THE
JAMMU & KASHMIR GOVERNMENT GAZETTE
Vol. 128]
Jammu, Thu., the 24th Dec., 2015/3rd Pausa, 1937.
[ No. 39
––––––––––––––––––––––––––––––––––––––––––––––––––––––
REGD NO. JK––33
CONTENTS
English
Pages
Vernacu-
lar pages
PART I-A— Appointments, promotions, transfers and
leave of absence sanctioned by the Governor,
Government and the Ministers
....
PART
I-B– Notifications, Communiques and General Orders
by the Government and the Ministers ....
PART 11-A– Appointments, promotions, transfers and
leave of absence sanctioned by Heads of
Departments....
PART II- B– Notifications, Notices and Orders by Heads
of
Departments,
Provincial
Heads,
Magistrates and other officers competent to
issue public notices under any law or rule ....
PART II-C– Notifications, Notices and Orders by Election
Commission of India, Chief Electoral Officer,
Jammu and Kashmir and other Officers of the
Department,
Election
Petitions
and
Judgements of Election Tribunal ....
PART
III- Laws, Regulations and Rules passed
thereunder
....
PART
IV– Reprints from the Government of India Gazette
or Gazettes of others Governments....
PART
V– Information and Statistics ....
(a) Rates and prices in the State....
(b) Rates and wages ....
(c) Crop Report and Forecasts ....
(d) Whether Observations
....
(e) Vital Statistics
....
SUPPLEMENT-A–Trade
Monthly Imports and Exports from
the State ....
SUPPLEMENT-B–Police
....
SUPPLEMENT-C–Advertisements
....
Printed at the Ranbir Government Press, Jammu.
356-358
433-438
77-78
479-492
165-172
189-192
PART I-A
Jammu & Kashmir Government–Orders
––––––––
HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR.
Notification
No. 379 Dated 05-10-2015.
It is hereby notified that vide High Court Order dated 29-09-2015
Mr. Nikash Sharma S/o Mr. Rajinder Kumar Sharma R/o H. No. 10,
Sector-8, Lower Roop Nagar, EWS Colony has been admitted and enrolled
as an Advocate on the Roll of Jammu and Kashmir Bar Council provisionally
for a period of one year from the date of issuance of this notification,
subject to the verification of his provisional/LL.B Degree Certificate and
verification of his Character and antecedent from the concerned agency.
His name has been entered under Serial No. JK-334/15 in the Roll of
Advocates maintained by this Registry.
The renewal/extension of provisional license/enrolment must be sought
before the date of expiry unless the absolute/final enrolment as an Advocate
is ordered therebefore.
––––––––
Notification
No. 380 Dated 05-10-2015.
It is hereby notified that vide High Court Order dated 29-09-2015
Mr. Satish Kumar S/o Mr. Mohinder Kumar R/o Chohala, Tehsil R. S.
Pura, Jammu has been admitted and enrolled as an Advocate on the Roll
of Jammu and Kashmir Bar Council provisionally for a period of one year
from the date of issuance of this notification, subject to the verification of
356 The J&K Govt. Gazette, 24th Dec., 2015/3rd Pausa, 1937. [ No. 39
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No. 39 ]
The J&K Govt. Gazette, 24th Dec., 2015/3rd Pausa, 1937.
357
–––––––—––––––––––––––––––––––––––––––––––––––––––––––––———
his provisional/LL.B Degree Certificate and verification of his Character
and antecedent from the concerned agency. His name has been entered
under Serial No. JK-323/15 in the Roll of Advocates maintained by this
Registry.
The renewal/extension of provisional license/enrolment must be sought
before the date of expiry unless the absolute/final enrolment as an Advocate
is ordered therebefore.
(Sd.) KANEEZ FATIMA,
Registrar General.
––––––––
Corrigendum
Please read Nitin Bakhshi instead of Nitin Bakshi issued
vide provisional Notification No. 364 dated 05-10-2015 in favour of
Shri Nitin Bakhshi S/o Rajinder Bakhshi R/o Upper Barnai, H. No. 147,
W. No. 65-JMC, Jammu.
By order.
––––––––
Corrigendum
Please read parentage of Ms. Simmy Bhagat as Jai Raj instead of
Jai Singh issued vide provisional Notification No. 456 dated 23-10-2015 in
favour of Ms. Simmy Bhagat D/o Jay Raj R/o H. No. 14, Enclave–B,
Lane–1, Roop Nagar, Jammu.
By order.
(Sd.) G. M. PARRAY,
Joint Registrar (Admn.).
––––––––
358 The J&K Govt. Gazette, 24th Dec., 2015/3rd Pausa, 1937. [ No. 39
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GOVERNMENT OF JAMMU AND KASHMIR,
HOME DEPARTMENT.
Subject :—Transfers and postings.
––––––––
Government Order No. 545-Home of 2015
Dated 02-12-2015.
In the interest of administration, the following transfers and postings
of Police Officers are hereby ordered with immediate effect :—
1.
Shri Dushant Sharma, Deputy Commandant, IR 10th Bn.
is transferred and posted as SP, Traffic Rural, Jammu vice
Shri Ravi Kant.
2.
Shri Ravi Kant, SP, Traffic Rural, Jammu is transferred and
posted as Deputy Commandant, IR 10th Bn. vice Shri Dushant
Sharma.
By order of the Government of Jammu and Kashmir.
(Sd.) R. K. GOYAL, IAS,
Principal Secretary to Government,
Home Department.
THE
JAMMU AND KASHMIR GOVERNMENT GAZETTE
––––––––––––––––––––––––––––––––––––––––––––––––––––––
Vol. 128] Jammu, Thu., the 24th Dec., 2015/3rd Pausa, 1937. [ No. 39
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Separate paging is given to this part in order that it may be filed as a
separate compilation.
––––––––––––––––––––––––––––––––––––––––––––––––––––––
PART I––B
Jammu and Kashmir Government ––Notifications.
––––––
GOVERNMENT OF JAMMU AND KASHMIR,
CIVIL SECRETARIAT––GENERAL ADMINISTRATION,
DEPARTMENT.
Subject :––Nomination of members of the J&K State Advisory Board for
the Development of Pahari Speaking People.
––––––––
Government Order No.1367-GAD of 2015
Dated 14–10–2015.
The following persons are hereby nominated as the members of
the J&K State Advisory Board for the Development of Pahari Speaking
People :––
S. No.
Name and Address
––––––––––––––––––––––––––––––––––––––––––––––––––––––
1
2
––––––––––––––––––––––––––––––––––––––––––––––––––––––
1.
Syeed Rafiq Shah
Ex-MLC, Kupwara.
1
2
––––––––––––––––––––––––––––––––––––––––––––––––––––––
2.
Sh. Abdul Rehmand Kashmiri
S/o Abdul Aziz Kashmiri
R/o Nanda, Tehsil Thathri, District Doda.
3.
Sh. Mohammad Maqsood Khan
R/o Thannamandi, Rajouri.
4.
Sh. Shamim Ahmad Dar
S/o Abdul Hamad Dar R/o Poonch.
5.
Sh. Mohammad Maroof Khan
S/o Sher Mohammad Khan R/o Kalaran, Mendhar.
6.
Sh. Hamid Manhas R/o Surankote.
7.
Sh. Munshi Alam Din R/o Kotranka, Rajouri.
8.
Sh. Shahzad Khan R/o Rajouri.
9.
Sh. Imtiyaz Ahmad Khan
S/o Mohammad Ibrahim Khan R/o Brah, Shangas.
10.
Sh. Reyaz Ahmad Khan
S/o Ghulam Rasool Khan R/o Braman, Rafiabad.
11.
Sh. Mohammad Hussain Ingwali
S/o Alif Din Ingwail R/o Kamalkut, Uri.
12.
Sayeed Nisar Hussain Shah R/o Poonch.
13.
Sh. Mohammad Sadiq Koshik
R/o Rekhwan Nowgan, Langate.
14.
Sh. Hassan-ud-Din
S/o Abdul Aziz Parray R/o Pranu, Doda.
15.
Sh. Mohammad Nazir Moughal
S/o Noora-Din R/o Sheindra, Surankote.
16.
Sh. Mohammad Iqbal Katoch
S/o Abdul Rashid Katoch R/o Pogal, Ramban.
17.
Molvi Fayaz Daing
S/o Abdul Rashid Daing R/o Neel, Ramban.
434 The J&K Govt. Gazette, 24th Dec., 2015/3rd Pausa, 1937. [ No. 39
––––––––––––––––––––––––––––––––––––––––––––––––—–––————
1
2
––––––––––––––––––––––––––––––––––––––––––––––––––––––
18.
Sh. Gh. Hassan Khan
R/o Devsar, Lolab.
19.
Sh. Yasir Sarfaraz
S/o Sarfaraz Khan R/o Lasbena, Surankote.
20.
Sh. Irshad Hussain
S/o Molvi Abdul Hameed R/o Dxoar, Karnah.
21.
Sh. Mohammad Yaqoob Wani
S/o Usman Joo Wani R/o Mandian, Karnah.
22.
Sh. Mohammad Aazim Sagar
S/o Shah Mohammad R/o Manjadi, Mendhar.
23.
Sh. Asad Bari Shah
R/o Kalakote.
24.
Sh. Manzoor Hussain Shah
R/o Katedhara, Rajouri.
25.
Syed Yasin Shah
R/o Kokernag, Anantnag.
26.
Sh. Abdul Rashid Malik
R/o Sunjwan, Bathandi.
27.
Sh. Iqbal Hussain Shah
R/o Surankote, Poonch.
28.
Sh. Manzoor Ahmad Khan
S/o Bashir Ahmad Khan R/o Shadaab Karewa, Shopian.
29.
Sh. Tazeam Ahmad Dar
S/o Ab. Qayoom Dar R/o Ward No. 1, Kheare, Rajouri.
30.
Sh. Zahoor Ahmad Bhati
S/o Mohd. Iqbal Bhati R/o Rajdhani, Thanna mandi, Rajouri.
31.
Sh. Mohd. Akbar Khan
S/o Mohd. Ayoub Khan R/o Wantrag, Kehribal, Anantnag.
32.
Sh. Mohd. Afzal Khan
S/o Mohd. Akbar Khan R/o Slamabad, Uri.
No. 39 ]
The J&K Govt. Gazette, 24th Dec., 2015/3rd Pausa, 1937.
435
–––––––—––––––––––––––––––––––––––––––––––––––––––––––––———
33.
Sh. Mohd. Alyas Khan
S/o Mohd. Muzaffar Khan R/o Niloosa, Banyar.
34.
Sh. Ajaz Ahmed Mirza
S/o Mirza Mohd. Anwar R/o Ujhan, Tehsil Darhal,
District Rajouri.
35.
Sh. Bharat Bhushan Vaid
R/o Rajouri.
36.
Sh. Rajinder Gupta
R/o Rajouri.
37.
Sh. Danesh Sharma
R/o Rajouri.
38.
Sh. Vijay Kumar Gupta
R/o W. No. 07, Rajouri.
39.
Adv. Ashan Mirza
R/o AAG, Rajouri.
40.
Sh. Vijay Kochar
R/o Rajouri.
41.
Sh. Vijay Gupta
C/o Vijay Karyana Store, Rajouri.
42.
Sh. Nisar Rahi
R/o Rajouri.
43.
Sh. Thakur Puran Singh
R/o Budhal.
44.
Sh. Dev Raj Sharma
R/o Kotranka.
45.
Dr. Suresh Kumar
R/o Nowshera.
46.
Sh. Dharam Vir Gupta
R/o Nowshera.
47.
Sh. Sardar Jarnail Singh
R/o Sunderbani.
1
2
––––––––––––––––––––––––––––––––––––––––––––––––––––––
436 The J&K Govt. Gazette, 24th Dec., 2015/3rd Pausa, 1937. [ No. 39
––––––––––––––––––––––––––––––––––––––––––––––––—–––————
1
2
––––––––––––––––––––––––––––––––––––––––––––––––––––––
48.
Sh. Prithvi Raj Gupta
R/o Sunderbani.
49.
Sh. Vindodh Sharma
R/o Kalakote.
50.
Sh. Sunil Kapoor
R/o Kalakote.
51.
Dr. Mohd. Latief
R/o Rajdhani, Thannamandi.
52.
Haji Mohd. Taj
R/o Surankote.
53.
Sh. Hari Krishan Khajuria
R/o Surankote.
54.
Sh. Pradeep Sharma
R/o Poonch.
55.
Sh. Satish Sasan
R/o Poonch.
56.
Sh. Anil Maini
R/o Poonch.
57.
Sh. Zulafqar Pathan
R/o Mendhar.
58.
Sh. Devinder Tandon
R/o Mendhar.
59.
Sh. Sardar Darshan Singh
R/o H. No. 150, Vikram Chowk, Jammu.
60.
Sh. Majeed Zinda Dil
R/o Kupwara.
61.
Sh. Mir Mushtaq
R/o Uri.
62.
Sh. Sardar D. D. Singh
R/o Baramulla.
No. 39 ]
The J&K Govt. Gazette, 24th Dec., 2015/3rd Pausa, 1937.
437
–––––––—––––––––––––––––––––––––––––––––––––––––––––––––———
1
2
––––––––––––––––––––––––––––––––––––––––––––––––––––––
63.
Sh. Mohd. Anwar Khan
R/o Baramulla.
64.
Sh. Ranjeet Tara
R/o Rajouri.
65.
Sh. Bashir Bhat
R/o Rajouri.
66.
Sh. Dinesh
R/o Muradpur, Rajouri.
67.
Sh. Zahid Ahmed
R/o Shahdra Sharief.
This is in continuation of Government Order No. 1090-GAD of 2015
dated 12-08-2015.
By the order of the Government of Jammu and Kashmir.
(Sd.) IMTEEAZ KACHO,
Under Secretary to the Government.
438 The J&K Govt. Gazette, 24th Dec., 2015/3rd Pausa, 1937. [ No. 39
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THE
JAMMU AND KASHMIR GOVERNMENT GAZETTE
––––––––––––––––––––––––––––––––––––––––––––––––––––––
Vol. 128] Jammu, Thu., the 24th Dec., 2015/3rd Pausa, 1937. [ No. 39
––––––––––––––––––––––––––––––––––––––––––––––––––––––
Separate paging is given to this part in order that it may be filed as a
separate compilation.
