Court : Jammu and Kashmir
Reported in : 1973CriLJ955
..... mohton v. state of bihar. : 1971crilj20 where it was laid down:though the powers of the high court in considering the evidence on record in. appeals under section 417 are as extensive as its powers in appeals against convictions the court should bear in mind the presumption of innocence of accused. where the lower court has found ..... the trial court in respect of the order of acquittal but should particularly consider those aspects which are in favour of the accused and ought not also to act on conjectures or surmises nor on inferences which do not arise on the evidence in the case.keeping the above principles in view let me now examine the ..... , 380 of the ranbir penal code read with section 149 of the code and sections 366/376 read with section 34 of the code.2. the prosecution case was that equipped with arms and ammunition and posing themselves as mujahids (liberators) and officers belonging to the pakistan army, the respondents, roamed about in ghak paharu. tehsil chadura. in the summer .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 1973CriLJ1384
..... police, leh, directed shri ghulam hassan khan, circle inspector of police, to investigate into the alleged offence. the circle inspector, instructed the police station neoma to register a case under section 302, r. p. c. and himself left for chumatong on that very evening along with mr. s. n. singh, deputy superintendent and some constables of the i. t. ..... border police force posted at the transit camp at chuma-tong, about 120 miles from leh, which was used as a place for resting and keeping equipment by the army and police personnel in distress.2. the story as put forth by the prosecution was that on february 18, 1968, when lance naik ram dass of d company of ..... to have been supplied by the respondent, the police recovered a roamer watch the same day, alleged to belong to the deceased from a 'mani' near the khalsi bridge. acting on another piece of information alleged to have been given by the respondent, the police made a search for the knife - the supposed weapon of offence - in the sindh .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 1975CriLJ626
..... of india. ministry of home affairs, have been placed before me by the learned additional advocate general from which it is clear that the provisions of section 3(4) of the act. were duly complied with by sending to the latter copies of the detention orders passed by the district magistrate, jammu. the grounds of detention, and ..... satisfaction of the detaining authority for considering it necessary that a detention order under suction 3 be made for preventing such persons from acting in a prejudicial manner as contemplated by that section, then, the act would indisputably be attracted and a detention order can appropriately be made. the detention order in such a case cannot be challenged ..... or officers and authorities of the union as respects that matter, although it is one which is not enumerated in the union list.7. a conjoint reading of armies 246, 250. 352 and 353 of the constitution of india as applicable to the state, therefore, leaves no room for doubt that though the parliament is not .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 1975CriLJ409
..... declare the result of the analysis to be as follows:and am of the opinion that .....(underlining ours).by virtue of the provisions contained in sub-section (5) of section, 13 of the act, a report submitted by a public analyst in form iii prescribed under rule 7 of the rules, becomes admissible in evidence. the duty cast on ..... court, quoted with approval by the supreme court, reads as follows:the well-settled view of this court is that the report of the public analyst under section 13 of the act need not contain the mode or particulars of analysis.(contd. on col. 2)physical appearance microscopic examinationcommenting on this certificate, sadasi-van, j., who delivered ..... one thing is taken as a sign of another both science and daily life would be impossible. the presumption of regularity in illustration (e) to section 114 of the evidence act attaches itself to the analyst's report because it is a record prepared as per statutory provisions and the presumption is that public officers do as the .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 1975CriLJ211
..... its jurisdiction it must clearly mention the grounds on the basis of which it forms its opinion regarding banning the article concerned and not merely pass a sweeping general order acting under section 99-a of the criminal p. c. this matter is concluded by a judgment of the supreme court in harnam das v. state of u.p. : [1962 ..... state of its reprints or copies of other articles which had not been found to be offensive for circulation in india and that the government had acted beyond the scope and ambit of section 99-a.4. the petition has been stoutly resisted by the state which has denied the allegations of mala fides and has taken the stand ..... distinction drawn by him appears to be too artificial and a distinction without any difference. it is obvious that an act would be punishable under section 153-a of the r.p.c. if it contravenes the provisions of that section. therefore the difference in the terminology of the words 'contravenes' and 'punishable' would hardly make any difference in .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 1975CriLJ1957
..... the petitioner made a representation to the government of jammu and kasrmir against his detention consistently with the provisions of section 8 of the aforesaid act. the advisory board, constituted under section 9 of the act considered the report of the government and the representation made by the petitioner, and reported to the government on ..... lohia's case : 1966crilj608 .20. in golam hussain v. commissioner of police, calcutta reported as : 1974crilj938 the detention order under section 3 of the maintenance of internal security act was passed on the ground that the activities of the detenu were prejudicial to the maintenance of public order. the grounds of detention on ..... public order which gives jurisdiction to the district magistrate to take resort to the extraordinary power of which he is possessed under section 3 of the maintenance of internal security act, recapitulating the simile given by me earlier in this judgment the injury does not remain confined to the subcutaneous tissues but .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 1977CriLJ1534
..... shall be deemed to have been done or taken ... ... ... ... the army act, 1950, as amended by this act, as if this act had come into force on ..... also not been framed. the amendment act was preceded by the air force and army laws (amendment) ordinance and the said ordinance came into force on 25-1-1975. section 4(1) of the amendment act repealed the ordinance but section 4(2) provided thatnotwithstanding such repeal, anything done or any action taken under the air force act, 1950 or the army act, 1950 as amended by the said ordinance .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 1980CriLJ296
..... , ministry of defence gazette notification no. 17-e dated 5 sept. 1977 is reproduced below:sro 17-e. in exercise of the powers conferred by section 9 of the army act 1950 (46 of 1950) and in supersession of the notification of the government of india in the ministry of defence, sro 6-e dated the 28th november, 1962, the ..... central government hereby declares that all persons subject to that act who are not on active service under clause (1) of section 3 thereof 'shall, while serving in ..... murder of a person not subject to the army act it further is not controverted that under section 69 of the army act, any person subject to the army act, who commits any civil offence, shall be deemed to be guilty of an offence, against the army act and if charged therewith under section 69 of the -army act, shall be liable to be tried by a .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : AIR1980J& K36
..... v. nagendra bala debi, air 1952 cal 879. section 14 of the west bengal premises rent control act, 1950 is the same literally as section 12 of our act. dealing with sub-section (1) of section 14, chakravarty c. j. speaking for the bench, has observed:'sub-section (1) with which the sec-tion begins is clearly limited to suits in which ' ..... landlord would not get a decree for possession but for clause (i) of proviso to sub-section (1) of section ..... learned brother mufti, j.20. the following two questions have been referred to the full bench for an authoritative pronouncement.(1) is sub-section (4) of section 12 of the act applicable to suits wherein ejectment of the defendant has been based also on the grounds other than the ground of non-payment of rent ?( .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 1981CriLJ398
..... sanctity, it would imperil the existence of the administration of justice through courts and all that the courts stand for. considering the nature of the act, it is not a case in which the discretion under section 498, cr, p.c. should be exercised in favour of the petitioners, even if it were assumed that they are not likely to ..... jagjit singh : [1962]3scr622 .2. in the case of jagjit singh (supra) the accused was an army officer who was prosecuted along with two others for conspiracy (120-b.r.p.c.) and also under sections 3 and 5 of the indian official secrets act. the high court had granted bail. on appeal, the supreme court set aside the order of the ..... serious nature, the court should refuse to grant bail, even though it may have very wide powers under section 498, cr. p.c. he contended that on the available material, there are reasonable grounds to believe that the petitioners have acted in concert and removed the file and thereafter were able to destroy it for the most part, before the .....
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