Court : Jammu and Kashmir
Reported in : AIR1999J& K55
..... ram became owner of the property in question when its ownership was granted to him in accordance with the provisions of the jammu and kashmir big landed estates abolition act, 2007 (1950 a.d.). since this was not self-acquired property of the deceased, as such he had no right to alienate and or 'will' away the same, since ..... 'living person' includes a company or association or body of individuals, whether incorporated or not, but nothing-herein contained shall affect any law for the time being in force relating to transfer of properly to or by companies, associations or bodies of individu-als.] 11. acknowledged and recognised modes of transfer of property under law i.e. ..... and examined by the i st appellate court while upholding the decree of the trial court dismissing the appeal of the plaintiffs.16. in (19886) 3 scc 360 : (air 1986 sc 1509), dudh nath pandey v. suresh chandra bhattasali, it was observed by the hon'ble supreme court that jurisdiction of high court under section 100 of the .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2002CriLJ3386
..... political organisations also joined the massive demonstration. as the situation got out of control, the civil authorities imposed curfew. there was flag march by the army and paramilitary , forces. after making mention of these facts, it is stated that in the night intervening 5th/ 6th august, 2000 at about 1 a.m., the house of the petitioner ..... constantly rises to higher levels of endeavour and achievement. i am conscious of the fact that this chapter of fundamental duties was added by constitution (forty second amendment) act, 1976 and this chapter has not been adopted by the state of jammu and kashmir, nevertheless, a special statute by the name of jammu and kashmir property prevention ..... the police did resort to use of tear gas. this was found essential to disperse the gathering. ten rounds of self loaded rifle were also fired in the air. this was done with the permission of the magistrate. it is stated that even when the mob dispersed, the petitioner and some other persons still kept on .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : AIR1997J& K132
..... applied to the facts and circumstances of the present case. in h. h. maharajadhiraja madhav rao jivaji rao sindhia bahadur and others v. union of india, reported in air 1971 sc 530, a question arose, as to whether regard being had to the provisions of article 362 of the constitution of india with regard to acceptance and recognition of ..... court nor adjudicated upon. it cannot be raised for first time in appeal.'similarly, in m. ramasamy pillai v. the hazaraih syed shah mian sakkaf khandiri thaikal, reported in air 1992 sc 2295, dealing with the averments made in the plaint, the defence taken by the defendant and attempt to make out a case beyond the pleadings, the supreme ..... it extends to the whole of india. sub-section(3)of section i of the said act says that it shall be deemed to have come into force on the 1st day of april, 1957. clause (e) of sub-section (2) (sic) of section 2 of the act (definitions clause), lays down, as follows :--'(e) 'assets' includes property of every description, .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : (1992)IILLJ140J& K
..... the constitution, and as such the writ petiion under article 32 is maintainable. it may be that under the pensions act (act 23 of 1871) there is a bar against a civil court entertaining any suit relating to the matters mentioned therein. ..... & kashmir. it is claimed that the strike was a total success and practically brought the government to its knees forcing it to concede the demands. it is alleged that looking at the organisational capacity of the petitioners and their popularity among ..... of civil procedure.' the supreme court in that case dealt with the cases decided earlier and reported in (air) 1947 fc 23, (air) 1948 pc 121, (air) 1949 pc 112, 1895 ac 229 and (1896) 1 qb 116.7. in view of the ..... jammu & kashmir government employees conduct rules, 1971 and the jammu & kashmir civil services (classification, control and appeal) rules, 1950. the government claims to have the power to impose penalties like dismissal or removal from service upon any delinquent government employee for good .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2000CriLJ682,2003(3)JKJ168
..... matter has now been completely set at rest by the law laid down in k. chandrasekhar v. state of kerala, air 1998 sc 2001, holding as follows: 'the act was enacted to constitute a special police force in delhi for the investigation of certain offences in the union territories and to make provisions for the superintendence and administration ..... officers of the delhi spe and the cbi have no jurisdiction of investigate the cases under the p.c. act and to file a final report. the mere fact that an accused belongs to the indian armed forces, in view of the aforesaid discussion would make no difference so long as the offence alleged to be committed ..... to other areas of the powers and jurisdiction of the members of the said force in regard to the investigation of the said offences. section 2 of the act entitles the central government to constitute such a police force, notwithstanding anything in the police act, 1861, to be called the delhi special police establishment, for the investigation of .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2006(2)JKJ124
