Jammu and Kashmir Court January 2000 Judgments
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Harsh Dev Singh, Mla Vs. State of J and K
Court: Jammu and Kashmir
Decided on: Jan-29-2000
Reported in: 2003(2)JKJ767
O.P. Sharma, J. 1. The petitioner is a member of the State Legislative Assembly. He has challenged the vires of Jammu and Kashmir Essential Services Maintenance Ordinance and its use against the employees of the State Government who are on strike to seek enforcement of the Government Order No. : 58-F of 1998 dated 5th Feb. 1998 providing the manner in which the arrears of pay and allowances were to be released. The relief prayed by the petitioner is that the ordinance may be declared ultra-vires and non-est & consequently the arrest of the Government employees and their suspension be nullified being without jurisdiction.2. The contention of the petitioner is that since Section 5 of the Jammu & Kashmir Constitution Act, 1996 was omitted in November 1951, all laws made by His Highness in exercise of the power conferred by this section have ceased to exist. However, this argument is no-longer res-integra for this court in view of the judgement of the Apex Court in 'Rehman Shangoo and Ors....
Gul Lone and ors. Vs. State of J. and K.
Court: Jammu and Kashmir
Decided on: Jan-22-2000
Reported in: 2001CriLJ3518
O.P. Sharma, J.1. Gul Lone, Nazir and Bashir Palla are the appellants. While Gul Lone has been convicted Under Section 304, Part-I, RPC and sentenced to imprisonment for seven years by the Sessions Judge, Pulwama by judgment dated 30-8-1986. He and the other two appellants were also convicted Under Section 324/34, RPC and sentenced to imprisonment for 2 1/2 years. The genesis of the occurrence is possession of the land which Mst. Saja had inherited from her father. Appellant Gul Lone is her son from her marriage with Ama Lone. After the death of Ama Lone she contracted second marriage with P.W. Ghulam Hassan Lone. A son by the name of Nissar Ahmed was born to her from this marriage. After her death mutation of the land owned by Mst. Gaja was attested in favour of the appellant Gul Lone and Nissar Ahmed vide mutation No. 332 of village Kathu Pallen, Tehsil Shopian. It appears PW Ghulam Hassan Lone was not prepared to share the property with Gul Lone A-1 who as son of Mst. Gaja from her ...
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