Court : Jammu and Kashmir
Reported in : 2002CriLJ2836
..... their lordships formulated the following question for determination :--the question of law presented for determination in this appeal is whether the alleged act of offence was committed by the respondent under colour or in excess of any such duty or authority as aforesaid within the meaning of section 161(1) of bombay police act. ..... the scope and amplitude of the expression 'under the colour of any duty or authority' occurring in sub-section (1) of section 161 of the bombay police act, came up before the supreme court in 'virupaxappa veerappa kadampur v. ..... in that case, a police officer authorised under the bombay prohibition act to seize smuggled ganja, prepared a false panchnama and a false report as regards the seizure of the ganja and it was held by this court that the provisions of section 161(1) of the bombay police act were applicable. ..... there was hence a nexus between the act complained of and the statutory duty that the police head constable was to perform and the provisions of section 161(1) of the bombay police act were applicable. ..... the scope of expression 'act done under the colour of office', again fell for the consideration of their lordships in 'state of maharashtra v. ..... thus the proposition laid down in 'state of maharashtra v. ..... while setting aside the judgment of the high court, the supreme court in 'state of maharashtra v. .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2005(3)JKJ62,[2006]144STC217(NULL)
..... we therefore, of the view that since the explanation has not been amended in conformity with section 8a of the act, the explanation to section 2(10) of the maharashtra act transgresses the limits of legislative power conferred on the state legislature under entry 54 of list ii and we, thus, instead of striking it down, direct that the explanation to section 2(10) of the act shall be read down to this effect that it would not be applicable to the transactions of transfer of right to use any goods if such deemed sale is (i) an outside sale, ..... from any place in the state outside the districts of leh( ladakh) and kargil by or on behalf of any dealer and intended to be imported into the said districts shall be accompanied by the documents prescribed under section 15-a of the said act till it is delivered at its destination and the person incharge of the consignment including the driver of the vehicle in which it is under transport shall produce it for inspection and verification to the assessing authority or ..... there is a provision for exemption of turnover related to goods in respect of which tax has already been paid under the bombay sales tax act, 1959 but there is no provision that such exemption would be available in case of goods which have suffered sales tax under the other sales ..... the court does not sit as a court of appeal but merely reviews the manner in which the decision ..... short ground and without expressing any opinion on the merits of the controversy this appeal is allowed. .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2003(1)JKJ610
..... it may be noted that in this case, the order of confiscation of vehicle under section 99 of bombay preservation act passed by the magistrate was confirmed in appeal and in revision by the high court without the person claiming to be the owner of the vehicle ..... 2986: air sc 2439: 1996 cri lj 3491) a..m ahmadi cj speaking for the bench has stated the legal position thus (para 14 of air) 'the law clearly expects the appellate court to dispose of the appeal on merits not merely by pe-rusing the reasoning of the trial court in the judgment but by cross checking the reasoning with the evidence on record with a view to satisfying itself that the reasoning and findings recorded ..... has to examine the whole matter and if it comes to conclusion that there is no sufficient ground to interfere with the impugned judgment and order, it can dismiss the appeal, notwithstanding, that the appellant-accused has failed to appear and avail the opportunity awarded to him by the court.section 369 cr.p.c provides that except as provided by this code or/any other law in force or in the case of the high court by the constitution of high court no ..... 2001 slj : 199) was decided on its own facts, so as to hold that earlier judgment ofhigh court, not taking note of preposition that section 197 is applicable to public servants removeable from office by government is amendable to correction as an error the precursor to settling in motion due process of ..... state of maharashtra (air 1976 ..... state of maharashtra (1972) 74 bom .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2006CriLJ4158,2007(1)JKJ127
..... by the magistrate:provided as follows:(a) when the complaint is made in writing, nothing herein contained shall be deemed to require a magistrate to examine the complainant before transferring the case under section 192;(b) when the complaint is made in writing, nothing herein contained shall be deemed to require the examination of a complainant in any case in which the complaint has been made by a court or by a public ..... am fortified in this view by a full bench judgment of andhra pradesh high court reported as : air1982ap62 , wherein it was held:on the first question we refer sections 22 and 31 of the motor vehicle act 4 of 1939 (hereinafter called act) no doubt, those provisions enjoin both on the transferor and transferee to report the factum of transfer of the vehicle to the registering authority and the owner ..... investigation by the police before taking cognizance under section 156(3) of the code and receives the report thereupon he can act on the report and discharge the accused or straightway issue process against the accused or apply his mind to the complainant filed before him and take action under section 190 as described ..... made under this section such order shall not, except where the property is live-stock or subject to speedy and natural decay, and save as provided by sub-section (4), be carried out for one month, or, when an appeal is presented, until such appeal has been ..... . state of maharashtra reported in 2000 cri ..... . state of bombay : 1958crilj244 ..... . bombay high .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2000CriLJ4108
