Court : Jammu and Kashmir
Reported in : 2007(1)JKJ161
..... state of himachal pradesh 2003 (3) arb ..... shall not try any suit or other proceedings to which he is a party or in which he is personally interested;(2) the presiding officer of an appellate civil court under this act shall not try an appeal against a decree or order passed by himself in another capacity;(3) when any such suit, proceeding or appeal as is referred to in sub-section (1) or sub-section (2) comes before any such officer, the officer shall forthwith transmit the record of the case to the court to which he is immediately subordinate, with a report ..... exercising the same jurisdiction which could be exercised by a principal court of civil jurisdiction, in respect of the cases transferred to it and that the high court and district court possessed the power of transferring cases to the court of additional district judge and keeping this in view they in their wisdom appear to have excluded only the courts inferior in grade to the principal civil court and courts of small causes ..... transferred to the court of learned 2nd additional district judge on the joint request of the parties, the applicants who were respondents in the said matter have filed the instant application for seeking modification of the order dated 25-9-06 on the plea that court of 2nd additional district judge lacks the inherent jurisdiction to try that petition.3. ..... this court by order dated 25-9-2006 passed in arbitration application no ..... therefore, the order of this court dated 25-9-2006 does not deserve to be .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2008(3)JKJ464
..... rules 4(1)(c) the state government has provided that the commission before taking any decision on the rates of tariff must notify its intention in this behalf, in leading newspapers of west bengal and hold public hearing for the said purpose, (emphasis supplied) even the commission under the power conferred on it in section 58 of the act, has framed the west bengal electricity regulatory commission (conduct of business) regulations, 2000 as amended by the regulations dated 3-2-2000, wherein, ..... arguments and confining it within the aforesaid zone of consideration, has projected the following flaws in the impugned order:(a) the commission has not maintained the transparency envisaged under section 22 of the act and it has, in fact, acted in a mechanical manner and dittoed the arr and the tariff proposal put forth by the utility/licensee without assigning cogent reasons meaning thereby that the order suffers from non-application of mind. ..... in the arena of establishment expenses, the commission has drawn a comparison vis-a-vis hpseb (himachal pradesh state electricity board) and approved the employees expenses for 2007-08, noticing that utility serves same geographical area ..... the foremost attack launched by learned counsel for both the appellants, on the impugned tariff order is that the commission has not maintained the transparency envisaged under section 22 of the act and it has just dittoed annual revenue requirement and tariff proposal put forth by the utility (pdd), which has .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : [1982]49STC1(NULL)
..... state of himachal pradesh ..... contained in sub-section (1), nothing in this act shall apply to the following classes of hotels :-(i) boarding and lodging houses run by educational, charitable and religious institutions,(ii) guest-houses belonging to the state government or central government for the use of departmental officials only,(iii) guest-houses maintained by a nationalised ..... , it is not an essential characteristic of a sales tax that the seller must have the right to pass it on to the consumer, nor is the power of the legislature to impose a tax on sales conditional on its making a provision for sellers to collect the tax from the purchasers. ..... in that case the constitutional validity of the tamil nadu additional sales tax act (14 of 1970) was challenged on the grounds : firstly, that the additional sales tax being in effect a tax on income, the state legislature was not competent to enact it; secondly, that the additional tax being recoverable from the dealer himself as confiscatory in nature, and ..... of the said notice, the taxation officer may himself make ex parte assessment order after taking into account the material which is on the record or which ..... dated 17th september, 1980, the government has directed that the amenities and services in a hotel which are liable to tax under the provisions of the jammu and kashmir hotel (amenities and services) tariff taxation act, 1980, shall be exempt from the levy of tax under the provisions of the jammu and kashmir general sales tax act .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : AIR2000J& K93
