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Judgment Search Results Home > Cases Phrase: medical degrees act 1916 section 2 definitions Sorted by: old Court: jammu and kashmir Year: 2009 Page 1 of about 10 results (0.036 seconds)

Mar 12 2009 (HC)

B-2 Computers Vs. State and ors.

Court : Jammu and Kashmir

Decided on : Mar-12-2009

..... industries central, kargil; chief education office kargil; tourism department kargil; handicraft department kargil; district hospital kargil; weights and measures department kargil; chief medical officer kargil and assistant labour department kargil also required computers but for purchase of computers tenders were not floated and in cruel disregard to the ..... was approached by filing of applications as also by making oral requests for taking decision in the matter.3. the petitioner further submits that principal degree college kargil floated tender for supply of computers and other connected accessories vide tender notice no. gdc-k/acctt- 12/333- 50 dated ..... to take a decision with regard to tender issued by way of annexure a by invoking article 226 of constitution of india read with section 103 of constitution of j&k.;b. writ of certiorari quashing supply orders issued in favour of respondent no. 6 in violation of ..... the constitutional court to pass appropriate orders and issue appropriate directions, as otherwise, it would tent-amount to placing premium on the un-constitutional acts of the respondents 7 to 14.25. this writ petition is accordingly disposed of with the following directions:a) the respondent no. 3, ..... relief which the hon'ble court deems fit and proper in the circumstances of the case be granted in favour of petitioner against respondent.2. briefly stated the case of petitioner is that he is an engineering graduate and as he could not secure government job, in order .....

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Apr 10 2009 (HC)

Mohammad Obaid and anr. Vs. Union of India (Uoi) and ors.

Court : Jammu and Kashmir

Decided on : Apr-10-2009

Reported in : AIR2010J& K18

..... in the first schedule shall be recognised medical qualifications for the purposes of this act.section 12 : recognition of medical qualifications ..... the indian medical council act, 1956 cited by the mr. jan, learned counsel for the petitioners are as under:2(e) 'medical institution' means any institution within or without india, which grants degrees, diplomas or licences in medicine;2(h) 'recognised medical qualification' means any of the medical qualifications included in the schedules:section 11 : recognition of medical qualifications granted by universities or medical institutions in india.- (1) the/medical qualifications granted ..... by any university or medical institution in india which are included .....

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Jul 31 2009 (HC)

Om Parkash Vs. Darshan Kumar Mahajan

Court : Jammu and Kashmir

Decided on : Jul-31-2009

..... ) that the claim through the cheques was neither debt nor any liability which was legally enforceable. b) that statutory notice issued does not make demand in terms of section 138 of negotiable instrument act.4. on the other hand respondent contended that the amount for which the cheques have been issued is legally enforceable debt arising out of the business transaction between ..... from the date of receipt of this notice, failing which appropriate remedy under law would be initiated. this in my opinion is a clear demand as prescribed under section 138 of the negotiable instrument act. i fortify my view with the judgment of the apex court in case titled as central bank of india and anr. v. saxons farms and ors. reported ..... protect an honest drawer. service of notice of demand in clause (b) of the proviso -2 section 138 is a condition precedent for filing a complaint under section 138 of the negotiable instruments act. even though no form of notice is prescribed in clause (b) of the proviso 2 of section 138, the requirement is that the notice shall be given in writing within 15 days ..... honest drawer. service of notice of demand in clause (b) of the proviso to section 138 is a condition precedent for filing a complaint under section 138 of the negotiable instruments act, 1881. even though no form of notice is prescribed in clause (b) of the proviso 2 of section 138, the requirement is that the notice shall be given in writing within 15 days .....

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Feb 16 2009 (HC)

Mohar Singh and anr. Vs. State

Court : Jammu and Kashmir

Decided on : Feb-16-2009

Reported in : 2009CriLJ4688

..... such as (1) the circumstance from which an inference of guilt is sought to be drawn, must be cogently and firmly established (2) those circumstances should be of a definite tendency unerringly pointing towards guilt of the accused (3) the circumstances, taken comulatively, should form a chain so complete that there ..... of exception i to section 300, rpc, which is punishable under section 304, part-i. rpc, as the act committed and the injury caused was such which was likely to cause death and which has caused the death ..... in the fit of rage accused no. 1 has struck the stick (danda) on the head of the deceased which resulted in her death. medical opinion has supported the fact that there was only one single injury on the head of the deceased. so commission of offence falls within the scope ..... , has deposed that on asking by the police as to with which stick (danda) deceased was killed, accused did show the stick (danda). (5) medical examination reveal 'there was a big heamatoma over the fronto-temporo-parietal maxillary region, including (r) eye bluish black in colour, right eye congested fracture of ..... murder of the deceased. the incriminating circumstances as emerge coupled with the simple denial to the incriminating circumstances put to the accused, while examination under section 342, cr. p.c. forms additional link. the chain is complete there is no possibility of holding that the evidence, in any way, is .....

