Court : Jammu and Kashmir
..... sufficiently proved complicity of accused mohd. rashid. 4. acquittal of accused akeel ahmed for offence under section 7/25/27 arms act and 3/5 pota has not been assailed by the state. the state has also failed to lay motion of special leave for filing acquittal appeal ..... inferences. it is contended that the impugned judgment is perverse and cannot be sustained. learned aag has, while supporting conviction of accused akeel ahmed for offence under section 302/34 rpc assailed acquittal of accused mohd. rashid on the ground that the important pieces of evidence have been ignored and the direct and circumstantial evidence ..... of deceased baldev raj and pw-champa devi. it is in her deposition that when the terrorists and the accused barged into her house, they inquired about army background of deceased and whether he was having a gun. reply being in negative, they inquired about the dispute he had with one khadim hussain. the deceased .....
Tag this Judgment!Court : Jammu and Kashmir
..... state. the instrument of accession was to abide by section 6 of the act as adopted by section 9 of the indian independence act, 1947. it is pertinent to point out that government of india act, 1935 was adopted and operated after independence till constitution came into force on jan. 26, 1950. 17. the ruler of an indian princely state having ..... accession, unlike other princely states, therefore, was to make possible and legitimize deployment of troops of indian army to the state. this is what we also gather from following statement of prime minister of the state in jammu and kashmir constituent assembly on 5th november 1951; ..... state to dominion of india and conveyed acceptance to the ruler on 27th october 1947. governor general in the same communication conveyed decision to send troops of indian army to the state to help it in defending territory of the state, protecting life and property of people of the state. 20. the immediate object of the .....
Tag this Judgment!Court : Jammu and Kashmir
..... -writ petitioner cannot be treated as a deserter. as rightly held by the learned writ court, his case was to be dealt with by following the procedure prescribed under section 106 of the army act, 1950. the said provision has not been complied with. the order of punishment imposed upon the respondent-writ petitioner was not sustainable in law and has been rightly set ..... -writ petitioner was false and incorrect. 9. the respondent-writ petitioner has been treated as deserter from the day first and dealt with accordingly by the competent authority. 10. section 38 of the army act 1950 refers to the deserter, while section 39 refers to those persons, who remain absent from the duties. if the person is declared to be a deserter, then provisions of .....
Tag this Judgment!Court : Jammu and Kashmir
..... act, 1908.6.explosives act, 1884.7.foreigners act, 1946.8.immoral traffic (prevention) act, 1956.9.motor vehicles act, 1988.10.narcotic drugs and psychotropic substances act, 1985.11.passport act, 1967.12.passport entry into india act, 1920.13.prevention of food adulteration act, 1954.14.prevention of money laundering act, 2002.15.army act.16.drug control act, 1950.17.extradition act, 1962.18.information technology act ..... learned counsel next referred to question no.2, which reads as under: the provision of hostile witness is provided under - of evidence act:- a) sec 155 b) sec 133 c) sec 154 d) sec 154. according to him from amongst the options, option (c) and (d) were the correct answering. the board who had ..... executive magistrate can order a person who is likely to commit breach of peace to execute a bond under - crpc. a) sec 107 b) sec 109 c) sec 109 d) sec 151. the board which has been constituted for evaluation of answer scripts has clearly indicated in the decision that answer to the .....
Tag this Judgment!Court : Jammu and Kashmir
..... deed will not change the complexion of the legal rights of the respondents, the owners in possession of the land in question. 24. in terms of section 54 of the transfer of property act all the rights and interest in the immovable property have been transferred to the vendee viz, forest department, when the sale deed was executed by owners. ..... which is subject matter of the writ petition on the strength of a registered sale deed which has been executed in the year 1961. in terms of section 24 of the land revenue act, it is the statutory duty of the revenue authorities to maintain the annual record of the land holders, assignees of revenue and occupancy tenants. 23. in ..... from the land measuring 1353 kanal 19 marlas comprising of khewat no. 314 min. 4. it is also pleaded that petitioner no. (1) had joined army and retired as brigadier from the indian army, in the year 1997 after rendering a long service of almost 35 years and has taken part in all the three military combats in the year 1962 .....
