Jammu and Kashmir Court March 1974 Judgments
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L. Amir Chand Sadhu Ram Vs. Excise and Taxation Commissioner and ors.
Court: Jammu and Kashmir
Decided on: Mar-29-1974
Reported in: [1975]36STC87(NULL)
D.D. Thakur, J.1. This is a writ petition under Section 103 of the Constitution of Jammu and Kashmir read with Article 226 of the Constitution of India.2. The only question which falls for determination in this petition is whether the amendment in Rule 4 of the Rules framed under the General Sales Tax Act, 1962, would apply retrospectively so as to include within its ambit the licences issued before the date of the amendment. The circumstances in which the question has arisen may be narrated thus :3. The petitioner-firm, it is stated, was entitled to exemption from payment of sales tax in whole under Section 5 of the General Sales Tax Act, 1962, as the firm dealt in locally purchased goods. That the firm was entitled to an exemption licence under Section 5 of the Act is not disputed. An exemption licence in fact was issued in favour of the petitioner for the accounting year 1972-73.4. Section 5 of the Act provides that exemption licence can be issued subject to such restrictions and co...
Assad Ganai Vs. State and ors.
Court: Jammu and Kashmir
Decided on: Mar-13-1974
Reported in: 1974CriLJ1103
ORDERMufti Bhaha-Ud-Din Farooqi, J.1. This rule is directed against an order dated 28-9-1972 of Shree Lakhpat Rai, Tehsildar, Executive Magistrate 1st Class Pahalgham, the relevant portion whereof is in these words:Perused the file and considered the statements of the witnesses. The evidence adduced by the applicant lends support to his application. The witnesses have unanimously slated that the applicant apprehends imminent breach of peace from the non-applicants-because the non-applicants pick up quarrels-with him every time which shows that there is apprehension of imminent breach of peace-on spot on the part of the non-applicants. Accordingly it is necessary that action should be taken against the non-applicants under Section 117, Criminal Procedure Code. I, therefore, direct that the non-applicants shall furnish personal bonds in a sum of Rupees 500/- each with surety for a like amount undertaking that for a period of one year they will not commit any act which might occasion brea...
Municipality Jammu Vs. Krishen Chand
Court: Jammu and Kashmir
Decided on: Mar-05-1974
Reported in: 1974CriLJ1104
S. Murtaza Fazl Ali, C.J.1. This is an appeal by the complainant, Municipality Jammu, by way of special leave under Section 417(2) of the Criminal Procedure Code against an order of the Sessions Judge, Jammu dated 10-4-70 acquitting the accused respondent of the charge under Sections 7/16 of the Jammu and Kashmir Prevention of Food Adulteration Act, 1958 (hereinafter referred to as the Act). The prosecution case was that P.W. Dharam Pal, Food Inspector, visited the shop of the accused, Krishan Chand who runs a grocer's shop at Kanak Mandi, Jammu and bought a sample of Desi Ghee, and paid the price thereof. The complainant Food Inspector then prepared three samples, one of which was given to the accused, the other sent to the Public Analyst and the third was retained by the Food Inspector. The report of the Public Analyst, Mr. Kaul, shows that the Ghee sold to the Food Inspector by the respondent was adulterated. The report of the Public Analyst is Ex. P. E. A complaint was lodged by th...
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