––––––––––––––––––––––––––––––––––––––––––––––––––––––
PART II––A
Orders by Heads of Departments.
––––––
CHARGE REPORTS
In pursuance to Government Order No. 218-FST of 2015 dated
21-08-2015, issued under endorsement No. FST/Ser/Transfer/15/2010-II
dated 21-08-2015, we the undersigned do hereby handover and takeover
the charge of Member-Secretary, J&K State Pollution Control Board today
on 27-08-2015 (A. N).
(Sd.) JAVED IQBAL PUNJOO, IFS.
Relieved Officer.
(Sd.) VASU YADAV, IFS.
Relieving Officer.
––––––
In compliance to Government Order No. 384-Home of 2015
dated 03-09-2015, the undersigned does hereby assume the charge of the
Office of Director General of Police, Prisons on 04-09-2015.
(Sd.) S. K. MISHRA, IPS,
Director General of Police,
Prisons, J&K, Srinagar.
78 The J&K Govt. Gazette, 24th Dec., 2015/3rd Pausa, 1937. [ No. 39
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THE
JAMMU & KASHMIR GOVERNMENT GAZETTE
––––––––––––––––––––––––––––––––––––––––––––––––––––––
Vol. 128] Jammu, Thu., the 24th Dec., 2015/3rd Pausa, 1937. [ No. 39
––––––––––––––––––––––––––––––––––––––––––––––––––––––
Separate paging is given to this part in order that it may be filed as a
separate compilation.
––––––––––––––––––––––––––––––––––––––––––––––––––––––
PART II––B
Notifications, Notices and Orders by Heads of Departments.
_______
Correction in Parentage
I, Neena Gupta D/o Sh. Amrik Chand Gupta R/o 75-76, Sarwal Colony,
Jammu wants correction of my fathers name which has been wrongly
written in PAN Card as Pawan Kumar Gupta instead of Amrik Chand
Gupta. Now, I am applying for the same. Objection/s any may be conveyed
to concerned authority within seven days from the date of publication of
this notice.
Neena Gupta
D/o Sh. Amrik Chand Gupta,
R/o 75-76, Sarwal Colony, Jammu.
–––––––––
480 The J&K Govt. Gazette, 24th Dec., 2015/3rd Pausa, 1937. [ No. 39
––––––––––––––––––––––––––––––––––––––––––––––––—–––————
OFFICE OF THE COLLECTOR, LAND ACQUISITION
(ADDL. DEPUTY COMMISSIONER),
UDHAMPUR.
Subject :–Notification under sections 9&9A of the Land Acquisition
Act X of 1990 BK.
–––––––
Whereas, the land particulars of which are given below is being
acquired for public purpose viz. for widening of Pathankot-Jammu-Srinagar
National Highway in Village Jakhain, Tehsil and District Udhampur as
notified by the Govt. vide Notification No. 08-Rev (LAJ) of 2015 issued
under endorsement No. Rev/LAJ/68/2007 dated 27-10-2015 and its
possession is likely to be takenover.
Therefore, the owners/interested persons and the Indenting Department
is hereby called upon to attend this office either in person or through an
authorized agent within 15 days from the date of publication of this notice to
state the nature of their respective interests in the land and the amount and
particulars of their claims to compensation for such interests and their
objections, if any, to measurements of land.
Specification of land
District
Tehsil
Village Kh. Nos. Area
––––––––––––––––––––––––––––––––––––––––––––––––––––––
1
2
3
4 5
––––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M. S.
Udhampur
Udhampur
Jakhain
1133
01–05–00
1132
00–05–00
1131
01`–15–00
1130
01–18–08
1129
01–01–03
1128
00–03–03
No. 39 ]
The J&K Govt. Gazette, 24th Dec., 2015/3rd Pausa, 1937.
481
–––––––—––––––––––––––––––––––––––––––––––––––––––––––––———
1126
00–07–05
1125
00–11–01
1123
00–03–04
1124
00–00–02
1122
00–01–00
1121
00–00–02
1120
00–15–01
1111
00–04–00
1110
00–05–00
1109
00–01–03
1107
00–02–00
1108
00–02–07
1106
00–14–00
1104
00–05–00
1103
00–04–00
1102
00–16–00
1101
01–08–00
1035
01–04–00
1034
00–06–00
1
2
3
4 5
––––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M. S.
482 The J&K Govt. Gazette, 24th Dec., 2015/3rd Pausa, 1937. [ No. 39
––––––––––––––––––––––––––––––––––––––––––––––––—–––————
1029
00–05–03
1028
00–02–02
956
00–11–03
952
00–12–02
948
00–04–06
951
00–05–00
867
00–09–04
866
00–12–02
865
00–16–03
864
00–06–06
857
00–01–01
855
00–07–00
854
00–04–00
853
00–03–03
820
00–03–03
819
00–06–00
817
00–18–03
815
00–04–04
812
01–06–00
811
00–03–03
1
2
3
4 5
––––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M. S.
No. 39 ]
The J&K Govt. Gazette, 24th Dec., 2015/3rd Pausa, 1937.
483
–––––––—––––––––––––––––––––––––––––––––––––––––––––––––———
615
00–15–00
616
00–08–00
618
00–02–07
619
00–18–06
623
00–06–00
665
00–04–04
706
01–02–07
707
00–14–07
708
00–04–08
709
00–04–03
710
00–04–04
711
00–16–06
712
00–08–00
716
01–03–03
715
00–09–03
717
00–11–00
718
00–05–05
720
00–12–04
721
00–11–06
728
00–01–07
736
00–07–00
737
00–01–05
1
2
3
4 5
––––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M. S.
484 The J&K Govt. Gazette, 24th Dec., 2015/3rd Pausa, 1937. [ No. 39
––––––––––––––––––––––––––––––––––––––––––––––––—–––————
738
00–11–00
741
00–16–03
760
03–04–00
549
00–12–03
548
00–02–00
546
01–00–00
547
00–04–00
519
02–14–00
527
00–00–06
523
00–00–05
522
00–03–01
521
00–06–07
524
00–00–04
520
00–04–00
474
00–17–00
518
00–18–00
517
00–06–00
516
00–13–03
515
00–10–00
1
2
3
4 5
––––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M. S.
No. 39 ]
The J&K Govt. Gazette, 24th Dec., 2015/3rd Pausa, 1937.
485
–––––––—––––––––––––––––––––––––––––––––––––––––––––––––———
1
2
3
4 5
––––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M. S.
496
00–08–06
494
00–06–00
495
00–02–03
497
00–06–06
493
00–00–02
514
00–10–00
1113
00–00–04
498
00–03–06
–––––––
Total
47–17–03
–––––––
(Sd.) ANGREZ SINGH RANA, KAS,
Collector, Land Acquisition
(Addl. Deputy Commissioner),
Udhampur.
––––––––
Notice
I, Bhavika Kaloo D/o Sh. Suresh Kumar Kaloo R/o H. No. 2, Lane
No. 2-A, Adarsh Nagar, Barnai Road, Bantalab, Jammu do hereby affirm
and declare that my surname is wrongly written in school records i. e.
Kalloo instead of Kaloo, and i want to correct my surname. If anyone have
objection in this regard may conveyed to the concerned authorty within 7
days from publication of this notice.
––––––––
486 The J&K Govt. Gazette, 24th Dec., 2015/3rd Pausa, 1937. [ No. 39
––––––––––––––––––––––––––––––––––––––––––––––––—–––————
GOVERNMENT OF JAMMU AND KASHMIR,
OFFICE OF THE DEPUTY COMMISSIONER,
JAMMU.
Wazarat Road, Jammu-180001 (J&K)-India
Subject :—Declaration under sections 06 & 07 of Land Acquisition Act,
Svt. 1990 for land measuring 01 Kanal 17 Marlas and 04 Sarsai
situated at Village Gujral, Tehsil Jammu West for construction
of road from Chaman Vihar towards extension Colonel Colony
at Kabir Nagar, Talab Tillo, Jammu.
–––––––
Notification No. 09/DCJ of 2015-16.
Whereas, the land whose specifications are given below is needed
for public purposes i. e. for constrcution of road from Chaman Vihar towards
extension Colonel Colony at Kabir Nagar, Talab Tillo in Village Gujral, Tehsil
Jammu West, District Jammu ;
Specification of land
District
Tehsil
Village Kh. Nos. Area
––––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M. S.
Jammu
Jammu
Gujral
186
00–00–05
West
197
00–14–07
200
00–10–08
201
00–11–02
––––––––
Total
01–17–04
––––––––
Whereas, notification required under section 4 (1) of the Land
Acquisition Act, 1990 (Svt.) was issued by the Collector, Land Acquisition,
PWD, Jammu vide endorsement No. LA/225-33 dated 18-05-2015 ;
Whereas, the undersigned duly authorized by the Government vide
SRO-235 and 236 of 2009 dated 11-08-2009 to exercise the powers under
sections 6 & 7 of the Land Acquisition Act, 1990 (Svt.) is satisfied ofter
considering the report furnished by the Collector, Land Acquisition, PWD,
No. 39 ]
The J&K Govt. Gazette, 24th Dec., 2015/3rd Pausa, 1937.
487
–––––––—––––––––––––––––––––––––––––––––––––––––––––––––———
Jammu vide letter No. LA/520-21 dated 18-08-2015 that the land is required
for public purpose viz. for construction of road from Chaman Vihar towards
extension Colonel Colony at Kabir Nagar, Talab Tillo in Village Gujral, Tehsil
Jammu West, District Jammu.
Now, therefore, it is declared under section 6 of the said Act that the
aforementioned land is needed for public purpose.
Further, the Collector, Land Acquisition, PWD, Jammu is directed
under section 7 of the said Act to take order for acquisition of the land of
which specifications are given above and complete further proceedings
under due process.
(Sd.) SIMRANDEEP SINGH, IAS,
Deputy Commissioner,
Jammu.
–––––––
GOVERNMENT OF JAMMU AND KASHMIR,
OFFICE OF THE DEPUTY COMMISSIONER,
JAMMU.
Wazarat Road, Jammu-180001 (J&K)-India
Subject :—Declaration under sections 06 & 07 of Land Acquisition Act,
Svt. 1990 for land measuring 01 Kanal & 08 Marlas situated in
Village Sitni, Tehsil Nagrota, District Jammu for widening/four
lanning of National Highway.
–––––––
Notification No. 08/DCJ of 2015-16.
Whereas, the land whose specifications are given below is needed
for public purposes i. e. for widening/four lanning of National Highway ;
Specification of land
District
Tehsil
Village Kh. Nos. Area
––––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M.
Jammu
Nagrota
Sitni
100 00–04
101 01–04
––––––––
Total 01–08
––––––––
488 The J&K Govt. Gazette, 24th Dec., 2015/3rd Pausa, 1937. [ No. 39
––––––––––––––––––––––––––––––––––––––––––––––––—–––————
Whereas, notification required under section 4 (1) of the Land
Acquisition Act, 1990 (Svt.) was issued by the Collector, Land Acquisition,
Assistant Commissioner (Rev.), Jammu vide his endorsement No. LA/ACR/
NHAI/Sitni/2015-16/168-74 dated 09-06-2014 ;
Whereas, the undersigned duly authorized by the Government vide
SRO-235 and 236 of 2009 dated 11-08-2009 to exercise the powers under
sections 6 & 7 of the Land Acquisition Act, 1990 (Svt.) is satisfied after
considering the report furnished by the Collector, Land Acquisition, Assistant
Commissioner (Rev.), Jammu vide letter No. ACR/LA/NHAI-Sitni/2015-
16/427 dated 19-09-2015 that the land is required for public purpose viz. for
the widening/four lanning of National Highway at Village Sitni, Tehsil
Nagrota, District Jammu.
Now, therefore, it is declared under section 6 of the said Act that the
aforementioned land is needed for public purpose.
Further, the Collector, Land Acquisition, Assistant Commissioner
(Rev.), Jammu is directed under section 7 of the said Act to take order for
acquisition of the land.
(Sd.) SIMRANDEEP SINGH, IAS,
Deputy Commissioner,
Jammu.
––––––––
Notice
My Father’s name has wrongly been written as Arya Mitter instead
of Romesh Chander Gupta in my PAN Card bearing No. CKJPK9226M.
Now, I am applying for correction. Objection, if any, may be conveyed to
concerned authority within 7 days
Rama Khanna
D/o Romesh Chander Gupta,
R/o Q. No. 188, Rehari Colony,
Jammu.
––––––––
No. 39 ]
The J&K Govt. Gazette, 24th Dec., 2015/3rd Pausa, 1937.
489
–––––––—––––––––––––––––––––––––––––––––––––––––––––––––———
IN THE COURT OF SUB-JUDGE, SPECIAL MOBILE
MAGISTRATE, JAMMU.
Present : Anjum Ara
File No. 459.
Date of Instt. 02-11-2015.
Date of Order 02-11-2015.
State Versus Sohail Qasim S/o Mohd. Qasim R/o Gujjar Colony,
Sunjwan, Jammu.
FIR No. 32/2015.
Offence under sections 341, 323 RPC
Police Station, Bahu Fort, Jammu.
In the Matter of :—Application for grant of bail and for cancellation of
General Warrant and proceedings under section
512 Cr. P. C.
Present :
SPO for State.
Accused along with counsel Mr. Monish Chopra, Advocate,
present.
–––––––––
Order
The application in hand has been presented by the applicant seeking
his release on bail and cancellation of warrant issued under section 512
Cr. P. C. today in the Court. Let the same be diarized. The application
seeks his release on bail on the ground that he is educated person and
belongs to very respected family and has earned reputation in the society
as such he deserves the protection of law as he has been falsely implicated
in the above FIR under sections 341, 323 RPC. The applicant was never in
knowledge any such case against him and neither at any point of time he
ever receives any notice or summon and the I/O in a secret manner for
oblique motives presented the chargesheet in absence of applicant in the
court. The FIR is motivated only to harass the applicant and his family at
the behest of complainant in order to counter blast the case of the applicant
as the complainant Ashfaq-ul-Rehman Poswal had caused grievous injuries
to the applicant and the applicant was shifted to hospital where he remained
hospitalized. It was only when the father of applicant approached the police
to enquire about the status of FIR No. 36/2015 which has been registered
against the complainant when they came to know that a challan under
sections 341/323 RPC has also been filed against the applicant way back in
the month of July in the court. He also came to know that proceedings
under section 512 Cr. P. C. had also been initiated by the court. The applicant
is innocent and respectable person and has been wrongly implicated in the
above said case as such he be released on bail.
