Jammu and Kashmir Court June 2011 Judgments
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Sumit Singh Vs. State of Jammu and Kashmir and ors.
Court: Jammu and Kashmir
Decided on: Jun-08-2011
1. The petitioner-Sumit Singh has filed this Petition questioning District Magistrate, Sambas order No.01/PSA of 2010 dated 19.08.2010, whereby he was ordered to be detained in Preventive Custody under Section 8 of the Jammu and Kashmir Public Safety Act, 1978 and for issuance of directions to set him to liberty. 2. Appearing for the detenue, his learned counsel Mr. Kuldip Singh Parihar submitted that the material relied upon by the Detaining Authority was supplied to him only in part and the main document on which the learned District Magistrate had relied upon, i.e., the Police Dossiers submitted by the Senior Superintendent of Police, Samba was not supplied to him. The omission to supply the Police Dossier, according to the learned counsel, had deprived the detenue of his right to make effective Representation against the Detention to the Government thereby rendering the Detention unconstitutional. 3. Learned counsel further submitted that the grounds relied upon by the learned Di...
Buti Ram Vs. Kirpal Singh and ors.
Court: Jammu and Kashmir
Decided on: Jun-08-2011
1. The facts giving rise to the filing of this Petition may be stated thus:- Land measuring 2 kanals 18 marlas comprised in Khasra Nos.534 (2 kanals-8 marlas) and 535 (10 marlas), situated at village Khepar of Tehsil R.S.Pura was mortgaged with possession to Kirpal Singh-respondent. Mutation No.284 was attested on 25.07.1998 by the Tehsildar(Settlement), R.S.Pura, whereby a change was effected in the revenue records. 2. Aggrieved by the Mutation, the petitioner-Buti Ram, the allottee of the land, filed an Appeal before the Sub Divisional Magistrate, R.S.Pura, who found that the learned Tehsildar had erred in attesting the Mutation, in that, he had not followed the mandatory provisions of Standing Order No. 23-A before attesting the Mutation. 3. It was further found that the principles of Natural Justice had been violated as Kirpal Singh was not heard by him before attestation of the Mutation. The Jammu and Kashmir Special Tribunal set aside the Sub Divisional Magistrates order on Kir...
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