Jammu and Kashmir Court May 1975 Judgments
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Dhani Ram Vs. State
Court: Jammu and Kashmir
Decided on: May-21-1975
Reported in: 1976CriLJ152
ORDERMufti, J.1. This is a revision petition by the accused who was convicted by the trial Court of Munsiff, Judicial Magistrate 1st Class, Jammu, under Section 447, R. P. C- and sentenced to undergo rigorous imprisonment for one month and pay a fine of Rs. 100/-- In default of payment of fine he was required to undergo further 15 days' rigorous imprisonment. The accused went in appeal to the Sessions Court. The appeal was heard by the Additional Sessions Judge, Jammu, who maintained the conviction and the sentence imposed on the accused and dismissed the appeal.2. The prosecution case was that On 19-3-1970 the accused forcibly entered upon the land under survey Nos. 722/727 situated in village Gool, Tehsil Jammu in the possession of Dev Asthan Bawa Sei Nath and started ploughing the same to the exclusion of Dev Asthan. Their further case was that Dev Asthan had entered into possession in March 1965 in pursuance of the orders of Munsiff, Jammu, and had ever since continued in possessio...
Vijay Kumar Vs. District Magistrate and ors.
Court: Jammu and Kashmir
Decided on: May-08-1975
Reported in: 1975CriLJ1528
Jaswant Singh, C.J.1. This reference by Hqn'ble Mufti Baha-ud-Din Farooqi, J., arises in the following circumstances:By order No. 36 of 1975 made by the District Magistrate, Jammu, on February 7, 1975, in exercise of the power conferred on him by Section 3(2) read with Section 5 of the Maintenance of Internal Security Act, 1971 (hereinafter referred to as 'the Act') the petitioner who is a citizen of India and a permanent resident of the State was ordered to be detained with a view to preventing him from acting in any manner prejudicial to the maintenance of public order. The grounds of detention were served on the petitioner on February 11, 1975, pursuant to the District Magistrate's order of even date. On February 25, 1975, the petitioner filed before this Court a petition under Article 32(2-A) of the Constitution of India read with Section 103 of the State Constitution being petition No. 287 of 1975, challenging his detention contending inter alia that Section 8(1) of the Act which ...
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