..... himachal pradesh state consumer disputes redressal commission, shimla in ..... kashmir and the university of jammu shall be corporate bodies known by the names of the 'university of kashmir' and the university of jammu' each having perpetual succession and a common seal with power to acquire and hold property, moveable and immovable to transfer the same to contract and to do all other things necessary for the purpose of its constitution and may sue or be sued by ..... provided that they remain on the rolls of the college as regular students and attend two thirds of lectures delivered from the date of the next classification or the date on which they have joined, whichever is earlier, up to the commencement of the supplementary/bi-annual examination : provided further that the number of lectures they attended is not less ..... (g) 'deficiency' means any fault imperfection shortcoming or inadequacy in the quality nature and manner of performance which is required to be maintained by or under any law for the time being in force or has been undertaken to be performed by a person in pursuance ..... even otherwise on the plain reading of the sub-sections of the act of 1987 quoted above it can be said that the function ..... consumer dispute could therefore, be said to arise when a complaint made by the concerned candidate that the valuation, revaluation or rechecking had not been properly done, the order of the state commission granting relief to such a candidate is clearly contrary to the rulings of this ..... 1970 .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 1999CriLJ4005,II(2000)DMC682
..... state of himachal pradesh' ..... on examination of challan papers trial court was satisfied that there is prima facie case under section 498-a of the rpc, therefore charges were framed against all the respondents, who pleaded not guilty and claimed trial ..... brief facts giving rise to this case are that pradesh raina is the son of hirday nath raina and chuni devi and brother of manju ..... made against the respondents were that immediately after marriage pw renu pandita with respondent pradesh raina harassment was caused by the respondents to her. ..... state of madhya pradesh ..... this appeal is directed against the judgment dated 30th august' 97 passed by ist additional munsiff (forest magistrate), jammu in file no ..... pw prabha wati, mother of the victim states that while making demand for a scooter, silver articles were also ..... has nowhere spoken about an attempt having been made by his sister-victim to commit suicide because of harassment meted out to her by the respondents, though this fact is stated by his brother, pw raj nath pandita. ..... from her parental house she is stated to have brought money, but still her in-laws were not ..... may also be worthwhile to notice that there is a presumption of innocence in favour of an accused which is re-inforced after an order of acquittal is passed. ..... evidence has been examined by the prosecution in relation to acts of harassment as well as demand of cash etc. ..... so far powers of this court in an appeal against acquittal or conviction are concerned, they are on the same .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 1999CriLJ3034
..... state of himachal pradesh 1982 cri lj noc (hp), it is held that;section 229 confers a discretionary jurisdiction on the court to accept a plea of guilty and to act ..... state of himachal pradesh 1982 cri lj 1546 which says in ..... state of himachal pradesh 1982 ..... this inference with respect to the state of accused is further clear from court order dated april 4, 1994 when amicus curiae prayed that the accused be got examined by a psychiatrist board of ..... finding to be entered and to decide whether offence is murder or a lesser offence, the court should have before it the details of the occurrence, the circumstances under which the act was done and the motive if any and for this purpose it is desirable that the entire evidence is placed before the court.then in para 15, the court further held that ..... the nature of the charge to which the accused is required to plead guilty, the more care and circumspection is expected to be exercised by the court in accepting and acting upon the plea of guilty.the first duty of the court before accepting a plea of guilty is to satisfy itself with respect to the voluntary nature of the plea. ..... was also contended that discretion should have been exercised for ordering trial instead of convicting him on such a plea which was neither recorded in accordance with law nor spelled out commission of crime in terms of facts of the case and ..... vitiated, therefore, the present conviction and sentence cannot be maintained and this appeal has to be accepted.14. ..... maintained .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : AIR2000J& K85
..... the road at damtal falls within the state of himachal pradesh. ..... , 1978 1st publication cep/2523 in exercise of the powers conferred by section 3 of the prevention of ribbondevelopmentact, samvat 2007, i, sheikh abdul salam, chief engineer, projects organization , jammu and kashmir empowered as the chief engineer under clause (ii) of section 2 of the said act vide sro-494 dated 18-6-1978 hereby direct that no building shall be constructed alongside the national highway bye-pass at jammu outside the jammu municipal limits within a distance of 75 metres from the centre of the rd, without ..... to the affected persons (individuals/firms/companies) who have raised construction/have made encroachments in violation of the provisions of the 1963 act, and thereafter pass orders for removing the unauthorised construction/encroachments;(3) such steps should be taken by the respondents within a period of six months of the receipt of a certified copy of this order by the chief secretary to the government of haryana; and the director, town and country planning, haryana, chandigarh, and the district ..... the senior standing counsel for union of india shall convey this order to the authorities dealing with and maintaining the national highways. .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 1972CriLJ1630
