Judgment Search Results Home > Cases Phrase: air force act 1950 section 155 limitation of powers of confirming authority Court: jammu and kashmir Page 1 of about 1 results (0.102 seconds)

Sufi Mohd. Akbar and ors. Vs. State of Jammu and Kashmir and anr.

Court : Jammu and Kashmir

Reported in : 1960CriLJ223

..... that they are aggrieved by that order. they say that by virtue of sub-section (3) of section 31 of the jammu and kashmir constitution act 1996, act xlii of 1956 came into force on the date it was published in the gazette after having received the assent of tile sadar-i-riyasat. the proceedings taken by the committing ..... under:-a bill which is assented to under the last preceding sub-section shall be published in the gazette in urdu and english and shall become an act and have the force of law as soon as it is published in ether of the aforesaid languages.the case of the petitioners is based entirely on the interpretation of ..... and kashmir security rules and the said rule 32. some of the accused persons raised a contention before the committing magistrate that the criminal procedure code amendment act), 1956, (act no. xlii of 1956) was in force in the state and that the inquiry should, therefore, be held in accordance with. its provisions.the committing magistrate by his order dated 7 .....

State of J and K Through Ssp Vigilance Orgn. Vs. Romesh Chander and Si ...

Court : Jammu and Kashmir

..... as aforesaid are stated to have committed the offences when the act of 1985 was in force. so after the act was declared ultra-virus by the hon'ble high court, ordinance issued on 31.01.1986 having been made applicable retrospectively, prima facie case has ..... provides a complete answer which reads as under:20 (1)--no person shall be convicted of any offence except for the violation of a law in force at the time of commission of the act charged as an offence, nor be subjected to a penalty greater than that which might have been inflicted under the law in ..... . the respondents are charged for having committed certain offences which would have been the offences under the act of 1985, had that act continued to remain in force cannot be now dealt with and proceeded under the ordinance of 1986 or the act of 1987.16. mr. b.s. salathia, learned counsel appearing for the petitioner, submitted that the accused .....

Sher-i-kashmir National Medical Institute Trust Vs. State of J and K a ...

Court : Jammu and Kashmir

..... void ab initio. once the property mentioned in the agreement does not belong to the trust, the sheet-anchor of the various terms and conditions thereof lose their force, strength and meaning. they cannot be relied upon for any purpose whatsoever. 101. the learned advocate general submitted that the petitioner-trust was conscious that the 1978 ..... civil procedure as also the arbitration clause provided in the agreement executed by and between the government and the trust. the agreement for all practical purposes was in force and it could neither be annulled nor its terms could be changed save as provided in clause 17 of the agreement; that the petitioner / trust and the ..... connection, i quote hereunder the observations of the supreme court in partap singh v state of punjab air 1964 sc 72 (majority view judgment delivered by his lordship ayyangar j):8. doubtless, he who seeks to invalidate or nullify any act or order must establish the charge of bad faith, an abuse or a misuse by government of .....

Mirza Mohd. Afzal Beg and ors. Vs. State of Jammu and Kashmir and ors.

Court : Jammu and Kashmir

Reported in : 1960CriLJ62

..... for by the petitioners, does not embody a restriction on the powers of the legislature to appoint a date of its own choice for the coming into force of an act passed by it.10. before concluding, we may notice another argument advanced by the petitioners that if the legislature merely intended that a bui assented to and ..... of the 1 ws.one has only to glance through the statute book of any country to find innumerable instances where the expression 'shall come into force' has been employed in act after act to indicate the coming into operation of the law. this is equally true of legislation in this state. a number of enactments passed in the state ..... appoint.it is common ground that no such notification has yet been issued by the government. the magistrate therefore held that none m the provisions embodied in act xlii of 1956 is in force and that, therefore, the accused persons cannot claim to be governed by those provisions. the argument advanced by the petitioners that sub-section (2) of .....

Dambru Dhar Naik Vs. Union of India (Uoi) and ors.

Court : Jammu and Kashmir

Reported in : 2003(3)JKJ559

..... by submitting a fake matriculation certificate is assumed to be correct even then no mis-conduct as contemplated under section 11 sub-section 1 of the central reserve police force act, 1949, is constituted and as such, punishment under section 11(1) could not be awarded. according to the learned counsel, the order impugned is without jurisdiction ..... certificate for obtaining employment in crpf would constitute and mis-conduct so as to entitle the competent authority to impose punishment under section 11 of the central reserve police force act, 1949. the necessary facts which are required to be stated are that the petitioner was appointed as constable on ist january 1975. he was promoted to the ..... of india, 2000 klj 612. in that case the petitioner was in service. respondents found that his actual date of birth as per school record was august 8,1950 and in the service record it was august 8, 1948. he was accordingly asked to explain by a show cause notice dated 10.2.1994. a 'domestic inquiry .....

