Jammu and Kashmir Court June 1998 Judgments
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State Vs. Jagir Singh and ors.
Court: Jammu and Kashmir
Decided on: Jun-29-1998
Reported in: 1999CriLJ614
Arun Kumar Goel, J. 1. This appeal is directed against the judgment passed by Judicial Magistrate 1st Class, Hiranagar on 13-5-1986 whereby respondents have been acquitted of the offences under Sections 323, 324, 392/109 read with Section 34 of the Ranbir Penal Code, for which offences all of them had been tried. Respondents 1 to 3 along with their father Jetha Singh were prosecuted and tried before the trial Court. Record of this appeal shows that during the pendency of the appeal Jetha Singh died.2. In brief prosecution case against the respondents was that on 17-6-1981 Kulbhushan Singh, Salesman of Farmers' Services Society (hereinafter referred to as complainant) was on his way from the office of Society which is situated at Kahna Chak, when he was in between Kahna Chak and Kandhey Chak, he was way-laid by the respondents but he somehow managed to escape. Again he was caught hold of by the respondents and was administered danda blow, kirpan blow and fist blows by the respondents. N...
State of J. and K. Vs. Darshan Singh and ors.
Court: Jammu and Kashmir
Decided on: Jun-29-1998
Reported in: 1999CriLJ1249
ORDERAbdul Qadir Parray, J.1. This criminal reference has been made by learned Sessions Judge, Anantnag for passing proper and appropriate orders in the matter as is required under law.2. The facts in brief which have given rise to the present reference are that the Police Station Qazigund filed an FIR No. 25 of 1995 against the person of Darshan Singh, Mushtaq Ahmad and Abdul Majid and while conducting investigation of the case, police seized property viz. forest produce like Discoria 43 bags and 72 fruit boxes containing Discoria, Dhoop 45 bags, Koklipoot 9 bags, Kour 64 bags etc. and same was seized by the police.3. Two applications seem to have been moved before the Judicial Magistrate, Dooru. One by Haji Ghulam Qadir and the other by Range Officer Qazigund. It seems that one more application was presented by Advocate Mohammad Yosuf Naik on behalf of Block Forest Officer, Qazigund. All these applicants have prayed for release of the seized property in their favour.4. Learned Judici...
Shanker Vs. Dy. Commissioner and ors.
Court: Jammu and Kashmir
Decided on: Jun-26-1998
Reported in: 2005(1)JKJ520
O.P. Sharma, J.1. Petitioner's case is that he was in possession of land measuring 10 kanals comprising khasra No. 549-min. situate in village Kawa Tehsil Udhampur. Since the land was owned by the state, he was entitled to its ownership under LB-6/C of 1958 because he was holding the possession much prior to 1957. However, Tehsildar Udhampur by order dated 25-11-75, directed his eviction from the aforesaid land. This order of Tehsildar was challenged by him in Appeal No. 139/1972-73 titled Shanker v. State, which was allowed by the Dy. Commissioner by his order dated 22-09-73. The Deputy Commissioner while allowing the appeal not only set-aside the order of ejectment passed by the Tehsildar, Udhampur but also directed him to mutate the aforesaid land in the name of the petitioner under Government Order No. LB-6/C of 1958. So, petitioner's possession over the land was maintained. Latter this land was acquired by the State and award made in 1994 but since the mutation was not attested in...
Chief Conservator of Forests Vs. Mohammad Ismail Dar and ors.
Court: Jammu and Kashmir
Decided on: Jun-24-1998
Reported in: 1999CriLJ1697
ORDERSyed Bashir-Ud-Din, J.1. Order dated 14-10-1997 of Munsiff, Judicial Magistrate, Pulwama along with proceedings in file No. 17/C of 97 on the file of Judicial Magistrate, Pulwama are under challenge and prayed to be quashed under Section 561-A, Cr.P.C. on grounds to follow hereafter.2. That the order of Magistrate, releasing the spares and parts of the Bandsaw Machine, mentioned in his order of release (after these articles were seized by the Chief Conservator of Forests) under Section 26 of Forest Act and provisions of Criminal Procedure Code is illegal in so far as these articles have been seized by the Chief Conservator of Forest in exercise of his executive powers vested in him by Jammu and Kashmir Saw Milling Regulation Act. No complaint or case has been lodged against the petitioners before the Magistrate. There is no case pending against them. Therefore, the release of the articles under the provision of the Forest Act is illegal in so far as the Magistrate concerned has ju...