..... the state of himachal pradesh : 1971crilj511 and state v ..... court martial can only try 'civil offences' that the offences with which the petitioner has been charged, not being 'civil offences' according to the definition of the term as contained in section 4 of the air force act are not triable by the court martial and that order dated june 11. ..... the petitioner's trial on the second charge which relates to transport by him of prohibited commodities in service vehicle contrary to good order and air force discipline as envisaged by section 65 of the act, it may be stated that the learned counsel appearing on his behalf has not disputed that the court martial has jurisdiction to try this charge. ..... in this view of the matter the acts falling within the ambit of section 65 of the act which as already stated, creates a new category of offences prejudicial to good order and discipline of air force are triable by a court ..... to 5 have filed a return averring inter alia that the offences for which the petitioner has been charged are exclusively triable by the court martial, that he has not been charged for an offence under section 165-a of the ranbir penal code and that the trial is almost over and only the findings recorded by the court martial remain to be announced.4. ..... read with ministry of food, agriculture community development and co-operation (department of food)) order dated 18th april. ..... to 5 for quashing the charges but they rejected his application on july 5, 1970.3. ..... 1970, and on july .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2003(1)JKJ739
..... state of himachal pradesh ..... the aforementioned provisions deal with a situation where someone seeks service with the state and the question arises as to whether school certificates are to be relied upon or ..... was observed that the school leaving certificate, if taken note of, then the respondent would be a juvenile and if the record maintained by the chowkidar is taken note of, then he would not. 4. ..... the present case, offences have been committed under section 121, 121a of the penal code read with section 7/25 of the arms act. ..... court below has come to the conclusion that the record maintained by the village chwokidar cannot be relied upon. ..... act would apply to a person who is covered by the definition of term 'juvenile' under section 2(h) of the act. ..... he has recorded following findings:- i) that the date of birth of the respondent is recorded in the chowkidar register as 11th nov ..... a view to determine as to whether a person is a juvenile or not, an enquiry has to be conducted in terms of section 3 of the act. ..... for facility of reference this section is being reproduced below :- 'juvenile' means a boy who has not attained the age of sixteen years or a girl who has not attained the age of eighteen ..... the state would take notice of the act and proceed further in accordance with the ..... ii) that in the school leaving certificate the date of birth of respondent is recorded as 4th march' 83. ..... of the above, i do not find any merit in this revision petition preferred by the state and the same is dismissed. .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2004(2)JKJ498
..... 12/2003, learned chief judicial magistrate, jammu, in terms of his order dated 26th september 2002, committed the case to the session court for trial of the accused for commission of offences under sections 302/307/304 rpc, without giving any notice in writing to the commanding officer. ..... state of himachal pradesh reported in, air 1971 sc 500. ..... 381/2002 filed a charge sheet before the court of learned chief judicial magistrate on 3rd february 2003 for his trial for commission of offences under section 302 rpc and learned chief judicial magistrate has committed the case for trial to the court of session without giving any notice in writing to the commanding officer or competent authority.5. ..... it is only when the designated officer does not exercise his discretion and decide that the proceedings should be instituted before a court-martial, that the army act would not obviously be in the way of a criminal court exercising its ordinary jurisdiction in the manner provided by law and section 126 would not come into operation. ..... pursuant to the power conferred by section 549 cr. p.c. ..... state of punjab reported in, air 1970 punjab and haryana 351 to submit that the aforesaid provisions, are directory and not mandatory and non-compliance thereof does not vitiate the trial.10. .....
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