Objections were also called from the prosecution and main file was
called from the office. The prosecution opposed the application on the ground
that the accused was absconded after registration of case and was not
available to the I/O in the investigation proceedings as such the challan
was presented in his absence and warrant under section 512 Cr. P. C. was
issued against him. The applicant has not surrendered before the court as
such this application is not maintainable and deserves to be outrightly
dismissed. More so the challan is at initial stage and the accused be directed
to remain presented on each and every date of hearing in case bail is granted
to him.
Perusal of main file reveals that the accused person is involved in
FIR No. 32/2015 under sections 341/323 RPC of Police Station, Bahu Fort,
Jammu and challan has been presented in this court in absence of accused
on 11-07-2015. After recording statements I/O and Searching Officer,
proceedings under section 512 Cr. P. C. have been initiated and accordingly
General Warrant of arrest was also issued against the accused.
The accused person subjected himself to the custody of the court and
prayed for lineant view on the ground that he himself was injured in the
occurrence and he has been falsely implicated in the case. It is further
stated that the applicant was not aware about the registration of FIR against
him and about the present challan pending in the court. Since the accused
is involved in bailable offences and subjected himself to the custody of the
court as such he is entitled to be bailed out. More so the accused himself
is Government employee as such there is less possibility that he will abscond
or flee from the justice.
Therefore, keeping in view the facts and circumstances of the case
the application in hand is allowed. Accordingly accused is admitted to bail
subject to furnishing of bail bond and personal bond to the tune of
490 The J&K Govt. Gazette, 24th Dec., 2015/3rd Pausa, 1937. [ No. 39
––––––––––––––––––––––––––––––––––––––––––––––––—–––————
Rs. 10,000/- each with further direction that he will remain present before
the court on each and every date of hearing. In result the General Warrant
of arrest under section 512 Cr. P. C. is hereby cancelled.
Application is disposed off accordingly.
File be compiled and annexed with main challan.
(Sd.) ..................................
Sub-Judge,
Special Mobile Magistrate,
Jammu.
–––––––
GOVERNMENT OF JAMMU AND KASHMIR,
OFFICE OF THE DEPUTY COMMISSIONER,
JAMMU.
Wazarat Road, Jammu-180001 (J&K)-India
Subject :—Declaration under sections 6 & 7 of Land Acquisition Act, Svt.
1990 for land measuring 07 Kanals and 17 Marlas situated at
Village Chak Jogan, Tehsil Suchetgarh for establishment of
BOP (Border Out Post).
–––––––
Notification No. 14/DCJ of 2015-16.
Whereas, the land whose specifications are given below is needed
for public purposes i. e. for establishment of BOP (Border Out Post) situated
at Village Chak Jogan, Tehsil Suchetgarh ;
Specification of land
District
Tehsil
Village Kh. Nos. Area
––––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M.
Jammu
Suchetgarh
Chak Jogan
96
02–17
97
00–06
98
00–15
122
03–19
––––––
Total
07–17
––––––
No. 39 ]
The J&K Govt. Gazette, 24th Dec., 2015/3rd Pausa, 1937.
491
–––––––—––––––––––––––––––––––––––––––––––––––––––––––––———
Whereas, notification required under section 4 (1) of the Land
Acquisition Act, 1990 (Svt.) was issued by the Collector, Land Acquisition,
Sub-Divisional Magistrate, R. S. Pura vide endorsement No. SDM/LA/
BOP-Jugnu Chak/2014-15/2569-74 dated 23-02-2015 ;
Whereas, the undersigned duly authorized by the Government vide
SRO-235 and 236 of 2009 dated 11-08-2009 to exercise the powers under
sections 6 & 7 of the Land Acquisition Act, 1990 (Svt.) is satisfied after
considering the report furnished by the Collector, Land Acquisition,
Sub-Divisional Magistrate, R. S. Pura vide letter No. LA/SDM/RSP/15-
16/1074 dated 07-09-2015 and No. SDMR/LA/2015/1460 dated 12-11-2015
that the land is required for public purpose viz. for establishment of BOP
(Border Out Post).
Now, therefore, it is declared under section 6 of the said Act that the
aforementioned land is needed for public purpose.
Further, the Collector, Land Acquisition, Sub-Divisional Magistrate,
R. S. Pura is directed under section 7 of the said Act to take order for
acquisition of the land of which specifications are given above and complete
further proceedings under due process.
(Sd.) SIMRANDEEP SINGH, IAS,
Deputy Commissioner,
Jammu.
–––––––
Notice
My Father name has wrongly been written as Sandeep Singh Jasrotia
instead of Sh. Surat Singh in my PAN Card bearing No. AIBPJ8409R.
Now, I am applying for correction. Objection, if any, may be conveyed to
concerned authority within 7 days.
Sandeep Singh Jasrotia
S/o Sh. Surat Singh,
R/o Village Badhori,
P/O Rahya.
492 The J&K Govt. Gazette, 24th Dec., 2015/3rd Pausa, 1937. [ No. 39
––––––––––––––––––––––––––––––––––––––––––––––––—–––————
THE
JAMMU AND KASHMIR GOVERNMENT GAZETTE
––––––––––––––––––––––––––––––––––––––––––––––––––––––
Vol. 128] Jammu, Thu., the 24th Dec., 2015/3rd Pausa, 1937. [ No. 39
––––––––––––––––––––––––––––––––––––––––––––––––––––––
Separate paging is given to this part in order that it may be filed as a
separate compilation.
––––––––––––––––––––––––––––––––––––––––––––––––––––––
ADVERTISEMENTS–C
––––––
GOVERNMENT OF JAMMU AND KASHMIR,
DIRECTORATE OF STATE MOTOR GARAGES,
J&K, NEW PLOTS, JAMMU.
Abridged Auction Notice
It is notified for the information of General Public that the State Motor
Garages Department is conducting auction of condemned vehicles/
unserviceable stores etc. of J&K State Road Transport Corporation at the
following places as per the schedule shown against each :––
Place of Auction
Date
Time
––––––––––––––––––––––––––––––––––––––––––––––––––––––
J&K State Road Transport
15-12-2015
1100 hours to 1600 hours.
Corporation at Pampore,
Kashmir.
J&K State Road Transport
16-12-2015
1100 hours to 1600 hours.
Corporation at Bemina,
Srinagar.
J&K State Road Transport
28-12-2015
1100 hours to 1600 hours.
Corporation at Narwal,
Jammu.
A detailed copy of Auction Notice can be had from the Office of
Director/Deputy Director, State Motor Garages Department, New Plots,
Jammu and Deputy Director, State Motor Garages Department, Bemina
Bye-Pass, Srinagar on any working day.
(Sd.) Z. H. CHOUDHARY,
Director,
State Motor Garages Department,
J&K Government.
–––––––
GOVERNMENT OF JAMMU AND KASHMIR,
DIRECTORATE GENERAL, FIRE AND EMERGENCY SERVICES,
J&K, JAMMU.
GIST of e-NIT No. 09 of 2015
Dated 28-11-2015.
For and on behalf of the Governor of J&K State, e-Tenders are
invited from the registered manufacturers/firms, authorized distributors/
dealers for supply of Fire Fighting Delivery Hoses for Fire and Emergency
Services, J&K.
Particulars
Earnest
Cost of tender
Money
document
––––––––––––––––––––––––––––––––––––––––––––––––––––––
Supply of Fire Fighting Delivery
` 01.00 lacs
` 03,000.00.
Hoses
Date of publishing of tender notice
28-11-2015.
Period of downloading of documents
From 30-11-2015 to 21-12-2015.
Date of submission of online documents
30-11-2015 to 21-12-2015.
Date of submission of hard copy
22-12-2015 up to 04.00 P. M.
Date of opening of tender
23-12-2015 or any subsequent
convenient date.
166 The J&K Govt. Gazette, 24th Dec., 2015/3rd Pausa, 1937. [ No. 39
––––––––––––––––––––––––––––––––––––––––––––––––—–––————
The tender documents along with other Terms and Conditions of
the NIT and relevant documents can be downloaded from the website
http://jktenders.gov.in. The tender shall be uploaded in electronic format
on the website http://jktenders.gov.in. The bidders shall have to upload
scanned copy of all necessary documents like CDR/PAN/TIN/Demand
Draft (Tender Fee)/registration certificate duly renewed and hard copies
thereof physically to tender receipting authority well before the date of
opening of the bid. The cost of tender documents shall be in the form of
Bank Draft drawn in favour of Accounts Officer, Fire and Emergency
Services, J&K payable at Srinagar/Jammu and Earnest Money shall be
pledged to Director General, Fire and Emergency Services, J&K. Cost of
tender documents is non-refundable, whileas the Earnest Money is
refundable.
(Sd.) .............................
Accounts Officer,
Fire and Emergency Services,
J&K, Jammu.
––––––––
GOVERNMENT OF JAMMU AND KASHMIR,
DIRECTORATE GENERAL, FIRE AND EMERGENCY SERVICES,
J&K, JAMMU.
GIST of e-NIT No. 10 of 2015
Dated 28-11-2015.
For and on behalf of the Governor of J&K State, e-Tenders are invited
from the registered manufacturers/firms or their authorized dealers/
distributors for supply of Delivery Hose Couplings for Fire and Emergency
Services.
Particulars
Earnest
Cost of tender
Money
document
––––––––––––––––––––––––––––––––––––––––––––––––––––––
1
2
3
––––––––––––––––––––––––––––––––––––––––––––––––––––––
Supply of Fire Delivery Hose
` 01.00 lacs
` 02,000.00.
couplings
No. 39 ]
The J&K Govt. Gazette, 24th Dec., 2015/3rd Pausa, 1937.
167
–––––––—––––––––––––––––––––––––––––––––––––––––––––––––———
Date of publishing of tender notice
28-11-2015.
Period of downloading of documents
From 30-11-2015 to 21-12-2015.
Date of submission of online documents
From 30-11-2015 to 21-12-2015.
Date of submission of hard copy
22-12-2015 up to 04.00 P. M.
Date of opening of tender
23-12-2015 or any subsequent
date.
The tender documents along with other Terms and Conditions of the
NIT and relevant documents can be downloaded from the website
http://jktenders.gov.in. The tender shall be uploaded in electronic format
on the website http://jktenders.gov.in. The bidders shall have to upload
scanned copy of all necessary documents like CDR/PAN/TIN/Demand
Draft (Tender Fee)/registration certificate duly renewed and hard copies
thereof physically to tender receipting authority as per schedule specified.
The cost of tender documents shall be in the form of Bank Draft drawn in
favour of Accounts Officer, Fire and Emergency Services, J&K payable
at Jammu/Srinagar and Earnest Money shall be pledged to Director
General, Fire and Emergency Services, J&K. Cost of tender documents is
non-refundable, whileas the Earnest Money is refundable.
(Sd.) .............................
Accounts Officer,
Fire and Emergency Services,
Jammu.
––––––––
GOVERNMENT OF JAMMU AND KASHMIR,
DIRECTORATE GENERAL, FIRE AND EMERGENCY SERVICES,
J&K, JAMMU.
GIST of e-NIT No. 08 of 2015
Dated 26-11-2015.
For and on behalf of the Governor of J&K State, e-Tenders are
invited from the registered manufacturers/firms, authorized distributors/
1
2
3
––––––––––––––––––––––––––––––––––––––––––––––––––––––
168 The J&K Govt. Gazette, 24th Dec., 2015/3rd Pausa, 1937. [ No. 39
––––––––––––––––––––––––––––––––––––––––––––––––—–––————
dealers for supply of 20 Nos. of Portable 2, Stroke Fire Pumps for Fire
and Emergency Services, J&K.
Particulars
Earnest
Cost of tender
Money
document
––––––––––––––––––––––––––––––––––––––––––––––––––––––
Supply of 20 units of 2 Stroke
` 02.00 lacs
` 05,000.00.
Portable Fire Pumps
Date of publishing of tender notice
26-11-2015.
Period of downloading of documents
From 27-11-2015 to 17-12-2015.
Date of submission of online documents
27-11-2015 to 17-12-2015.
Date of submission of hard copy
19-12-2015 up to 04.00 P. M.
Date of opening of tender
21-12-2015 or any subsequent
convenient date.
The tender documents along with other Terms and Conditions of
the NIT and relevant documents can be downloaded from the website
http://jktenders.gov.in. The tender shall be uploaded in electronic format
on the website http://jktenders.gov.in. The bidders shall have to upload
scanned copy of all necessary documents like CDR/PAN/TIN/Demand
Draft (Tender Fee)/registration certificate duly renewed and hard copies
thereof physically to tender receipting authority well before the date of
opening of the bid. The cost of tender documents shall be in the form of
Bank Draft drawn in favour of Accounts Officer, Fire and Emergency
Services, J&K payable at Srinagar/Jammu and Earnest Money shall be
pledged to Director General, Fire and Emergency Services, J&K. Cost of
tender documents is non-refundable, whileas the Earnest Money is
refundable.
(Sd.) .............................
Accounts Officer,
Fire and Emergency Services,
J&K, Jammu.
––––––––
No. 39 ]
The J&K Govt. Gazette, 24th Dec., 2015/3rd Pausa, 1937.
169
–––––––—––––––––––––––––––––––––––––––––––––––––––––––––———
GOVERNMENT OF JAMMU AND KASHMIR,
OFFICE OF THE SUPERINTENDING ENGINEER,
ELECTRIC PURCHASE CIRCLE-IIND, BEMINA,
SRINAGAR-190010.
Cancellation Notice
In view of poor response, the below mentioned NIT’s are hereby
cancelled :–––
NIT No.