Tag this Judgment!Court : Jammu and Kashmir
..... state of jammu and kashmir and supplies to army units are made in the state of jammu and kashmir so the petitioners are required to get themselves registered as dealers in the state of jammu and kashmir under the act and are liable to furnish security in terms of section 67(10) until they get themselves do registered ..... goods out of the territory of india, shall be determined in accordance with the provisions of section 3, section 4 and section 5 of the central sales tax act, 1956 . (underlining by us) 13(b). contextually, sub section (2) of section 13 of the act provides for deduction from gross turnover of sale of goods of a dealer for commuting his ..... agriculture university, ludhiana was accepted and petitioner was asked for supply of the machines. accordingly, petitioner sold the machines to the university and pursuant to section 3 of the cst act 14 petitioner paid central sales tax. the goods were loaded in a truck for delivery from amballa to ludhiana. the truck was detained by the .....
Tag this Judgment!Court : Jammu and Kashmir
..... talashi lodged written information at police station, nagrota about attack and assault on him and his father, tej nath talashi. fir no. 249/2013 under sections 307, 364/34 rpc and 4/25 arms act was registered and police took up the investigation. on the same day, doctors at government medical college, jammu declared tej nath talashi as brought dead ..... para- 14). in backdrop of this argument, learned trial court straight way jumped to the conclusion that there was a prima facie case under sections 304 part-ii, 364, 212/34 rpc and 4/25 arms act. the operative part of the impugned order is comprised in its last two paragraphs (14 and 15), which i cull out as under: 14 ..... of the accused.15. para 14 & 15 of the impugned order, which contain crux of the order in finding prima facie case under sections 304 part-ii, 364, 212/34 rpc and 4/25 arms act and saying nothing about section 302 rpc, on their plain reading would show that learned trial judge has failed in discharging his duty enjoined under .....
Tag this Judgment!Court : Jammu and Kashmir
..... was dismissed from service even though he has shown sufficient cause for his overstay. (b) his contention was that section 38 of the army act, 1950 was invoked against him instead of invoking the provisions of section 39(v), which states that if a person commits offence that is to say without sufficient cause to overstay on ..... conviction by court martial, be liable to suffer imprisonment for a term which may extend to three years or such less punishment as is mentioned in the act ..... on the circumstances of each case.8. having regard to admitted fact that only red entries were marked on earlier two occasions and in similar circumstances army imposed compulsory retirement in several cases, this court is of the firm view that it would be appropriate to impose the punishment of compulsory retirement, .....
Tag this Judgment!Court : Jammu and Kashmir
..... gupta had succumbed to injuries in the hospital. this led to registration of case under fir no.172/98 for offence under sections 302/120-b, 121, 122 rpc, 7/25/26/27 arms act and section 3 of eao (enemy agents ordinance) by inspector jagjit singh posted as sho-surankote at that time. investigation was embarked upon. ..... house of accused sewak singh in which co (commanding officer) and 2 ic of 27 rr, a local contractor abdul khaliq besides the 4 deceased participated. the army officers and the contractor left after sometime. however, the contractor returned shortly thereafter with more alcohol and shared drinks with the deceased. later the contractor requested accused ..... at the time of occurrence, there was darkness inside the vehicle. it is not possible to find out exactly how fired occurred and what was its position. army personnel were not in the police station when accused sewak singh inquired from this witness regarding the occurrence. this witness had not inspected the gypsy from outside. .....
Tag this Judgment!Court : Jammu and Kashmir
..... approaching any protection officer or a counselor or service provider. consideration of protection officer s report therefore, cannot be taken as mandatory requirement under section 12(1) of the act. learned counsel relied upon milan kumar singh v state of u. p, 2007 cr.lj4742 learned counsel also submitted that the application clearly ..... and a direction to additional ssp, jalandhar to extend full police protection to the applicant in terms of section 19(5) of the act.8. petitioners seek quashing of the application mainly and precisely on the ground that the allegations are totally imaginary, false, frivolous and baseless ..... seems to have recorded preliminary statement of the respondent and has issued notice to the petitioners. besides, the learned magistrate in exercise of power under section 23 of the act has granted interim relief by issuing a direction to petitioner no. 1 (husband) to provide accommodation to the respondent (wife) with him at jalandhar .....
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