure prescribed under section 41 of the ..... act. exclusion of re-evaluation of answer scripts in mca course is based on the opinion of experts prescribing rigorous standards of teaching/learning process in the .....
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
..... kirch at his instance is amply corroborated by the evidence of vijay kumar and shesh pal in addition to testimony of informant.39. section 27 of the evidence act is in the nature of an exception to the rule that prohibits admissibility of confessions made before the police. the provision engrafted in this section 45 is based ..... determination.5. the record of trial court reveals that in terms of order dated 12.08.1992 charges for offences under section 302 rpc and 4/27 of the arms act were framed against the accusedappellant, who pleaded not guilty and claimed to be tried.6. prosecution examined banarsi dass, narender kumar gupta, chaman lal gupta, vijay kumar, rajhan ..... harm as the accused, who used to indulge in eveteasing in the lane adjacent to his home, had threatened to eliminate him when he objected to the indecent acts on the part of the accused. it was found that due to the enmity the accused on finding an opportunity stabbed the deceased with a kirch thereby inflicting injuries .....
Tag this Judgment!Court : Jammu and Kashmir
..... law on the subject, only irresistible conclusion is that respondent at the time of accident was proceeding towards his place of posting to perform his duties, his act i.e. proceeding towards his place of posting is related to military service, making respondents entitled to disability pension under pension regulations.18. we for the reasons ..... to service and expected standards of behaviour and living of the member of the forces appears to be the condition precedent to claim under rule 173. the act of omission on the part of the member of the force must satisfy the test of prudence, reasonableness and expected standards of behaviour.19. we may ..... matters connected, aggravated or attributed to military service and the matters entirely alien to such service. what falls exfacie in the domain of an entirely private act which may even extend to the sphere of undesirable and unlawful activity of such member cannot be treated as legitimate basis for claiming the relief under these provisions .....
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 .....
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