Tender ID
Description of Material
––––––––––––––––––––––––––––––––––––––––––––––––––––––
1
2
3
––––––––––––––––––––––––––––––––––––––––––––––––––––––
EPC-II/12/
2014-PDD
Purchase of 250 KVA, 33/0.433 KV
2014-15
13886-1
Auxiliary Transformer
EPC-II/14/
2014-PDD
Purchase of HV Testing Kit, Oil
2014-15
14169-1
Testing Machine, Megger, AVO
Meter and Hook on Meter
EPC-II/15/
2014-PDD
Purchase of Drill Machine and Core
2014-15
14175-1
Cutter
EPC-II/17/
2014-PDD
Purchase of Welding Machine
2014-15
14185-1
EPC-II/18/
2014-PDD
Purchase of 9 KV, Station Type
2014-15
14285-1
Porcelain Housed Lightening Arrestor
EPC-II/03/
2015-PDD
Purchase of 45 KN, 70 KN and
2015-16
16593-1
120 KN Composite Polymeric Disc
Insulators
(Sd.)..........................
Superintending Engineer,
Electric Purchase Circle-IInd,
Srinagar.
––––––––
170 The J&K Govt. Gazette, 24th Dec., 2015/3rd Pausa, 1937. [ No. 39
––––––––––––––––––––––––––––––––––––––––––––––––—–––————
GOVERNMENT OF JAMMU AND KASHMIR,
OFFICE OF THE GENERAL MANAGER, GOVERNMENT PRESS,
SRINAGAR.
Short Term Tender Notice
Fresh sealed short term tenders affixed with revenue stamps Rs. 6/-
are invited from the interesting parties of registered private printers as well
as binders for printing with binding of JK Law Book Vol. VI as per the
press sample detailed below. The tenders should reach in the office of the
undersigned by or before 22-12-2015 up to 2.00 P. M. The tenders are
likely to be opened on the same day by the Unit Purchase Committee.
S.
Name of item
Quantity
No.
––––––––––––––––––––––––––––––––––––––––––––––––––––––
1.
Printing with Binding of JK Law Vol. VI
2000 books
20'' x 26''/8 of 600 lvs. (approximately)
with deluxe binding as per press sample
Note :––Paper as per estimates and soft copy will be provided by this
department.
Terms and Conditions :
1.
The rates to be quoted FOR Government Press Stores, Srinagar
inclusive of all charges of printing, binding, lifting of printed material
and delivery duly bounded to this press etc.
2.
The interesting parties are requested to attach a CDR/FDR of
Rs. 5000/- or minimum 2% of their respective quoted tender as earnest
money with their tender document pledged to General Manager,
Government Press, Srinagar.
3.
The payment on account of above job shall be made under rules to the
successful tenderer after completion of job, subject to verification by
the department if found according to press sample.
4.
The tenderer shall have to deposit Rs. 50/- in cash (non-refundable)
in this department as cost of tender document and can be had up to
21-12-2015 till 3.00 P. M.
No. 39 ]
The J&K Govt. Gazette, 24th Dec., 2015/3rd Pausa, 1937.
171
–––––––—––––––––––––––––––––––––––––––––––––––––––––––––———
5.
The successful tenderer shall have to deposit personal security to the
tune of Rs. 3.50 lacs before while lifting of printed material, in favour
of General Manager, Government Press, Srinagar to safeguard the
Government materials to be lifted for printing as well as binding
purposes. The successful tenderer shall be personally responsible for
any loss, theft or damage of the Government material.
6.
The successful tenderer shall have to complete the job within 30 days.
7.
The successful tenderer shall have to execute an agreement with this
department.
8.
The retes to be quoted shall remain valid up to 31-03-2016.
9.
In case the successful tenderer backs out the contract, a penalty
minimum of 2% of the allotment order shall be imposed against the
defaulting firm besides, forfeiture of CDR.
10.
In case the binding jobs executed by the successful tenderer are
found defective as per the press sample. The cost of the material
etc. shall be recovered from him and he shall be legally bound to
manage the work done in time.
(Sd.)........................
General Manager.
172 The J&K Govt. Gazette, 24th Dec., 2015/3rd Pausa, 1937. [ No. 39
––––––––––––––––––––––––––––––––––––––––––––––––—–––————
GOVERNMENT OF JAMMU AND KASHMIR
CIVIL SECRETARIAT––HOME DEPARTMENT
Notification
Srinagar, the 26th October, 2015.
SRO-386.––Whereas, on 06-01-2011, a reliable information was,
received at Police Station, Tral to the effect that some militants including
the militant namely Ghulam Mohi-ud-Din Sheikh S/o Ghulam Rasool
R/o Kuchmulla, Tral who had crossed LoC for obtaining arms training has
returned to Valley via Nepal on Pakistani passport and is active in the area
of for subversive activities and to disrupt sovereignty and integrity of the
State ; and
EXTRAORDINARY
REGD. NO. JK—33
THE
JAMMU & KASHMIR GOVERNMENT GAZETTE
Vol. 128] Jammu, Mon., the 26th Oct., 2015/4th Kart., 1937. [No. 30-b
Separate paging is given to this part in order that it may be filed as a
separate compilation.
PART I––B
Jammu and Kashmir Government––Notifications.
———–
Whereas, in this connection, Case FIR No. 04/2011 under
sections 14 of Foreigners Act, 2/3 E&IMCO read with 3/12 Passport
Act (Entry to India) was registered in Police Station, Tral and investigation
initiated ; and
Whereas, during the course of investigation, one of the accused namely
Ghulam Mohi-ud-Din Sheikh S/o Ghulam Rasool R/o Kuchmulla was
apprehended and on the basis of statement of witnesses, seizure memos
and other evidence, the Investigating Officer established a prima facie
case against the accused person under section 3/12 Passport Act, apart
from other offences.
Now, therefore, in exercise of powers conferred under section 15 of
the Passport Act, 1967, the State Government hereby accords sanction
for launching prosecution against the accused person namely Ghulam
Mohi-ud-Din Sheikh S/o Ghulam Rasool R/o Kuchmulla, Tral for commission
of offences punishable under section 3/12 of Passport Act, arising out of
FIR No. 04/2011 of Police Station, Tral.
By order of the Government of Jammu and Kashmir.
(Sd.) ..............................
Principal Secretary to Government,
Home Department.
2
The J&K Govt. Gazette, 26th Oct., 2015/4th Kart., 1937.
[No. 30-b
––––––––––––––––––––––––––––––––––––––––––––––—–––—————
GOVERNMENT OF JAMMU AND KASHMIR
CIVIL SECRETARIAT––REVENUE DEPARTMENT
Notification
Srinagar, the 28th October, 2015.
SRO-393.––In exercise of the powers conferred by clause (b) of
section 3 of the Jammu and Kashmir Grant of Permanent Resident
Certificate (procedure) Act, 1963 (Act No. XIII of 1963), and in
supersession of all the Notifications issued in this behalf, the Government
hereby appoint the following Officers to be the competent authority for
purposes of the said Act, within the territorial jurisdiction shown against
each :––
S. No.
Name of Officer with designation
Jurisdiction
––––––––––––––––––––––––––––––––––––––––––––––––––––––
1.
Shri Harbans Lal, (KAS),
Within territorial
Sub-Divisional Magistrate,
jurisdiction of
Nowshera
Sub-Division Nowshera
2.
Shri Kartar Singh, (KAS),
Within territorial
Sub-Divisional Magistrate,
jurisdiction of
Sunderbani
Sub-Division
Sunderbani
By order of the Government of Jammu and Kashmir.
(Sd.) MUHAMMED AFZAL, IAS,
Secretary to Government,
Revenue Department.
EXTRAORDINARY
REGD. NO. JK—33
PART I––B
Jammu and Kashmir Government––Notifications.
———–
No. 30-i]
The J&K Govt. Gazette, 28th Oct., 2015/6th Kart., 1937.
Wed.
––––––––––––––––––––––––––––––––––––––––––––––—–––—————
GOVERNMENT OF JAMMU AND KASHMIR
CIVIL SECRETARIAT––LABOUR AND EMPLOYMENT
DEPARTMENT
Notification
Srinagar, the 28th October, 2015.
SRO-395.––Whereas, the Management of M/s. Bharti Infratel Ltd.
Srinagar, 3rd Floor, Ansari Complex, Sonwar, Srinagar terminated the
services of its workman namely Feroz Ahmad Bhat S/o Abdul Rashid Bhat
R/o Truck Botpora, Tangmarg, District Baramulla ; and
Whereas, the aforesaid workman raised a dispute against the
Management of M/s. Bharti Infratel Ltd., Srinagar, 3rd Floor, Ansari
EXTRAORDINARY
REGD. NO. JK—33
THE
JAMMU & KASHMIR GOVERNMENT GAZETTE
Vol. 128] Jammu, Wed., the 28th Oct., 2015/6th Kart., 1937. [No. 30-k
Separate paging is given to this part in order that it may be filed as a
separate compilation.
PART I––B
Jammu and Kashmir Government––Notifications.
———–
Complex, Sonwar, Srinagar before the Conciliation Officer (Assistant Labour
Commissioner), Srinagar ; and
Whereas, all efforts were made by Conciliation Officer during the
conciliation proceedings to settle the dispute but both the parties
were adamant on their stand and not willing to settle the dispute through
negotiation ; and
Whereas, the Conciliation Officer (Assistant Labour Commissioner,
Srinagar) submitted his failure report recommending the case for its reference
to the Labour Court for adjudication ; and
Whereas, the Government is of the opinion that an industrial dispute
exists between the Management of M/s. Bharti Infratel Ltd., Srinagar, 3rd
Floor, Ansari Complex, Sonwar, Srinagar and its aforesaid workman ; and
Whereas, the Government considers it desirable to refer the said
dispute to the Labour Court for adjudication.
Now, therefore, in exercise of the powers conferred by clause (c) of
sub-section (1) of section 10 of the Industrial Dispute Act, 1947 (XIV of
1947), the Government hereby refers the said dispute to the Labour Court
for adjudication on the following issues :––
1. Whether the management of M/s. Bharti Infratel Ltd., Srinagar
is legally justified in terminating the services of its workman
namely Feroz Ahmad Bhat ?
2. If not, to what relief he is entitled to ?
By order of the Government of Jammu and Kashmir.
(Sd.) SHAILENDRA KUMAR, IAS,
Commissioner/Secretary to Government,
Labour and Employment Department.
2
The J&K Govt. Gazette, 28th Oct., 2015/6th Kart., 1937.
[No. 30-k
––––––––––––––––––––––––––––––––––––––––––––––—–––—————
GOVERNMENT OF JAMMU AND KASHMIR
CIVIL SECRETARIAT––FINANCE DEPARTMENT
Notification
Jammu, the 10th November, 2015.
SRO-400.––In exercise of the powers conferred by section 5 of
the Jammu and Kashmir Levy of Tolls Act, Samvat 1995 (Act No. VIII
of 1995), the Government hereby exempt from payment of levy of toll
leviable under the said Act, the following furniture items, donated by
M/s Indian Furniture Limited and imported into the State by the Education
EXTRAORDINARY
REGD. NO. JK—33
THE
JAMMU & KASHMIR GOVERNMENT GAZETTE
Vol. 128] Jammu, Tue., the 10th Nov., 2015/19th Kart., 1937. [No. 32-a
Separate paging is given to this part in order that it may be filed as a
separate compilation.
PART I––B
Jammu and Kashmir Government––Notifications.
———–
and Social Welfare Department for use in Primary/Middle Schools in flood
affected areas at Udhampur subject to the condition that the Director,
Education, Jammu/Director, Social Welfare, Jammu certifies that the goods
so imported are exclusively meant for the aforesaid use only :––
S. No.
Description
Quantity
––––––––––––––––––––––––––––––––––––––––––––––––––––––
1.
Composite Desk and Bench
172
Desk Size : 900x450x750 Hmm
Bench Size : 900x250x450 Hmm
2.
Study Podium Table
50
Size : 750x450x750 Hmm
–––––––
Total
222
–––––––
By order of the Government of Jammu and Kashmir.
(Sd.) NAVIN KUMAR CHOUDHARY, IAS,
Commissioner/Secretary to Government,
Finance Department.
2
The J&K Govt. Gazette, 10th Nov., 2015/19th Kart., 1937.
[No. 32-a
––––––––––––––––––––––––––––––––––––––––––––––—–––—————
GOVERNMENT OF JAMMU AND KASHMIR
CIVIL SECRETARIAT––FINANCE DEPARTMENT
Notification
Jammu, the 10th November, 2015.
SRO-401.––In exercise of the powers conferred by sub-section (2)
of section 3 of the Jammu and Kashmir Entry Tax on Goods Act, 2000
(Act No. IV of 2000), the Government hereby exempt from payment of
entry tax, leviable under the said Act, the following furniture items, donated
by M/s Indian Furniture Limited and imported into the State by the Education
EXTRAORDINARY
REGD. NO. JK—33
THE
JAMMU & KASHMIR GOVERNMENT GAZETTE
Vol. 128] Jammu, Tue., the 10th Nov., 2015/19th Kart., 1937. [No. 32-b
Separate paging is given to this part in order that it may be filed as a
separate compilation.
PART I––B
Jammu and Kashmir Government––Notifications.
———–
and Social Welfare Department for use in Primary/Middle Schools in flood
affected areas at Udhampur subject to the condition that the Director,
Education, Jammu/Director, Social Welfare, Jammu certifies that the goods
so imported are exclusively meant for the aforesaid use only :––
S. No.
Description
Quantity
––––––––––––––––––––––––––––––––––––––––––––––––––––––
1.
Composite Desk and Bench
172
Desk Size : 900x450x750 Hmm
Bench Size : 900x250x450 Hmm
2.
Study Podium Table
50
Size : 750x450x750 Hmm
–––––––
Total
222
–––––––
By order of the Government of Jammu and Kashmir.
(Sd.) NAVIN KUMAR CHOUDHARY, IAS,
Commissioner/Secretary to Government,
Finance Department.
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GOVERNMENT OF JAMMU AND KASHMIR
CIVIL SECRETARIAT––REVENUE DEPARTMENT
(Haj and Auqaf Section)
Notification
Jammu, the 18th November, 2015.
SRO-403.––In exercise of the powers conferred by sub- section (1)
of section 6 of the Jammu and Kashmir Wakafs Act, 2001 (Act No III
of 2001), the Government after consulting the Administrator Auqaf Islamia,
EXTRAORDINARY
REGD. NO. JK—33
THE
JAMMU & KASHMIR GOVERNMENT GAZETTE
Vol. 128] Jammu Wed., the 18th Nov., 2015/27th Kart., 1937. [No. 33-b
Separate paging is given to this part in order that it may be filed as a
separate compilation.
