Court : Jammu and Kashmir
Reported in : 2009CriLJ2137,2008(3)JKJ391
..... declaration. it was not necessary for the petitioner to have made such a declaration as he could otherwise had been appointed as a trainee engineer. it is important that the act of the accused will have to connect to the benefit which he has procured by making this false declaration. there is no benefit which has accrued to the petitioner both ..... 22.2.1997.6. the order reveals that the remuneration of rs. 2500/- are required to be paid to the petitioner w.e.f. 1.12.1998. it is this act of the petitioner which is sought to be investigated and on the basis of which the charge sheet is required to be filed by the police.7. the question before .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2010ACJ210,2008(2)JKJ492
..... client. in support of his contentions, mr. gupta relies upon a judgment of hon'ble apex court rendered in byram pestonji gariwala v. union bank of india and ors. air 1991 sc 2234. according to him, the judgment rendered in case kamlesha devi's case (supra) and relied upon by mr. bhatia would not be applicable to the present ..... features of the lok adalat are the procedural flexibilities and speedy trial of the disputes and there is no direct application of procedural laws like civil procedure code and the evidence act while assessing the claim by the lok adalat; the parties to the dispute can directly interact with the judge through their counsel which is not possible in regular ..... a party in such court, may except where otherwise expressly provided by any law for the time being in force, be made or done by the party in person, or by his recognized agent, or by a pleader, appearing, applying or acting as the case may be, on his behalf:provided that any such appearance shall, if the court so .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2001CriLJ3270
..... that:a reformative approach is now very much intertwined with a rehabilitative aspect to a convicted prisoner.... 16. no doubt, the above decision deals with the question of forced labour, which is resorted to when the convicts are in jail, nevertheless, what has been said in the aforementioned judgment, can be of some advantage for the ..... is thereby defeated. the accent, therefore, be more and more on rehabilitation rather than retributive and punitive inside the prison. 18. again in ashok kumar v. state air 1980 sc 636 : (1980 cri lj 444) the fact that the offender had married was given due consideration. what was said in paragraph 7 of the judgment is ..... turn took her husband into confidence. the father of the prosecutrix made a complaint with the parents of the appellant. instead of expressing sympathy and sorry for the act committed by the appellant, the appellant along with his parents and other relations came to the house of the prosecutrix, armed with sticks and other weapons and .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 1989CriLJ2486
..... . obviously, such minor things do happen in such situations. in our opinion, there is nothing fishy in the matter, and, therefore, this objection of mr. beg, being without any force, is also overruled.(vii) it was contended by mr. beg that the alleged weapon of offence was not got examined by any expert, and that it was shown to the ..... even a layman is competent to record a dying declaration and prove the same in the usual manner like other facts and documents. in khushal rao v. state of bombay air 1958 scj 198 : 1958 cri lj 106, it has been held by the supreme court that it could not be laid down as an absolute rule of law or even ..... previous litigations; or previous altercations between the parties are admitted to show motive. however, the mere existence of motive is by itself not an incriminating circumstance. the motive for an act is not a sufficient test to determine its criminal character. by a motive is meant anything that can contribute to give birth to, or even to prevent, any kind of .....
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