Hilal Ahmad Bhat Vs. Addl. Chief Secretary Home and anr.
Court: Jammu and Kashmir
Decided on: Jun-23-1998
Reported in: 1999CriLJ3657
ORDERSyed Bashir-Ud-Din, J.1. Petitioner through his father has challenged his detention ordered by District Magistrate, Srinagar-respondent No. 2 on 27-12-97 for a period of 18 months on following grounds :-2. That the petitioner has neither been referred to the Advisory Board constituted under P.S. Act within prescribed time period, nor the Board has made any report with respect to sufficiency of grounds or otherwise of the detention of the petitioner. The detenu has not been informed of his right to make representation to the Govt. against the detention which renders his detention illegal. Neither the grounds nor the material referred to in the grounds of detention has been supplied to detenu, thereby the detenu has been deprived of an opportunity of making an effective representation against the detention. The grounds supplied were not intelligible to him and the grounds served in English were not accompanied by a transcript or translation in Urdu or Kashmiri. The petitioner has be...
Associate Dean/incharge Academic and Administration, Faculty of Veteri ...
Court: Jammu and Kashmir
Decided on: Jun-01-1998
Reported in: AIR1999J& K113
Syed Bashir-ud-din, J.1. Respondents Mohd. Hyder and Javid Ahmad Baba are students of BVSC Course of Sheri-Kashmir University of Agricultural Sciences and Technology Shalimar, hereinafter, 'SKUAST'. They have been admitted for the Session March, 1995. Both have been dropped from the programme of BVSC and allied programme vide notifications dated 26-6-97 (Annexure P6 and P7 to main writ petition) because they failed to secure the minimum OG PA of 1.250 required for continuation under Regulation 16 of Regulations on Resident Instruction. These notifications (Annexures P6 and P7) are under challenge in the writ jurisdiction of this Court. The writ petition is at pre-admission stage. Co-extensive with the main petition, operation of the impugned orders where under petitioners were dropped from BVSC and AH programme are stayed, subject to the objections of the other side. This interlocutory order of stay of the notifications came up before the learned single Bench of this Court on 26-12-199...
Gulam Mohd. Shah Vs. State of J. and K. and ors.
Court: Jammu and Kashmir
Decided on: Jun-01-1998
Reported in: 1998CriLJ4653
ORDERSyed Bashir-Ud-Din, J.1. Petitioner through his brother had challenged the detention order vide Order 117/DMP of 1997 dated 6-8-1997 by Respondent No. 2 on the ground that the detention is illegal and violates the fundamental and statutory rights of the detenue. The detaining authority has not applied its mind to the facts of the case and the detention arrived at. is without subjective satisfaction. The detenue has not been furnished the material and documents referred in the grounds of detention. The copy of FIR referred in the grounds has not been as well supplied to him. The' grounds have not been effectively communicated to the detenue and thereby he has been deprived of his right to make representation against the detention to the Government. The detention is ordered on mala fide consideration.2. Respondent State despite being afforded repeated opportunities, spreading over last over eight months has not opted to file the counter. The Government Advocate Mr. R.A. Khan, has no...
Kanshi Ram and ors. Vs. Smt. Morni
Court: Jammu and Kashmir
Decided on: Jun-01-1998
Reported in: 1999CriLJ409
ORDERArun Kumar Goel, J.1. This revision is directed against the order passed by the Judicial Magistrate 1st Class, Billawar on 22-11-1996 (Annexure-P6), whereby the application of the petitioners for dropping the proceedings initiated against them while taking cognizance on the complaint of the respondent under Section 452, 149, 325, 147 and 148, RPC was dismissed by the trial Magistrate.2. Present case purely hinges around a legal proposition as to how the Magistrate has to act when a complaint is filed before him and the same is forwarded under Section 156(3) of the Code of Criminal Procedure to the police, and thereafter on the same facts a complaint is filed and after having recorded the preliminary evidence trial Magistrate issues process, when it also relates to the facts which are subject-matter of the complaint forwarded to the police calling for its report.3. In order to properly appreciate the respective submissions brief facts need to be noticed. Parties are not at variance...
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