PART I––B
Jammu and Kashmir Government––Notifications.
———–
Shadrah Sharief, Rajouri hereby publish land measuring 07 Kanals 14
Marlas under Khasra No. 483 situated at Village Mangota of Tehsil Thanna
Mandi District Rajouri, as Wakaf Property for purpose of the said Act.
By order of the Government of Jammu and Kashmir.
(Sd.) MUHAMMAD AFZAL, IAS,
Secretary to Government.
Revenue Department.
–––––––
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Annexure-II
S. No.
District
Tehsil
Village
Khasra No.
Area
Nature of Property
Remarks
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M. Sft.
1.
Rajouri Thanna Mandi Mangota
483
00––09––00
Ziarat Zakria Shah
Sahib
do.
00––12––00
Masjid
00––04––00
Rasooie
00––04––00
Tanki
06––05––00
Graveyard
–––––––––––
Total
07––14––00
––––––––––––
(Sd.) ................................
Special Officer, Auqaf,
J&K Government.
–––––––
No. 33-b] The J&K Govt. Gazette, 18th Nov., 2015/27th Kart., 1937.
3
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4
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––––––––––––––––––––––––––––––––––––––––––––––—–––—————
THE
JAMMU AND KASHMIR GOVERNMENT GAZETTE
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Vol. 128] Jammu, Fri., the 4th Dec., 2015/13th Agra., 1937. [No. 36-1
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Separate paging is given to this part in order that it may be filed as a
separate compilation.
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
PART IV
Reprint from the Government of India Gazette.
–––––––
EXTRAORDINARY
REGD. NO. JK–33
MINISTRY OF LAW AND JUSTICE
(Legislative Department)
New Delhi, the 23rd October, 2015/Kartika 1, 1937 (Saka).
THE COMMERCIAL COURTS, COMMERCIAL DIVISION AND
COMMERCIAL APPELLATE DIVISION OF HIGH COURTS
ORDINANCE, 2015
No. 8 of 2015
Promulgated by the President in the Sixty-sixth Year of the Republic
of India.
An Ordinance to provide for the constitution of Commercial Courts,
Commercial Division and Commercial Appellate Division in the High Courts
for adjudicating commercial disputes of specified value and for matters
connected therewith or incidental thereto.
Whereas, a Bill to provide for the Constitution of Commercial Courts,
Commercial Division and Commercial Appellate Division in the High Courts
for adjudicating commercial disputes of specified value was introduced in
the Council of States and referred to the Department Related Parliamentary
Standing Committee on Personnel, Public Grievances, Law and Justice for
examination and report which is pending ;
And whereas, Parliament is not in session and the President is satisfied
that circumstances exist which render it necesary for him to take immediate
action.
Now, therefore, in exercise of the powers conferred by clause (1) of
Article 123 of the Constitution, the President is pleased to promulgate the
following Ordinance :—
CHAPTER I
Preliminary
1. Short title, extension and commencement.––(1) This Ordinance
may be called the Commercial Courts, Commercial Division and Commercial
Appellate Division of High Courts Ordinance, 2015.
(2)
It extends to the whole of India, except the State of Jammu and
Kashmir.
(3)
It shall come into force at once.
2.
Definitions.––(1) In this Ordinance, unless the context otherwise
requires,—
(a) “Commercial Appellate Division” means the Commercial
Appellate Division in a High Court constituted under sub-
section (1) of section 5 ;
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(b) “Commercial Court” means the Commercial Court constituted
under sub-section (1) of section 3 ;
(c) “commercial dispute” means a dispute arising out of—
(i) ordinary transactions of merchants, bankers, financiers
and traders such as those relating to mercantile
documents, including enforcement and interpretation of
such documents ;
(ii) export or import of merchandise or services ;
(iii) issues relating to admiralty and maritime law ;
(iv) transactions relating to aircraft, aircraft engines, aircraft
equipment and helicopters, including sales, leasing and
financing of the same ;
(v) carriage of goods ;
(vi) construction and infrastructure contracts, including
tenders ;
(vii) agreements relating to immovable property used
exclusively in trade or commerce ;
(viii) franchising agreements ;
(ix) distribution and licensing agreements ;
(x) management and consultancy agreements ;
(xi) joint venture agreements ;
(xii) shareholders agreements ;
(xiii) subscription and investment agreements pertaining to the
services industry including outsourcing services and
financial services ;
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(xiv) mercantile agency and mercantile usage ;
(xv) partnership agreements ;
(xvi) technology development agreements ;
(xvii) intellectual property rights relating to registered and
unregistered trademarks, copyright, patent, design, domain
names, geographical indications and semi-conductor
integrated circuits ;
(xviii) agreements for sale of goods or provision of services ;
(xix) exploitation of oil and gas reserves or other natural
resources including electromagnetic spectrum ;
(xx) insurance and re-insurance ;
(xxi) contracts of agency relating to any of the above ; and
(xxii) such other commercial disputes as may be notified by
the Central Government.
Explanation :—A commercial dispute shall not cease to
be a commercial dispute merely
because—
(a) it also involves action for recovery
of immovable property or for
realisation of monies out of
immovable property given as
security or involves any other relief
pertaining to immovable property ;
(b) one of the contracting parties is the
State or any of its agencies or
instrumentalities, or a private body
carrying out public functions.
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(d) “Commercial Division” means the Commercial Division in a
High Court constituted under sub-section (1) of section 4 ;
(e) “District Judge” shall have the same meaning as assigned to it
in clause (a) of Article 236 of the Constitution of India ;
(f) “document” means any matter expressed or described upon
any substance by means of letters, figures or marks, or
electronic means, or by more than one of those means, intended
to be used, or which may be used, for the purpose of recording
that matter ;
(g) “notification” means a notification published in the Official
Gazette and the expression “notify” with its cognate meanings
and grammatical variations shall be construed accordingly ;
(h) “Schedule” means the Schedule appended to the
Ordinance ; and
(i) “Specified Value”, in relation to a commercial dispute, shall
mean the value of the subject matter in respect of a suit as
determined in accordance with section 12 which shall not be
less than one crore rupees or such higher value, as may be
notified by the Central Government.
(2) The words and expressions used and not defined in this Ordinance
but defined in the Code of Civil Procedure, 1908 (5 of 1908) and the
Evidence Act, 1872 (1 of 1872), shall have the same meanings respectively
assigned to them in that Code and the Act.
CHAPTER II
Constitution of Commercial Courts, Commercial
Divisions and Commercial Appellate Divisions
3. Constitution of Commercial Courts.––(1) The State Government,
may after consultation with the concerned High Court, by notification,
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constitute such number of Commercial Courts at District level, as it may
deem necessary for the purpose of exercising the jurisdiction and powers
conferred on those Courts under this Ordinance :
Provided that no Commercial Court shall be constituted for the territory
over which the High Court has ordinary original civil jurisdiction.
(2) The State Government shall, after consultation, with the concerned
High Court specify, by notification, the local limits of the area to which the
jurisdiction of a Commercial Court shall extend and may, from time to time,
increase, reduce or alter such limits.
(3) The State Government shall, with the concurrence of the Chief
Justice of the High Court appoint one or more persons having experience in
dealing with commercial disputes to be the Judge or Judges, of a Commercial
Court, from amongst the cadre of Higher Judicial Service in the State.
4. Constitution of Commercial Division of High Court.––(1) In all
High Courts, having ordinary civil jurisdiction, the Chief Justice of the High
Court may, by order, constitute Commercial Division having one or more
Benches consisting of a Single Judge for the purpose of exercising the
jurisdiction and powers conferred on it under this Ordinance.
(2) The Chief Justice of the High Court shall nominate such Judges
of the High Court who have experience in dealing with commercial disputes
to be Judges of the Commercial Division.
5. Constitution of Commercial Appellate Division.––(1) After
issuing notification under sub-section (1) of section 3 or order under sub-
section (1) of section 4, the Chief Justice of the concerned High Court
shall, by order, constitute Commercial Appellate Division having one or
more Division Benches for the purpose of exercising the jurisdiction and
powers conferred on it by the Ordinance.
(2) The Chief Justice of the High Court shall nominate such Judges
of the High Court who have experience in dealing with commercial disputes
to be Judges of the Commercial Appellate Division.
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6. Jurisdiction of Commercial Court.––The Commercial Court
shall have jurisdiction to try all suits and applications relating to a commercial
dispute of a Specified Value arising out of the entire territory of the State
over which it has been vested territorial jurisdiction.
Explanation :—For the purposes of this section, a commercial dispute
shall be considered to arise out of the entire territory of the
State over which a Commercial Court has been vested
jurisdiction, if the suit or application relating to such
commercial dispute has been instituted as per the
provisions of sections 16 to 20 of the Code of Civil Procedure,
1908 (5 of 1908).
7. Jurisdiction of Commercial Divisions of High Courts.––
All suits and applications relating to commercial disputes of a Specified
Value filed in a High Court having ordinary original civil jurisdiction shall be
heard and disposed of by the Commercial Division of that High Court :
Provided that all suits and applications relating to commercial disputes,
stipulated by an Act to lie in a court not inferior to a District Court, and filed
on the original side of the High Court, shall be heard and disposed of by the
Commercial Division of the High Court :
Provided further that all suits and applications transferred to the High
Court by virtue of sub-section (4) of section 22 of the Designs Act, 2000
(16 of 2000) or section 104 of the Patents Act, 1970 (39 of 1970) shall be
heard and disposed of by the Commercial Division of the High Court in all
the areas over which the High Court exercises ordinary original civil
jurisdiction.
8. Bar against revision application or petition against an
interlocutory order.––Notwithstanding anything contained in any other
law for the time being in force, no civil revision application or petition shall
be entertained against any interlocutory order of a Commercial Court,
including an order on the issue of jurisdiction, and any such challenge, subject
to the provisions of section 13, shall be raised only in an appeal against the
decree of the Commercial Court.
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9. Transfer of suit if counter-claim in a commercial dispute is of
Specified Value.––(1) Notwithstanding anything contained in the Code of
Civil Procedure, 1908 (5 of 1908) in the event that a counter-claim filed in
a suit before a civil court relating to a commercial dispute is of Specified
Value, such suit shall be transferred by the civil court to the Commercial
Division or Commercial Court, as the case may be, having territorial
jurisdiction over such suit.
(2) In the event that such suit is not transferred in the manner
contemplated in sub-section (1), the Commercial Appellate Division of the
High Court exercising supervisory jurisdiction over the civil court in question
may, on the application of any of the parties to the suit, withdraw such suit
pending before the civil court and transfer the same for trial or disposal to
the Commercial Court or Commercial Division or, as the case may be,
having territorial jurisdiction over such suit, and such order of transfer shall
be final and binding.
10. Jurisdiction in respect of arbitration matters.–––Where the
subject matter of an arbitration is a commercial dispute of a Specified
Value and—
(1) If such arbitration is an international commercial arbitration,
all applications or appeals arising out of such arbitration under
the provisions of the Arbitration and Conciliation Act, 1996
(26 of 1996) that have been filed in a High Court, shall be
heard and disposed of by the Commercial Appellate Division
where such Commercial Appellate Division has been
constituted in such High Court.
(2) If such arbitration is other than an intemational commercial
arbitration, all applications or appeals arising out of such
arbitration under the provisions of the Arbitration and
Conciliation Act, 1996 (26 of 1996) that have been filed on the
original side of the High Court, shall be heard and disposed of
by the Commercial Appellate Division where such Commercial
Appellate Division has been constituted in such High Court.
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(3) If such arbitration is other than an international commercial
arbitration, all applications or appeals arising out of such
arbitration under the provisions of the Arbitration and
Conciliation Act, 1996 (26 of 1996) that would ordinarily lie
before any principal civil court of original jurisdiction in a district
(not being a High Court) shall be filed in, and heard and
disposed of by the Commercial Court exercising territorial
jurisdiction over such arbitration where such Commercial
Court has been constituted.
11. Bar of jurisdiction of Commercial Courts and Commercial
Divisions.––Notwithstanding anything contained in this Ordinance, a
Commercial Court or a Commercial Division shall not entertain or decide
any suit, application or proceedings relating to any commercial dispute in
respect of which the jurisdiction of the civil court is either expressly or
impliedly barred under any other law for the time being in force.
CHAPTER III
Specified Value
12. Determination of Specified Value.––(1) The Specified Value of
the subject matter of the commercial dispute in a suit, appeal or application
shall be determined in the following manner :—
(a) where the relief sought in a suit or application is for recovery
of money, the money sought to be recovered in the suit or
application inclusive of interest, if any, computed up to the
date of filing of the suit or application, as the case may be,
shall be taken into account, for determining such Specified
Value ;
(b) where the relief sought in a suit, appeal or application relates
to movable property or to a right therein, the market value of
the movable property as on the date of filing of the suit, appeal
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or application, as the case may be, shall be taken into account
for determining such Specified Value ;
(c) where the relief sought in a suit, appeal or application relates
to immovable property or to a right therein, the market value
of the immovable property, as on the date of filing of the suit,
appeal or application, as the case may be, shall be taken into
account for determining Specified Value ;
(d) where the relief sought in a suit, appeal or application relates
to any other intangible right, the market value of the said rights
as estimated by the plaintiff shall be taken into account for
determining Specified Value ; and
(e) where the counter-claim is raised in any suit, appeal
or application, the value of the subject matter of the commercial
dispute in such counter-claim as on the date of the counter-
claim shall be taken into account.
(2) The aggregate value of the claim and counter-claim, if any, as set
out in the statement of claim and the counter-claim, if any, in an arbitration
of a commercial dispute shall be the basis for determining whether such
arbitration is subject to the jurisdiction of a Commercial Division, Commercial
Appellate Division or Commercial Court, as the case may be.
(3) No appeal or civil revision application under section 115 of the
Code of Civil Procedure, 1908 (5 of 1908), as the case may be, shall lie
from an order of a Commercial Division or Commercial Court finding that
it has jurisdiction to hear a commercial dispute under this Ordinance.