Ghulam Rasool Shah Vs. State and ors.

Court : Jammu and Kashmir

Reported in : 2004CriLJ4047

..... it is on this plea that writ jurisdiction is invoked to quash the order. this argument needs only to be noticed as otherwise there is no force in the contention that the government could not have, through its general administration department, issued the sanction order. rule 55 of the government business rules ..... -iv). it is thus beyond controversy that in matters pertaining to vigilance organization and its functioning, qua investigation etc. of cases under the prevention of corruption act, are to be dealt with by the general administration department. the sanction in the case has been issued through general administration department. no fault can be ..... the writ petition and under this circular, all cases relating to allegations of corruption against government servants falling under jammu and kashmir prevention of corruption act shall be examined and processed by the home department on being received from the vigilance commissioner or any other person and the cases shall be submitted .....

Hoshnak Vs. J and K Spl. Tribunal and ors.

Court : Jammu and Kashmir

Reported in : 2007(1)JKJ422

..... the respondents, on 06-03-1975, would not vest any enforceable right in the petitioner under the jammu and kashmir agrarian reforms act, 1976, or for that matter under any other law in force in the state. it was because of this reason that the petitioner had deliberately omitted to project any right in the land, ..... the mortgage was subsisting on the date when the jammu and kashmir agrarian reforms act, 1976, came into force. this act came into force on 21st of august, 1976. the mortgage, in question, as admitted by the petitioner, was subsisting at the time when the act came into force. the validity or otherwise of the mortgage, would not, thus, come ..... come in the way of authorities under the jammu and kashmir agrarian reforms act, 1976, to exercise powers under section 10 of the act, because the mortgage with possession was subsisting at the time when the jammu and kashmir agrarian reforms act, 1976, came into force.6. i have considered the submissions of learned counsel for the parties .....

Sardar Ali. Vs. State and anr.

Court : Jammu and Kashmir

Reported in : 1982CriLJ644

..... take into account the ambit and scope of the expression 'except where and so far as they are inconsistent with or repugnant to the provisions of this act continue in force,' while giving the judgment. a similar point was raised again in the allahabad high court and a division bench of that court in shobhey's case 1977 ..... ceased to have any application in the state by virtue of section 25(2) of the prevention of food adulteration act 1954. it is argued that the rules remained in force, even after the extension of the act to the state only till the central rules were extended. it is on this premise that the learned counsel has ..... under:repeal and savings - (1) if immediately before the commencement of this act, there is in force in any state to which this act extends any law, corresponding to this act, that corresponding law shall upon such commencement stand repealed.(2) notwithstanding the repeal by this act of any corresponding law, all rules, regulations and bye-laws relating to the .....

Dogra Distilleries Vs. State of J and K and ors.

Court : Jammu and Kashmir

Reported in : 2008(2)JKJ511

..... was sanctioned under the provisions of the excise act or any other law for the time being in force relating to liquor or intoxicating drugs. in other words, imposition of duty, fee, tax or fine etc. is a stage prior to the coming ..... indicates about the revenue which gets generated from any duty, fee, tax, fine or confiscation imposed or ordered under the provisions of the excise act or under any other law for the time being in force relating to liquor or intoxicating drugs. in other words excise revenue would come in existence only after any duty, fee, tax, fine or confiscation ..... going by its plain language, restricts government's power to frame such rules as may be necessary to carry out the provisions of the act or of any other law for the time being in force but relating only to the excise revenue. this is so because the word 'and' employed by the legislature in its wisdom in section .....

Jetinder Singh Sirohi Vs. State and ors.

Court : Jammu and Kashmir

Reported in : 2007(1)JKJ586

..... inmates to indulge in espionage activities and to be a member of espionage network for pakistan isi and provide them all information / material of security forces.the normal law is not sufficient to deter you from indulging in anti-national activities which are prejudicial to the security of the state. your remaining ..... representation against his detention. the order of district magistrate budgam therefore, is violative of sections 8 and 13 of jammu and kashmir public safety act 1978.13. the detention order thus becomes unsustainable. it is accordingly quashed.allowing the writ petition, i would accordingly direct the respondents to release the petitioner ..... requisite material was not there on records on the basis whereof detention of the petitioner could be ordered under section 8 of jammu and kashmir public safety act 1978. grounds of detention being vague and ambiguous have deprived the petitioner/ detenue of his constitutional right under article 22(5) to make an effective .....