Jammu and Kashmir Court May 2001 Judgments
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Range Officer, Kalakot Range, District Rajouri and ors. Vs. Bal Krisha ...
Court: Jammu and Kashmir
Decided on: May-31-2001
Reported in: AIR2002J& K42
ORDERT.S. Doabia, J. 1. Question of propriety and jurisdiction in the matter of exercise of jurisdiction on the part of the Sessions Judge, Rajouri while exercising revisional jurisdiction is involved in this petition, preferred for quashing the order passed in two Criminal Revisions No. 13/2000 and 14/2000 on 28-4-2000.2. It is submitted that the Sessions Judge Rajouri who was under order of transfer should not exercise the jurisdiction in this matter. It is also urged that in case the Sessions Judge was to reverse the order under revision, then he should have made recommendation to this Court in terms of Section 438 of the Code of Criminal Procedure. It is also urged that when this Court had taken cognizance of the matter under Section 561A, Cr. P.C. and a petition bearing No. 16/2000 was pending in this Court, then least which was required on the part of the learned Sessions Judge, Rajouri was to keep his hands offthe file. Though these issues have been urged with great vehemence on...
Saif-ud-dIn Barbhuiya Vs. Union of India (Uoi) and ors.
Court: Jammu and Kashmir
Decided on: May-31-2001
Reported in: 2002CriLJ3159
ORDERTejinder Singh Doabia, J.1. The petitioner was found to have committed civil offence falling within the purview of Section 376(1) of the Penal Code. He was charged under Section 69 of the Army Act. The Officer Commanding of the Unit considered the matter and decided to try the petitioner in a summary General Court Martial. An order to this effect was passed. Members, Waiting Members, Judge Advocate and Lawyers were nominated. The trial commenced. The statement of the prosecutrix and other witnesses came to be recorded. The prosecutrix Miss. R.D. appeared as P.W. 2. She gave her age as 14 years. She stated that on 2-9-1996 along with her Mausi (mother's sister) and Miss. K.D. were returning back after seeing the Ladakhi Festival. She stated that near Juma Bagh opposite to Artilop Guest. Room, a blue coloured Gypsy was there. The driver offered a lift to her Mausi. The two ladies along with prosecutrix got into the Gypsy. After while she noticed her mother and father coming from the...
Gh. Mohammad Lone Vs. Abdul Rashid Dar
Court: Jammu and Kashmir
Decided on: May-29-2001
Reported in: 2001CriLJ4561
ORDERSyed Bashir-Ud-Din, J.1. Application Gh. Mohd. Lone filed OWP No. 495/87 for pension as Legislature of the J. and K. Assembly. The writ petition was disposed of on 16-10-1998 upholding the applicants claim for pension. The Court observed :-The position in this case though not exactly similar, is some what similar. The fact remains that Ghulam Quadir Mir was unable to complete his tenure and he was elected in a bye-election. The petitioner in this case was also elected in a bye-election. The circumstances under which this bye-election was caused are different. But this difference would be totally irrelevant for the legal results. The bye-election did occur. The petitioner was elected. To this extent there is similarity. Independently of the above Act has been amended. Any member who have completed two years becomes eligible for pension.Thus looking from any point of view this petition deserves to be allowed. This petition is accordingly allowed and the petitioner is held entitled t...
Shakir HussaIn Vs. State and ors.
Court: Jammu and Kashmir
Decided on: May-16-2001
Reported in: 2002CriLJ1203
ORDERR.C. Gandhi, J.1. The petitioner by means of this petition seeks issuance of writ of Certiorari to quash Detention Order No. PSA/DM/JC/01/DODA dated 18-3-2001 issued by respondent No. 2 and the grounds of detention prepared by the detaining authority. He further seeks an interim direction to the respondents not to implement the detention order and to restrain them from taking the petitioner in preventive custody on the basis of detention order.2. Respondents having found the petitioner involved in subversive activities, in connivance with the militants of the outlawed outfit H.M., with the purpose to carry out militant activities in furtherance of the aims of the said outfit which can prove hazardous, devastative and dangerous to the security of the State of J. and K. and nation as well, have directed the preventive detention of the petitioner. In the grounds of detention, it has been recorded that the petitioner has his links with militants of HM outfit being their sympathiser/fi...
Sardar Sardool Singh Vs. Teja Singh
Court: Jammu and Kashmir
Decided on: May-16-2001
Reported in: 2002CriLJ2318
ORDERSyed Bashir-Ud-Din, J.1. Order dated 12-9-1987 of 2nd Addl. Sessions Judge, Srinagar in revision against order dated 19-9-1984 of Judicial Magistrate (Judge Small Causes Court) Srinagar in Criminal file 27/15 of 1987 titled Sardar Sardool Singh v. State is impugned in this revision petition.2. On report of P. S. Shergari that the dispute likely to cause breach of peace in respect of shop at Amirakadal, Srinagar. The Judicial Magistrate after recording satisfaction passed preliminary order under Section 145(1), Cr.P.C. followed by an order of attachment under Proviso 3 to Sub-section (4) of Section 145, Cr.P.C. The other side appearing in the proceedings moved the Magistrate for dropping the proceedings on the ground that the factum of possession of the shop has been finally decided and adjudicated by the two Civil Courts of City Judge, Srinagar and Addl. District & Sessions Judge, Srinagar. The Magistrate vide impugned order dropped the proceedings after affording opportunities to...
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