CHAPTER IV
Appeals
13. Appeals from decrees of Commercial Courts and Commercial
Divisions.––(1) Any person aggrieved by the decision of the Commercial
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Court or Commercial Division of a High Court may appeal to the Commercial
Appellate Division of that High Court within a period of sixty days from the
date of judgment or order, as the case may be :
Provided that an appeal shall lie from such orders passed by a
Commercial Division or a Commercial Court that are specifically enumerated
under Order XLIII of the Code of Civil Procedure, 1908 (5 of 1908)
as amended by this Ordinance and section 37 of the Arbitration and
Conciliation Act, 1996 (26 of 1996).
(2) Notwithstanding anything contained in any other law for the time
being in force or Letters Patent of a High Court, no appeal shall lie from
any order or decree of a Commercial Division or Commercial Court
otherwise than in accordance with the provisions of this Ordinance.
14. Expeditious disposal of appeals.––The Commercial Appellate
Division shall endeavour to dispose of appeals filed before it within a period
of six months from the date of filing of such appeal.
CHAPTER V
Transfer of Pending Suits
15. Transfer of pending cases.––(1) All suits and applications,
including applications under the Arbitration and Conciliation Act, 1996
(26 of 1996), relating to a commercial dispute of Specified Value pending in
a High Court where a Commercial Division has been constituted, shall be
transferred to the Commercial Division.
(2) All suits and applications, including applications under the
Arbitration and Conciliation Act, 1996 (26 of l996), relating to a commercial
dispute of Specified Value pending in any civil court in any district or area
in respect of which a Commercial Court has been constituted, shall be
transferred to such Commercial Court :
Provided that no suit or application where the final judgment has
been reserved by the Court prior to the constitution of the Commercial
Division or the Commercial Court shall be transferred either under sub-
section (1) or sub-section (2).
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(3) Where any suit or application, including an application under the
Arbitration and Conciliation Act, 1996 (26 of 1996), relating to a commercial
dispute of Specified Value shall stand transferred to the Commercial Division
or Commercial Court under sub-section (1) or sub-section (2), the provisions
of this Ordinance shall apply to those procedures that were not complete at
the time of transfer.
(4) The Commercial Division or Commercial Court, as the case may
be, may hold case management hearings in respect of such transferred suit
or application in order to prescribe new timelines or issue such further
directions as may be necessary for a speedy and efficacious disposal of
such suit or application in accordance with Order XIV-A of the Code of
Civil Procedure, 1908 (5 of 1908) :
Provided that the proviso to sub-rule (1) of Rule 1 of Order V of the
Code of Civil Procedure, 1908 (5 of 1908) shall not apply to such transferred
suit or application and the court may, in its discretion, prescribe a new time
period within which the written statement must be filed.
(5) In the event that such suit or application is not transferred in the
manner specified in sub-section (1), sub-section (2) or sub-section (3), the
Commercial Appellate Division of the High Court may, on the application
of any of the parties to the suit, withdraw such suit or application from the
court before which it is pending and transfer the same for trial or disposal
to the Commercial Division or Commercial Court, as the case may be,
having territorial jurisdiction over such suit, and such order of transfer shall
be final and binding.
CHAPTER VI
Amendments to the Provisions of the Code of Civil
Procedure, 1908
16. Amendments to Code of Civil Procedure, 1908 in its
application to commercial disputes.––(1) The provisions of the Code of
Civil Procedure, 1908 (5 of 1908) shall, in their application to any suit in
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respect of a commercial dispute of a Specified Value, stand amended in the
manner as specified in the Schedule.
(2) The Commercial Division and Commercial Court shall follow the
provisions of the Code of Civil Procedure, 1908 (5 of 1908), as amended
by this Ordinance, in the trial of a suit in respect of a commercial dispute of
a Specified Value.
(3) Where any provision of any rule of the jurisdictional High Court
or any amendment to the Code of Civil Procedure, 1908, by the State
Govemment is in conflict with the provisions of the Code of Civil
Procedure, 1908 (5 of 1908), as amended by this Ordinance, the provisions
of the Code of Civil Procedure as amended by this Ordinance shall prevail.
CHAPTER VII
Miscellaneous
17. Collection and disclosure of data by Commercial Courts,
Commercial Divisions and Commercial Appellate Divisions.––
The statistical data regarding the number of suits, applications, appeals or
writ petitions filed before the Commercial Court, Commercial Division, or
Commercial Appellate Division, as the case may be, the pendency of such
cases, the status of each case, and the number of cases disposed of, shall
be maintained and updated every month by each Commercial Court,
Commercial Division, Commercial Appellate Division and shall be published
on the website of the relevant High Court.
18. Power of High Court to issue directions.––The High Court
may, by notification, issue practice directions to supplement the provisions
of Chapter II or the Code of Civil Procedure, 1908 (5 of 1908) in so far as
such provisions apply to the hearing of commercial disputes of a Specified
Value.
19. Infrastructure facilities.––The State Government shall provide
necessary infrastructure to facilitate the working of a Commercial Court or
a Commercial Division of a High Court.
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20. Training and continuous education.––The State Government
may, in consultation with the High Court, establish necessary facilities
providing for training of Judges who may be appointed to the Commercial
Court, Commercial Division or the Commercial Appellate Division in a High
Court.
21. Act to have overriding effect.––Save as otherwise provided,
the provisions of this Ordinance shall have effect, notwithstanding anything
inconsistent therewith contained in any other law for the time being in force
or in any instrument having effect by virtue of any law for the time being in
force other than this Ordinance.
22. Power to remove difficulties.––(1) If any difficulty arises in
giving effect to the provisions of this Ordinance, the Central Government
may, by order published in the Official Gazette, make such provisions, not
inconsistent with the provisions of this Ordinance as may appear to it to be
necessary or expedient for removing the difficulty :
Provided that no such order shall be made under this section after the
expiry of a period of two years from the date of commencement of this
Ordinance.
(2) Every order made under this section shall be laid, as soon as may
be, after it is made, before each House of Parliament.
–––––––
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SCHEDULE
(See section 17)
1. Amendment of section 26.––In section 26 of the Code of Civil
Procedure, 1908 (5 of 1908) (hereafter referred to as the Code), in
sub-section (2), the following proviso shall be inserted, namely :—
“Provided that such an affidavit shall be in the form and manner
as prescribed under Order VI Rule 15A.”.
2. Substitution of new section for section 35.––For section 35 of
the Code, the following section shall be substituted, namely :—
“35. (1) In relation to any commercial dispute, the Court,
notwithstanding anything contained in any other law for the time
being in force or rule, has the discretion to determine—
(a)
whether costs are payable by one party to another ;
(b) the quantum of those costs ; and
(c) when they are to be paid.
Explanation :—For the purpose of clause (a), the expression ‘‘costs’’
shall mean reasonable costs relating to—
(i)
the fees and expenses of the witnesses incurred ;
(ii)
legal fees and expenses incurred ;
(iii)
any other expenses incurred in connection with the
proceedings.
(2)
If the Court decides to make an order for payment of costs, the
general rule is that the unsuccessful party will be ordered to pay the costs
of the successful party :
Provided that the Court may make an order deviating from the general
rule for reasons to be recorded in writing.
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Illustration :—The Plaintiff, in his suit, seeks a money decree for
breach of contract, and damages. The Court holds that the Plaintiff is
entitled to the money decree. However, it returns a finding that the claim
for damages is frivolous and vexatious.
In such circumstances the Court may impose costs on the Plaintiff,
despite the Plaintiff being the successfull party, for having raised frivolous
claims for damages.
(3)
In making an order for the payment of costs, the Court shall
have regard to the following circumstances, including :—
(a)
the conduct of the parties ;
(b) whether a party has succeeded on part of its case, even if
that party has not been wholly successful ;
(c) whether the party had made a frivolous counter-claim
leading to delay in the disposal of the case ;
(d) whether any reasonable offer to settle is made by a party
and unreasonably refused by the other party ; and
(e)
whether the party had made a frivolous claim and instituted
a vexatious proceeding wasting the time of the Court.
(4) The orders which the Court may make under this provision include
an order that a party must pay—
(a) a proportion of another party’s costs ;
(b) a stated amount in respect of another party’s costs ;
(c) costs from or until a certain date ;
(d) costs incurred before proceedings have begun ;
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(e) costs relating to particular steps taken in the proceedings ;
(f) costs relating to a distinct part of the proceedings ; and
(g)
interest on costs from or until a certain date.”
3.
Amendment of section 35A.—In section 35A of the Code,
sub-section (2) shall be omitted.
4.
Amendment of First Schedule.—In the First Schedule to the
Code :—
(A) in the Order V, in Rule 1, in sub-rule (1), for the second
proviso, the following proviso shall be substituted,
namely :—
‘‘Provided further that where the defendant fails to file the
written statement within the said period of thirty days, he
shall be allowed to file the written statement on such other
day, as may be specified by the Court, for reasons to be
recorded in writing and on payment of such costs as the
Court deems fit, but which shall not be later than one hundred
twenty days from the date of service of summons. On expiry
of one hundred twenty days from the date of service of
summons, the defendant shall forfeit the right to file the
written statement and the Court shall not allow the written
statement to be taken on record.’’;
(B) in Order VI,—
(i) after Rule 3, the following rule shall be inserted,
namely :—
‘‘3A. Forms of pleading in Commercial Courts.—
In a Commercial Dispute, where forms of pleadings
have been prescribed under the High Court Rules or
Practice Directions made for the purposes of
such commercial disputes, pleadings shall be in such
forms.’’ ;
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(ii) after Rule 15, the following rule shall be inserted,
namely :—
‘‘15A. Verification of pleadings in a
Commercial Dispute.—(1) Notwithstanding
anything contained in Rule 15, every pleading in a
Commercial Dispute shall be verified by an affidavit
in the manner and form prescribed in the Appendix
to this Schedule.
(2) An affidavit under sub-rule (1) above shall be signed
by the party or by one of the parties to the proceedings,
or by any other person on behalf of such party or
parties who is proved to the satisfaction of the Court
to be acquainted with the facts of the case and who is
duly authorised by such party or parties.
(3) Where a pleading is amended, the amendments must
be verified in the form and manner referred to in sub-
rule (1) unless the Court orders otherwise.
(4) Where a pleading is not verified in the manner provided
under sub-rule (1), the party shall not be permitted to
rely on such pleading as evidence or any of the matters
set out therein.
(5) The Court may strike out a pleading which is not
verified by a Statement of Truth, namely, the affidavit
set out in the Appendix to this Schedule.’’ ;
(C) in Order VII, after Rule 2, the following rule shall be
inserted, namely : —
‘‘2A. Where interest is sought in the suit.—(1) Where
the plaintiff seeks interest, the plaint shall contain a
statement to that effect along with the details set out under
sub-rules (2) and (3).
(2)
Where the plaintiff seeks interest, the plaint shall state
whether the plaintiff is seeking interest in relation to a
commercial transaction within the meaning of section 34 of
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the Code of Civil Procedure 1908 (5 of 1908) and,
furthermore, if the plaintiff is doing so under the terms of a
contract or under an Act, in which case the Act is to be
specified in the plaint ; or on some other basis and shall
state the basis of that.
(3)
Pleadings shall also state—
(a)
the rate at which interest is claimed ;
(b)
the date from which it is claimed ;
(c)
the date to which it is calculated ;
(d)
the total amount of interest claimed to the date of
calculation ; and
(e)
the daily rate at which interest accrues after that
date.’’ ;
(D) in Order VIII,—
(i) in Rule 1, for the proviso, the following proviso shall
be substituted, namely :—
‘‘Provided that where the defendant fails to file the
written statement within the said period of thirty days,
he shall be allowed to file the written statement on
such other day, as may be specified by the Court, for
reasons to be recorded in writing and on payment of
such costs as the Court deems fit, but which shall not
be later than one hundred twenty days from the date
of service of summons. On expiry of one hundred
twenty days from the date of service of summons, the
defendant shall forfeit the right to file the written
statement and the Court shall not allow the written
statement to be taken on record.’’ ;
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(ii) after Rule 3, the following rule shall be inserted,
namely :—
‘‘3A. Denial by the defendant in suits before the
Commercial Division of the High Court or the
Commercial Court––
(1) Denial shall be in the manner provided in
sub-rules (2), (3), (4) and (5) of this rule.
(2) The defendant in his written statement shall state
which of the allegations in the particulars of plaint
he denies, which allegations he is unable to admit
or deny, but which he requires the plaintiff to prove,
and which allegations he admits.
(3) Where the defendant denies an allegation of fact
in a plaint, he must state his reasons for doing so
and if he intends to put forward a different version
of events from that given by the plaintiff, he must
state his own version.
(4) If the defendant disputes the jurisdiction of the
Court he must state the reasons for doing so, and
if he is able, give his own statement as to which
Court ought to have jurisdiction ;
(5) If the defendant disputes the plaintiffs valuation
of the suit, he must state his reasons for doing so,
and if he is able, give his own statement of the
value of the suit.’’ ;
(iii) in Rule 5, in sub-rule (1), after the first proviso, the
followmg proviso shall be inserted, namely :—
‘‘Provided further, that every allegation of fact in
the plaint, if not denied in the manner provided under
Rule 3A of this Order, shall be taken to be admitted
except as aginst a person under disability.’’ ;
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(iv) in Rule 10, after the first proviso, the following proviso
shall be inserted, namely : —
‘‘Provided further that no Court shall make an order
to extend the time provided under Rule 1 of this Order
for filing of the written statement.’’ ;
(E) for Order XI of the Code, the following Order shall be
substituted, namely :—
‘‘ORDER XI
DISCLOSURE, DISCOVERY AND INSPECTION OF
DOCUMENTS IN SUITS BEFORE THE COMMERCIAL DIVISION
OF A HIGH COURT OR A COMMERCIAL COURT
1.
Disclosure and discovery of documents.—(1) Plaintiff shall
file a list of all documents and photocopies of all documents, in its power,
possession, control or custody, pertaining to the suit, along with the plaint,
including :––
(a) Documents referred to and relied on by the plaintiff
in the plaint ;
(b) Documents relating to any matter in question in the proceedings,
in the power, possession, control or custody of the plaintiff, as
on the date of filing the plaint, irrespective of whether the same
is in support of or adverse to the plaintiffs case ;
(c) nothing in this rule shall apply to documents produced by
plaintiffs and relevant only—
(i)
for the cross-examination of the defendant’s
witnesses ; or
(ii) in answer to any case setup by the defendant
subsequent to the filing of the plaint ; or
(iii) handed over to a witness merely to refresh his memory.