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Mar 19 2009 (HC)

Ghulam Nabi Najar Vs. State and ors.

Court : Jammu and Kashmir

Decided on : Mar-19-2009

..... property (preservation, protection, and restraint on distress sales) act 1997 (hereinafter referred to as the act of 1997). the solemn aim and purpose of enacting act of 1997 was to provide preservation, protection, and restraint on distress sales of the immovable property of the migrants.7. sections 2(b), (e) and (i) are reproduced as under:2. definitions.(b) 'competent authority' means the district magistrate of ..... of the property is surrendered to the competent authority;(c) an order of payment of compensation determined under this act unless the amount of compensation is deposited with the appellate authority.(2) the period of limitation for filing of an appeal under sub-section (1) shall be fifteen days form the date of order appealed against.12. the constitutional courts possess ..... .11. the ld. counsel for the respondents has raised an objection about the maintainability of the writ petition as under section 7 of the act 1997 right to file an appeal is provided against an order passed by competent authority. section 7 of the act 1997 is reproduced as under:7.appeal.(1) any person aggrieved of an order passed under this ..... act, may file an appeal before the financial commissioner, revenue : provided that no such appeal shall be entertained against.-(a) an interlocutory order;(b) an .....

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Apr 20 2009 (HC)

Jang Bahadur Singh, Vs. Union of India (Uoi) and ors.

Court : Jammu and Kashmir

Decided on : Apr-20-2009

..... have considered the matter.7. learned counsels for the petitioners have referred to the provisions of disability act of 1995 and would submit that the act provides provisions for sheltered appointments of the employees who are suffering from any disability falling within the definition of the act as such it would be violation of right to equality if the protection of the same is ..... h. imtiyaz hussain, j.1. petitioners were appointed as constables in the border security force. they have been served with a notice for medical board out. it has been found on their examination by the medical board that they are suffering from ailments as such are not fit to be retained in the border security force service. board proceedings have been initiated against ..... to show any cause it would be presumed that they have got nothing to put forward and the decision as mentioned in the notice will be final in this regard.2. the petitioners are aggrieved of the proposed action of the respondents and have prayed for quashment of the said show cause notice, the petitioners further pray that in case respondents ..... benefits vis-a-vis non-disabled persons. with that object in view the legislature has made provision for reservation of posts and for granting shelter appointment to the disabled, in section 33 and 47 of the act.however, an exception to the benefit to be granted to the disabled has been carved out in te provisions appended to these .....

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Jul 24 2009 (HC)

Govind Singh Vs. State and ors.

Court : Jammu and Kashmir

Decided on : Jul-24-2009

Reported in : 2010CriLJ585

..... committed the same to the court of sessions judge, udhampur. the appellant was charge-sheeted for the commission of offence under section 302, rpc read with section 30 of the arms act, to which he pleaded not guilty and claimed trial.7. the prosecution in its endeavour to bring home the guilt examined ..... some unknown place.5. on receiving the information about the said occurrence, an fir no. 34 of 2006 came to be registered under sections 302 rpc and 30 of arms act, by the sho concerned in police station rehembal. the police party led by the sho concerned went on spot and prepared the site ..... has been convicted and sentenced to undergo simple imprisonment for life and payment of fine of rs. 20,000/- under section 302, rpc and four months simple imprisonment under section 30 of the anns act. in the event of failure to pay the fine, the appellant has been further directed to undergo simple imprisonment ..... consistent with the innocence of the accused and it must be such as to show that within all human probability, the act must have been done by the accused.2. circumstantial evidence can be reasonably made the basis of an accused person's conviction if it is of such character that ..... for one year.2. the learned sessions judge, udhampur, has also made reference in terms of section 374 of the code of criminal .....