..... said judgment noticed the conflict as under:we also make it clear that what we are deciding today is based on principles already laid down by this court since 1950 and in particular since 1963. basing on those principles, we are concerned with the limited question as to whether union of india v. virpal singh chauhan and ..... and posts, which on account of their nature and skill are such as call for highest level of intelligence, skill and excellence, from the operation of the act.11. admittedly no reservation is permissible for the reserved categories of scheduled caste and scheduled tribes in so far as promotion to the post of superintending engineers is concerned ..... will not effect the seniority on the date on which these rules come into force a member of any service, class, category or grade as fixed in accordance with the rules and orders in force before the date on which these rules come into force.interpretation- the words 'date of first appointment' occurring in the above rule will .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : AIR1987J& K48
..... authority could not be called in question in a civil court. however, this full bench authority based on 1972 act lost its force because that act is repealed and a new act of 1976 was applied to the state in 1978. by virtue of act of 1976, law in comprehensive form came to be codified and attempt was made to do away with the shortcomings ..... on the subject on the basis of unamended section 19(3)(e) were in direct conflict with the authoritative pronouncement given in the full bench judgment jagtu v. badri, (air 1980 j&k; 1). this naturally must have created a lot of confusion to the subordinate courts and to the litigant public. we have tried to clear the confusion and ..... reasons in support of their views expressed in the said judgment.23. we do not doubt the correctness or the reasoning of the full bench authority in jagtu v. badri, (air 1980 j & k 1). we only hold that the said authority is no longer applicable because section 19(3)(a) has undergone a drastic change and the jurisdiction of .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2006(2)JKJ663
..... so taken is only in the nature of error in a proceedings antecedent to the trial.16. the court after referring to prabhu v. emperor air 1944 pc 73 and lumbhardar zutshi v. r. air 1950 pc 26 held that if cognizance is in fact taken on a police report initiated by the breach of a mandatory provision relating to investigation, ..... special judge quashed the proceedings on the ground that the investigation on the basis of which the accused were being prosecuted was in contravention of the provisions of the act, but the said order was set aside by the high court. the appeal preferred by the accused to this court assailing the judgment of the high court was ..... the result of any error or illegality in investigation on trial of the accused before the court may also be examined. section 5-a of the prevention of corruption act, 1947 provided that no police officer below the rank of a deputy superintendent of police shall investigate any offence punishable under section 161, section 165 and section 165a .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : AIR1989J& K56
..... , was enacted to provide 'for the extension of certain central laws to the state of jammu and kashmir'. by virtue of section 2 of the extension act which came into force on 15-8-1968, the acts mentioned in the schedule and all rules, orders and regulations made thereunder were 'extended to and shall be enforced in the state of jammu and kahmir ..... recourse to filing a civil suit only. that judgment came up for consideration before a division bench of this court in kamal kusha v. kirpal singh, 1987 srinagar lj 211 : air 1988 j&k; 11. the division bench after referring to some-authorities and dictionary meaning of the word 'injury' held that a claim petition for damage to property could be ..... the jurisdiction to adjudicate upon it.9. neither the learned single judge in iqbal singh's case (1980 kash lj 362) nor the division bench in kamal kusha's case (air 1988 j&k; 11) (supra) took notice of the amendment made to section 110-a by the insertion of clause (aa) to sub-section (1) by the amending .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2002CriLJ2382
..... not be sitting members of the bench was gone into. what was said by the full bench of lahore high court is being reproduced below :if there was any force in this contention, the contemner with a view to oust the jurisdiction would have merely to scandalise not a particular judge, but all the judges of the court as ..... span of time and therefore, it cannot be said that he did not understand the implication of publication. therefore, to say that the publication in question was an innocent act and no other motive should be attributed to it, would be a suggestion which cannot be accepted. respondent no. 2 knowing fully well the implications, deliberately published the ..... with, the courts can be guided by what was said by the supreme court in the case of pritam pal v. high court of madhya pradesh, jabalpur, through registrar air 1992 sc 904 : 1992 cri lj 1269, where it was observed that (para 62) :punishment is essential to preserve the proceedings of the courts from being deflected or .....
Tag this Judgment!