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(2) The list of documents filed with the plaint shall specify whether
the documents in the power, possession, control or custody of the plaintiff
are originals, office copies or photocopies. The list shall also set out in brief,
details of parties to each document, mode of execution, issuance or receipt
and line of custody of each document.
(3) The plaint shall contain a declaration on oath from the plaintiff
that all documents in the power, possession, control or custody of the plaintiff,
pertaining to the facts and circumstances of the proceedings initiated by
him have been disclosed and copies thereof annexed with the plaint, and
that the plaintiff does not have any other documents in its power, possession,
control or custody.
Explanation :—A declaration on oath under this sub-rule shall be contained
in the Statement of Truth as set out in the Appendix.
(4) In case of urgent filings, plaintiff may seek leave to rely on
additional documents, as part of the above declaration on oath and subject
to grant of such leave by Court, the plaintiff shall file such additional
documents in Court, within thirty days of filing the suit, along with a
declaration on oath that the plaintiff has produced all documents in its power,
possession, control or custody, pertaining to the facts and circumstances of
the proceedings initiated by the plaintiff and that the plaintiff does not have
any other documents, in its power, possession, control or custody.
(5) Plaintiff shall not be allowed to rely on documents, which were in
the plaintiffs power, possession, control or custody and not disclosed along
with plaint or within the extended period set out above, save and except by
leave of Court. Such leave shall be granted only upon the plaintiff establishing
reasonable cause for non-disclosure along with the plaint.
(6) The plaint shall set out details of documents, which the plaintiff
believes to be in the power, possession, control, or custody of the defendant
and which the plaintiff wishes to rely upon and seek leave for production
thereof by the said defendant.
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(7) Defendant shall file a list of all documents and photocopies of all
documents, in its power, possession, control or custody, pertaining to the
suit, along with the written statement or with its counter-claim, if any,
including :––
(a) documents referred to and relied on by the defendant in the
written statement ;
(b) documents relating to any matter in question in the proceeding
in the power, possession, control or custody of the defendant,
irrespective of whether the same is in support of or adverse to
the defendant’s defense ;
(c) nothing in this rule shall apply to documents produced by
defendants and relevant only—
(i) for the cross-examination of the plaintiffs witnesses ;
(ii) in answer to any case setup by the plaintiff subsequent to
the filing of the plaint ; or
(iii) handed over to a witness merely to refresh his memory.
(8) The list of documents filed with the written statement or
counter-claim shall specify whether the documents, in the power, possession,
control or custody of the defendant, are originals, office copies or
photocopies. The list shall also set out in brief, details of parties to each
document being produced by the defendant, mode of execution, issuance
or receipt and line of custody of each document.
(9) The written statement or counter-claim shall contain a declaration
on oath made by the deponent that all documents in the power, possession,
control or custody of the defendant, save and except for those set out in
sub-rule 7 (c)(iii) above, pertaining to the facts and circumstances of the
proceedings initiated by the plaintiff or in the counter-claim, have been
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disclosed and copies thereof annexed with the written statement or
counter-claim and that the defendant does not have in its power, possession,
control or custody, any other documents.
(10) Save and except for sub-rule 7 (c)(iii), defendant shall not be
allowed to rely on documents, which were in the defendant’s power,
possession, control or custody and not disclosed along with the written
statement or counter-claim, save and except by leave of Court. Such leave
shall be granted only upon the defendant establishing reasonable cause for
non-disclosure along with the written statement or counter-claim.
(11) The written statement or counter-claim shall set out details of
documents in the power, possession, control or custody of the plaintiff,
which the defendant wishes to rely upon and which have not been disclosed
with the plaint, and call upon the plaintiff to produce the same.
(12) Duty to disclose documents, which have come to the notice of
a party, shall continue till disposal of the suit.
2.
Discovery by Interrogatories.—(1) In any suit the plaintiff or
defendant by leave of the Court may deliver interrogatories in writing for
the exammation of the opposite parties or any one or more of such parties,
and such interrogatories when delivered shall have a note at the foot
thereof stating which of such interrogatories each of such persons is required
to answer :
Provided that no party shall deliver more than one set of interrogatories
to the same party without an order for that purpose :
Provided further that interrogatories which do not relate to any matters
in question in the suit shall be deemed irrelevant, notwithstanding that they
might be admissible on the oral cross-examination of a witness.
(2) On an application for leave to deliver interrogatories, the particular
interrogatories proposed to be delivered shall be submitted to the Court,
and that Court shall decide within seven days from the day of filing of the
said application, in deciding upon such application, the Court shall take into
account any offer, which may be made by the party sought to be interrogated
to deliver particulars, or to make admissions, or to produce documents
relating to the matters in question, or any of them, and leave shall be given
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as to such only of the interrogatories submitted as the Court shall consider
necessary either for disposing fairly of the suit or for saving costs.
(3) In adjusting the costs of the suit inquiry shall at the instance of
any party be made into the propriety of exhibiting such interrogatories, and
if it is the opinion of the taxing officer or of the Court, either with or without
an application for inquiry, that such interrogatories have been exhibited
unreasonably, vexatiously, or at improper length, the costs occasioned by
the said interrogatories and the answers thereto shall be paid in any event
by the party in fault.
(4) Interrogatories shall be in the form provided in Form No. 2 in
Appendix C to the Code of Civil Procedure, 1908 (5 of 1908), with such
variations as circumstances may require.
(5) Where any party to a suit is a corporation or a body of persons,
whether incorporated or not, empowered by law to sue or be sued, whether
in its own name or in the name of any officer of other person, any opposite
party may apply for an order allowing him to deliver interrogatories to any
member or officer of such corporation or body, and an order may be made
accordingly.
(6) Any objection to answering any interrogatory on the ground that
it is scandalous or irrelevant or not exhibited bona fide for the purpose of
the suit, or that the matters inquired into are not sufficiently material at that
stage, or on the ground of privilege or any other ground may be taken in the
affidavit in answer.
(7) Any interrogatories may be set aside on the ground that they
have been exhibited unreasonably or vexatiously, or struck out on the ground
that they are prolix, oppressive, unnecessary or scandalous and any
application for this purpose may be made within seven days after service
of the interrogatories.
(8) Interrogatories shall be answered by affidavit to be filed within
ten days, or within such other time as the court may allow.
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(9) An affidavit in answer to interrogatories shall be in the form
provided in Form No. 3 in Appendix C to the Code of Civil Procedure,
1908 (5 of 1908), with such variations as circumstances may require.
(10) No exceptions shall be taken to any affidavit in answer, but the
sufficiency or otherwise of any such affidavit objected to as insufficient
shall be determined by the court.
(11) Where any person interrogated omits to answer, or answers
insufficiently, the party interrogating may apply to the court for an order
requiring him to answer, or to answer further, as the case may be, and an
order may be made requiring him to answer, or to answer further, either
affidavit or by viva voce examination, as the court may direct.
3.
Inspection.—(1) All parties shall complete inspection of all
documents disclosed within thirty days of the date of filing of the written
statement or written statement to the counter-claim, whichever is later.
The Court may extend this time limit upon application at its discretion, but
not beyond thirty days in any event.
(2) Any party to the proceedings may seek directions from the
Court, at any stage of the proceedings, for inspection or production of
documents by the other party, of which inspection has been refused by
such party or documents have not been produced despite issuance of a
notice to produce.
(3) Order in such application shall be disposed of within thirty days
of filing such application, including filing replies and rejoinders (if permitted
by Court) and hearing.
(4) If the above application is allowed, inspection and copies thereof
shall be furnished to the party seeking it, within five days of such order.
(5) No party will be permitted to rely on a document, which it had
failed to disclose or of which inspection has not been given, save and except
with leave of Court.
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(6) Court may impose exemplary costs against a defaulting party,
who wilfully or negligently failed to disclose all documents pertaining to a
suit or essential for a decision therein and which are in their power,
possession, control or custody or where a Court holds that inspection or
copies of any documents had been wrongfully or unreasonably withheld or
refused.
4.
Admission and denial of documents.—(1) Each party shall
submit a statement of admissions or denials of all documents disclosed and
of which inspection has been completed, within fifteen days of the completion
of inspection or any later date as fixed by the Court.
(2) The statement of admissions and denials shall set out explicitly,
whether such party was admitting or denying—
(a) Correctness of contents of a document ;
(b) Existence of a document ;
(c) Execution of a document ;
(d) Issuance or receipt of a document ;
(e) Custody of a document.
Explanation :—A statement of admission or denial of the existence of a
document made in accordance with sub-rule 3(2)(b) of
the modified Order XI will include the admission or denial
of the contents of a document.
(3) Each party shall set out reasons for denying a document under
any of the above grounds. Bare and unsupported denials shall not be deemed
to be denials of a document and proof of such documents may then be
dispensed with at the discretion of the Court.
(4) Any party may however submit bare denials for third party
documents of which the party denying does not have any personal knowledge
of, and to which the party denying is not a party to in any manner
whatsoever.
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(5) An Affidavit in support of the statement of admissions and denials
shall be filed confirming the correctness of the contents of the statement.
(6) In the event that the Court holds that any party has unduly
refused to admit a document under any of the above criteria, costs
(including exemplary costs) for deciding on admissibility of a document
may be imposed by the Court on such party.
(7) Court may pass orders with respect to admitted
documents including for waiver of further proof thereon or rejection of any
documents.
5. Production of documents.––(1) Any party to a proceeding may
seek or the Court may order, at any time during the pendency of any suit,
production by any party or person, of such documents in the possession or
power of such party or person, relating to any matter in question in such
suit.
(2) Notice to produce such document shall be issued in the
form provided in Form No. 7 in Appendix C to the Code of Civil
Procedure, 1908 (5 of 1908).
(3) Any party or person to whom such notice to produce is issued
shall be given not less than seven days and not more than fifteen days to
produce such document or to answer to their inability to produce such
document.
(4) The Court may draw an adverse inference against a party refusing
to produce such document after issuance of a notice to produce and where
sufficient reasons for such non-production are not given and order costs.
6. Electronic records.––(1) In case of disclosures and inspection of
electronic records (as defined in the Information Technology Act, 2000)
(21 of 2000) furnishing of printouts shall be sufficient compliance of the
above provisions.
(2) At the discretion of the parties or where required (when parties
wish to rely on audio or video content), copies of electronic records may be
furnished in electronic form either in addition to or in lieu of printouts.
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(3) Where electronic records form part of documents disclosed, the
declaration on oath to be filed by a party shall specify––
(a) parties to such electronic record ;
(b) manner in which such electronic record was produced and by
whom ;
(c) dates and time of preparation or storage or issuance or receipt
of each such electronic record ;
(d) Source of such electronic record and date and time when the
electronic record was printed ;
(e) in case of email ids, details of ownership, custody and access
to such email ids ;
(f) in case of documents stored on a computer or computer
resource (including on external servers or cloud), details of
ownership, custody and access to such data on the computer
or computer resource ;
(g) deponent’s knowledge of contents and correctness of
contents ;
(h) whether the computer or computer resource used for preparing
or receiving or storing such document or data was functioning
properly or in case of malfunction that such malfunction did
not affect the contents of the document stored ;
(i) that the printout or copy furnished was taken from the original
computer or computer resource.
(4) The parties relying on printouts or copy in electronic form, of any
electronic records, will not be required to give inspection of electronic records,
provided a declaration is made by such party that each such copy, which
has been produced, has been made from the original electronic record.
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(5) The Court may give directions for admissibility of electronic records
at any stage of the proceedings.
(6) Any party may seek directions from the Court and the Court may
of its motion issue directions for submission of further proof of any electronic
record including metadata or logs before admission of such electronic record.
7. Certain provisions of the Code of Civil Procedure, 1908 not
to apply.––For avoidance of doubt, it is is hereby clarified that Order XIII
Rule 1, Order VII Rule 14 and Order VIII Rule 1A the Code of Civil
Procedure, 1908 (5 of 1908) shall not apply to suits or applications before
the Commercial Divisions of High Court or Commercial Courts.”.
5. Insertion of new Order XIII-A.––After Order XIII of the Code,
the following order shall be inserted, namely :—
“ORDER XIII-A
1. Scope of and classes of suits to which this order applies.–– (1)
This order sets out the procedure by which Courts may decide a claim
pertaining to any Commercial Dispute without recording oral evidence.
(2) For the purposes of this order, the word “claim” shall
include––
(a) part of a claim ;
(b) any particular question on which the claim (whether in whole
or in part) depends ; or
(c) a counter-claim, as the case may be.
(3) Notwithstanding anything to the contrary, an application for
summary judgment under this order shall not be made in a suit in respect of
any Commercial Dispute that is originally filed as a summary suit under
Order XXXVII.
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2. Stage for application for summary judgment.––An applicant
may apply for summary judgment at any time after summons has been
served on the defendant :
Provided that, no application for summary judgment may be made by
such applicant after the Court has framed the issues in respect of the suit.
3. Grounds for summary judgment.––The Court may give a
summary judgment against a plaintiff or defendant on a claim if it considers
that—
(a) the plaintiff has no real prospect of succeeding on the claim or
the defendant has no real prospect of successfully defending
the claim, as the case may be ; and
(b) there is no other compelling reason why the claim should not
be disposed of before recording of oral evidence.
4. Procedure.––(1) An application for summary judgment to a
Court shall, in addition to any other matters the applicant may deem
relevant, include the matters set forth in sub-rules (a) to (f) mentioned
hereunder––
(a) the application must contain a statement that it is an application
for summary judgment made under this order ;
(b) the application must precisely disclose all material facts and
identify the point of law, if any ;
(c) in the event the applicant seeks to rely upon any documentary
evidence, the applicant must—
(i)
include such documentary evidence in its application ; and
(ii)
identify the relevant content of such documentary
evidence on which the applicant relies.
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(d) the application must state the reason why there are no real
prospects of succeeding on the claim or defending the claim,
as the case may be ;
(e) the application must state what relief the applicant is seeking
and briefly state the grounds for seeking such relief.