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Aug 12 2009 (HC)

Hem Raj Alias Hemu Vs. State of J and K

Court : Jammu and Kashmir

Decided on : Aug-12-2009

..... not to speak of private parts. if at all the prosecutrix would have made an attempt to save herself or would have resisted, then definitely there would have been some bruises/scratches/injury marks on any part of her body, when the prosecutrix has specifically stated that the accused opened ..... .2009, whereas occurrence had taken place on 5.3.1999. she being a married woman, it was not possible for her to frame a definite opinion regarding rape. on cross examination she stated that she had not seen the presence of spermatozoa in vaginal smear.pw10-jagdish singh is the ..... she lodged a report in the police station. during investigation the investigating officer recorded the statements of witnesses, effected seizures and obtained the opinion of medical expert/fsl opinion. the investigating officer came to the conclusion that only appellant-hem raj and mukhtyar singh were involved in the commission of offences ..... short, impugned orders), whereby and where under the appellant came to be convicted and sentenced for the commission of offence punishable under section 376 ranbir penal code (for short, rpc).2. brief facts of the case one mst. pushpa devi-prosecutrix lodged a report on 8.3.1999 at about 15:30 (3 ..... having been a victim of the rape is not an accomplice after the crime. there is no rule of law that her testimony cannot be acted without corroboration in material particulars. however, if the court of facts finds it difficult to accept the version of the prosecutrix on its face value .....

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Oct 13 2009 (HC)

National Insurance Co. Ltd., Vs. Yash Paul and ors.

Court : Jammu and Kashmir

Decided on : Oct-13-2009

..... exceeded 12000 kilograms, the vehicle in question cannot be said to be a heavy passenger motor vehicle.25. even otherwise, keeping in view the definition of the transport vehicle and the driver of the offending vehicle possessing a license with psv endorsement, at the time of the accident, it becomes ..... of the accident. according to the learned counsel, the claimant is entitled to be awarded compensation additionally for undergoing plastic surgery and for future medical treatment and the compensation awarded for pain and suffering and loss of amenities of life too needs to be raised. rate of interest allowed by ..... life.67. thus calculated, the claimant becomes entitled to compensation amounting to rs. 3,25,000/-, break up whereof would be as follows:1. for medical expenses : rs. 30,000/-2. dis-figuration : rs. 30,000/-3. loss of studies : rs. 15,000/-4. pain and suffering : rs. 75,000/- + 25, ..... limited and ors..29. the claim pertains to compensation for the death of tripta devi, who was serving as a senior staff nurse, in government medical college hospital, jammu at a monthly salary of rs. 10,000/-.30. while assessing compensation for the death of tripta devi, the tribunal, after ..... 2,200/-.55. keeping in view the large number of the dependents, including the young widow and minor son and daughter of the deceased, the tribunal has considered it appropriate to adopt the same multiplier of 17 which is prescribed in the second schedule issued under section 163-a of the motor vehicles act .....

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Nov 16 2009 (HC)

Col. Yatish Chandra Mishra Vs. Union of India (Uoi) and ors.

Court : Jammu and Kashmir

Decided on : Nov-16-2009

..... of the complaint was that higher technical officer upgraded the acrs of respondent no. 6, which resulted in his selection by the selection board (medical) no. 2 on 2.2.2007. it is in these circumstances the present writ petition has been filed by the petitioner.7. i have heard learned counsel for the parties ..... three times after which he is permanently passed over. the officers who are not selected have the option of making non statutory complaint under army act section 27 and para 364 of dsr, referred to above. the final authorities to dispose of the complaints are the chief of army staff, chief of ..... board held on 15.3.2005.5. on 7th of dec' 2005, the respondent no. 5 alongwith petitioner was again considered by the promotion board (medical) 2, but both were not selected. after the non selection of the petitioner as also private respondent no. 5, the said respondent submitted a non statutory ..... upon to establish (vide rex v. carr brian, 19431 k.b. 607(0)), or in the case of a detenu under the preventive detention act seeking to make out a case of want of bona fides in the detaining authority, the burden of proof is held not be one which requires ..... for the judicial attitude is generally to sustain the administrative action against attacks of discrimination. the courts start with a presumption that the administration has not acted in a discriminatory manner. further, the onus to prove that there has been discrimination on the part of administration is on the complainant. if, however .....

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