(2) Where a hearing for summary judgment is fixed, the respondent
must be given at least thirty days’ notice of,––
(a) the date fixed for the hearing ; and
(b) the claim that is proposed to be decided by the Court at such
hearing.
(3) The respondent may, within thirty days of the receipt of notice of
application of summary judgment or notice of hearing (whichever is earlier),
file a reply addressing the matters set forth in sub-rules (a) to (f) mentioned
hereunder in addition to any other matters that the respondent may deem
relevant––
(a) The reply must precisely—
(i) disclose all material facts ;
(ii) identify the point of law, if any ; and
(iii) state the reasons why the relief sought by the applicant
should not be granted.
(b) in the event the respondent seeks to rely upon any documentary
evidence in its reply, the respondent must––
(i) include such documentary evidence in its reply ; and
(ii) identify the relevant content of such documentary
evidence on which the respondent relies.
(c) the reply must state the reason why there are real prospects
of succeeding on the claim or defending the claim, as the case
may be ;
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(d) the reply must concisely state the issues that should be framed
for trial ;
(e) the reply must identify what further evidence will be brought
on record at trial that could not be brought on record at the
stage of summary judgment ; and
(f) the reply must state why, in light of the evidence or material
on record, if any, the Court should not proceed to summary
judgment.
5. Evidence for hearing of summary judgment.––
(1) Notwithstanding anything in this order, if the respondent in an application
for summary judgment wishes to rely on additional documentary evidence
during the hearing, the respondent must,––
(a) file such documentary evidence ; and
(b) serve copies of such documentary evidence on every other
party to the application at least fifteen days prior to the date of
the hearing.
(2) Notwithstanding anything in this order, if the applicant for summary
judgment wishes to rely on documentary evidence in reply to the defendant’s
documentary evidence, the applicant must––
(a) file such documentary evidence in reply ; and
(b) serve a copy of such documentary evidence on the respondent
at least five days prior to the date of the hearing.
(3) Notwithstanding anything to the contrary, sub-rules (1) and (2)
above shall not require documentary evidence to be––
(a) filed if such documentary evidence has already been filed ; or
(b) served on a party on whom it has already been served.
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6. Orders that may be made by the Court.––(1) On an application
made under this order, the Court may make such orders that it may deem
fit in its discretion including the following :––
(a) judgment on the claim ;
(b) conditional order in accordance with Rule 7 mentioned
hereunder ;
(c) dismissing the application ;
(d) dismissing part of the claim and a judgment on part of the
claim that is not dismissed ;
(e) striking out the pleadings (whether in whole or in part) ; or
(f) further directions to proceed for case management under
Order XVA.
(2) Where the Court makes any of the orders as set forth in
sub-rule (l)(a) to (f) above, the Court shall record its reasons for making
such order.
7. Conditional order.––(1) Where it appears to the Court that it is
possible that a claim or defence may succeed but it is improbable that it
will do so, the Court may make a conditional order as set forth in Rule 6(b)
above.
(2) Where the Court makes a conditional order, it may,––
(a) make it subject to all or any of the following conditions :–––
(i) require a party to deposit a sum of money in the Court ;
(ii) require a party to take a specified step in relation to the
claim or defence, as the case may be ;
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(iii) require a party, as the case may be, to give such security
or provide such surety for restitution of costs as the Court
deems fit and proper ;
(iv) impose such other conditions, including providing security
for restitution of losses that any party is likely to suffer
during the pendency of the suit, as the Court may deem
fit in its discretion ; and
(b) specify the consequences of the failure to comply with the
conditional order, including passing a judgment against the party
that have not complied with the conditional order.
8. Power to impose costs.––The Court may make an order for
payment of costs in an application for summary judgment in accordance
with the provisions of sections 35 and 35A of the Code.”.
6. Ommission of Order XV.––Order XV of the Code shall be omitted.
7. Insertion of Order XV-A.––After Order XV of the Code, the
following Order shall be inserted, namely :––
“ORDER XV-A
1. First Case Management Hearing.––The Court shall hold the
First Case Management Hearing, not later than four weeks from the date
of filing of affidavit of admission or denial of documents by all parties to
the suit.
2. Orders to be passed in a Case Management Hearing.––In a
Case Management Hearing, after hearing the parties, and once it finds that
there are issues of fact and law which require to be tried, the Court may
pass an order—
(a) framing the issues between the parties in accordance with
Order XIV of the Code of Civil Procedure, 1908 (5 of 1908)
after examining pleadings, documents and documents produced
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before it, and on examination conducted by the Court under
Rule 2 of Order X, if required ;
(b) listing witnesses to be examined by the parties ;
(c) fixing the date by which affidavit of evidence to be filed by
parties ;
(d) fixing the dates on which evidence of the witnesses of the
parties to be recorded ;
(e) fixing the date by which written arguments are to be filed
before the Court by the parties ;
(f) fixing the date on which oral arguments are to be heard by the
Court ; and
(g) setting time limits for parties and/or their advocates to address
oral arguments.
3. Time limit for the completion of a trial.––In fixing dates or setting
time limits for the purposes of Rule 2 of this order, the Court shall ensure
that the arguments are closed not later than six months from the date of the
first case management hearing.
4. Recording of oral evidence on a day-to-day basis.––The Court
shall, as far as possible, ensure that the recording of evidence shall be
carried on, on a day-to-day basis until the cross-examination of all the
witnesses is complete.
5. Case Management Hearings during a trial.––The Court may,
if necessary, also hold Case Management Hearings anytime during the trial
to issue appropriate orders so as to ensure adherence by the parties to the
dates fixed under Rule 2 and facilitate speedy disposal of the suit.
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6. Powers of the Court in a Case Management Hearing.––(1) In
any Case Management Hearing held under this order, the Court shall have
the power to––
(a) prior to the framing of issues, hear and decide any pending
application filed by the parties under Order XIIIA ;
(b) direct parties to file compilations of documents or pleadings
relevant and necessary for framing issues ;
(c) extend or shorten the time for compliance with any practice,
direction or Court order if it finds sufficient reason to do so ;
(d) adjourn or bring forward a hearing if it finds sufficient reason
to do so ;
(e) direct a party to attend the Court for the purposes of
examination under Rule 2 of Order X ;
(f) consolidate proceedings ;
(g) strike off the name of any witness or evidence that it deems
irrelevant to the issues framed ;
(h) direct a separate trial of any issue ;
(i) decide the order in which issues are to be tried ;
(j) exclude an issue from consideration ;
(k) dismiss or give judgment on a claim after a decision on a
preliminary issue ;
(1) direct that evidence be recorded by a Commission where
necessary in accordance with Order XXVI ;
(m) reject any affidavit of evidence filed by the parties for containing
irrelevant, inadmissible or argumentative material ;
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(n) strike off any parts of the affidavit of evidence filed by the
parties containing irrelevant, inadmissible or argumentative
material ;
(o) delegate the recording of evidence to such authority appointed
by the Court for this purpose ;
(p) pass any order relating to the monitoring of recording, the
evidence by a commission or any other authority ;
(q) order any party to file and exchange a costs budget ;
(r) issue directions or pass any order for the purpose of managing
the case and furthering the overriding objective of ensuring
the efficient disposal of the suit.
(2) When the Court passes an order in exercise of its powers under
this order, it may––
(a) make it subject to conditions, including a condition to pay a
sum of money into Court ; and
(b) specify the consequence of failure to comply with the order
or a condition.
(3) While fixing the date for a Case Management Hearing, the Court
may direct that the parties also be present for such case management
hearing, if it is of the view that there is a possibility of settlement between
the parties.
7. Adjournment of Case Management Hearing.––(1) The Court
shall not adjourn the Case Management Hearing for the sole reason that
the advocate appearing on behalf of a party is not present :
Provided that an adjournment of the hearing is sought in advance by
moving an application, the Court may adjourn the hearing to another date
upon the payment of such costs as the Court deems fit, by the party moving
such application.
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(2) Notwithstanding anything contained in this rule, if the Court is
satisfied that there is a justified reason for the absence of the advocate, it
may adjourn the hearing to another date upon such terms and conditions it
deems fit.
8. Consequences of non-compliance with orders.––Where any
party fails to comply with the order of the Court passed in a Case
Management Hearing, the Court shall have the power to––
(a) condone such non-compliance by payment of costs to the
Court ;
(b) foreclose the non-compliant party’s right to file affidavits,
conduct cross-examination of witnesses, file written
submissions, address oral arguments or make further arguments
in the trial, as the case may be ; or
(c) dismiss the plaint or allow the suit where such non-compliance
is wilful, repeated and the imposition of costs is not adequate
to ensure compliance.”.
8. Amendment of Order XVIII.––In Order XVIII of the Code, in
Rule 2, for sub-rules (3A), (3B), (3D), (3E) and (3F), the following shall be
substituted, namely :—
“(3A) A party shall, within four weeks prior to commencing the
oral arguments, submit concisely and under distinct headings
written arguments in support of his case to the Court and such
written arguments shall form part of the record.
(3B) The written arguments shall clearly indicate the provisions
of the laws being cited in support of the arguments and the citations
of judgments being relied upon by the party and include copies of
such judgments being relied upon by the party.
(3C) A copy of such written arguments shall be furnished
simultaneously to the opposite party.
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(3D) The Court may, if it deems fit, after the conclusion of
arguments, permit the parties to file revised written arguments
within a period of not more than one week after the date of
conclusion of arguments.
(3E) No adjournment shall be granted for the purpose of filing the
written arguments unless the Court, for reasons to be recorded in
writing, considers it necessary to grant such adjournment.
(3F) It will be open for the Court to limit the time for oral
submissions having regard to the nature and complexity of the
matter.”.
9. Amendment of Order XVIII.––In Order XVIII of the Code, in
Rule 4, after sub-rule (1), the following sub-rules shall be inserted,
namely :—
(1A) The affidavits of evidence of all witnesses whose evidence
is proposed to be led by a party shall be filed simultaneously by
that party at the time directed in the first case management hearing.
(1B) A party shall not lead additional evidence by the affidavit of
any witness (including of a witness who has ahready filed an
affidavit) unless sufficient cause is made out in an application for
that purpose and an order, giving reasons, permitting such additional
affidavit is passed by the Court.
(1C) A party shall however have the right to withdraw any
of the affidavits so filed at any time prior to commencement of
cross-examination of that witness, without any adverse inference
being drawn based on such withdrawal :
Provided that any other party will be entitled to tender as evidence
and rely upon any admission made in such withdrawn affidavit.”.
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10. Amendment to Order XIX.––In Order XIX of the Code, after
Rule 3, the following rules shall be inserted, namely :—
“4. Court may control evidence.––(1) The Court may, by
directions, regulate the evidence as to issues on which it requires
evidence and the manner in which such evidence may be placed
before the Court.
(2) The Court may, in its discretion and for reasons to be recorded
in writing, exclude evidence that would otherwise be produced by
the parties.”.
5. Redacting or rejecting evidence.––A Court may, in its discretion,
for reasons to be recorded in writing—
(i) redact or order the redaction of such portions of the affidavit
of examination-in-chief as do not, in its view, constitute
evidence ;
(ii) return or reject an affidavit of examination-in-chief as not
constituting admissible evidence.
6. Format and guidelines of affidavit of evidence.––An affidavit
must comply with the form and requirements set forth below––
(a) such affidavit should be confined to, and should follow the
chronological sequence of, the dates and events that are
relevant for proving any fact or any other matter dealt with ;
(b) where the Court is of the view that an affidavit is a mere
reproduction of the pleadings, or contains the legal grounds of
any party’s case, the Court may, by order, strike out the
affidavit or such parts of the affidavit, as it deems fit and
proper ;
(c) each paragraph of an affidavit should, as far as possible, be
confined to a distinct portion of the subject ;
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(d) an affidavit shall state––
(i) which of the statements in it are made from the deponent’s
own knowledge and which are matters of information or
belief ; and
(ii) the source for any matters of information or belief.
(e) an affidavit should––
(i) have the pages numbered consecutively as a separate
document (or as one of several documents contained in a
file) ;
(ii) be divided into numbered paragraphs ;
(iii) have all numbers, including dates, expressed in
figures ; and
(iv) if any of the documents referred to in the body of the
affidavit are annexed to the affidavit or any other pleadings,
give the annexures and page numbers of such documents
that are relied upon.”.
11. Amendment of Order XX.––In Order XX of the Code, for
Rule 1, the following rule shall be substituted, namely :—
“(1) The Commercial Court, Commercial Division, or Commercial
Appellate Division, as the case may be, shall, within ninety days
of the conclusion of arguments, pronounce judgment and copies
thereof shall be issued to all the parties to the dispute through
electronic mail or otherwise.”.
––––––
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APPENDIX
Statement of Truth
(Under First Schedule, Order VI-Rule 15A
and Order X-Rule 1)
Statement of Truth by [party position and name of
party in full] I, the deponent above-named, do hereby
solemnly affirm and declare as under––
1. I am [name of party and relevant details] in the above
suit and competent to swear this affidavit.
2. I am sufficiently conversant with the facts of the
case and have also examined all relevant documents
and records in relation thereto.
3. I say that the statements made in [mention specific
paragraph numbers] paragraphs are true to my
knowledge and statements made in [mention specific
paragraph numbers] paragraphs are based on
information received which I believe to be correct
and statements made in [mention specific paragraph
numbers] are based on legal advice.
4. I say that there is no false statement or concealment
of any material fact, document or record and I have
included information that is according to me, relevant
for the present suit.
5. I say that all documents in my power, possession,
control or custody, pertaining to the facts and
circumstances of the proceedings initiated by me
have been disclosed and copies thereof annexed with
the plaint, and that I do not have any other documents
in my power, possession, control or custody.
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6. I say that the above-mentioned pleading comprises
of a total of [number of pages] pages, each of which
has been signed by me.
7. I state that the annexures hereto are true copies of
the documents referred to and relied upon by me.
8. I say that I am aware that for any false statement or
concealment, I shall be liable for action taken against
me under the law.
Place :
Date :
VERIFICATION
The statements made above are true to my knowledge.
Verified at [place] on this [date]
DEPONENT
PRANAB MUKHERJEE,
President.
–––––––
(Sd.) DR. G. NARAYANA RAJU,
Secretary to the Government of India.
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