..... relevant extract reads thus :--.your activities are highly prejudicial to the maintenance of security of the state and although you are at present in police custody there is every apprehension of your being bailed out and join militant activities again which possess a great threat to the security of the ..... out on bail for over four months, the detaining authority has in the grounds as also in the reply mentioned that the petitioner was in police custody when he was taken in preventive custody and ' handedover to jail authority at udhampur for confining him under the detention order. ..... in the result we set aside the judgment of the bombay high court under appeal, quash the order of detention and direct that the petitioner be released ..... passed detention order dms/psa/127, dated 30-11-1999 (annexure-p3) under section 3 of jammu and kashmir public safety act, 1978, whereunder one shakeel ahmad mir on whose behalf this h.c ..... it would be seen that the detaining authority was fed with information/report that the petitioner was in police custody when the order of detention was passed on 30-11-1999 and that his being out on bail posted potential threat to the security of the state the facts which run counter to ground reality of petitioner ..... also seen from record that the service of grounds on detenu claimed to be through ssp, srinagar/sho police station, mahragunj and divisional officer, police station, urdu bazar, is not supported by any material or documents on record. ..... of maharashtra (with .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : AIR2002J& K119,2003(1)ARBLR191(J& K)
..... on carefully going through both the judgments of the supreme court and the bombay high court and the scheme of the electricity supply act, 1971 as also the electricity supply act, 1948 (central act), i am also of the view that the expression 'other person' occurring in section 72 of the electricity supply act, 1971 means a person supplying electricity for public or private purposes or generating electricity for his own use ..... is stated by the applicant that a photocopy of the agreement was produced by the respondents before the district judge in proceedings under section 9 of the arbitration and conciliation act {hereinafter for short referred to as 'the act'} and the said photocopy of the agreement revealed that the agreement did not bear the signatures of both the parties. ..... (as his lordship then was) in his separate judgment, agreeing with the majority view, after scanning the whole act, opined that consumers have no place in the act and wherever the act uses the words 'other person', it invariably means persons who generate and supply electrical energy and not those who consume it. ..... in maharashtra state electricity board, bombay v ..... also relied on the case, maharashtra state electricity board, bombay v. ..... the respondents, being aggrieved of the order of the learned district judge, filed an appeal in which operation of the order of the learned district judge was stayed. ..... further submitted that their lordships of the bombay high court in maharashtra state electricity board, bombay v. .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2005(3)JKJ452
..... however, applying the tests approved by the apex court in the afore-said decision of maharashtra state board of secondary education (supra) i am of the opinion that the university has not examined the issue in an objective manner and no distinguishing features have been shown how the bca course can be said to be different ..... in the afore-said case the maharashtra state board of secondary and higher secondary education had framed regulation in exercise of its regulation making power under the provisions of the act creating a provision not to permit the inspection and re-evaluation of answer- scripts in the examination. ..... paritosh bhupesh kumar sheth (supra) wherein the apex court while considering the feasibility of the re-evaluation observed as under :'the high court has relied upon the fact that the university of bombay and some other universities have recently made provisions permitting candidates to demand revaluation. ..... with a view to support this point of view he has placed reliance upon the apex court judgment in the case of maharashtra state board of secondary and higher secondary education v. ..... in the afore-said case what persuaded the apex court was the large number of candidates appearing in the particular examination being conducted by the maharashtra state board of secondary education. ..... such a power emanates from section 5 of the jammu and kashmir constitution, which reads as under:'5. ..... however, in an appeal before the apex court, the judgment of the high court was over-set. .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : [1985]59STC25(NULL)
..... the delhi high court and find that the present controversy stands resolved on a simple reason that the power of exemption in the present case is derived by the government in exercise of its legislative function under section 5 of the jammu and kashmir general sales tax act, 1962 that being a provision relating to tax laws, the doctrine of promissory estoppel is not applicable to the case of the petitioners' units and sro no. ..... to quote it is held by their lordships of the delhi high court in a full bench decision of bombay conductors and electricals limited [1984] 55 stc 162 (fb)the limits to the right of a public authority to impose taxes are set by the power that is qualified to do so under the ..... 671 : in exercise of the powers conferred by section 5 of the jamrnu and kashmir general sales tax act, 1962 (xx of 1962) (hereinafter referred to as the act) and in supersession of notification sro 267 dated 15-5-1978 the government hereby exempt from payment of tax the finished goods manufactured at the units of the dealers operating small-scale manufacturing units in the ..... 267 : in exercise of the powers conferred by section 5 of the jammu and kashmir general sales tax act, 1962 (xx of 1962) (hereinafter referred to as the act), the government hereby exempt from payment of tax all the dealers operating small-scale manufacturing units in the state which are registered with the department of industries and commerce and are specified in ..... state of maharashtra reported in, air 1984 bom .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : AIR2005J& K13,2005(1)JKJ536
..... government need not deal with any one, but if it does so, it must do so fairly without discrimination and without unfair procedure whether in giving jobs or entering into contracts or granting other forms of largesse, the government cannot act arbitrarily at its sweet-will and, like an ordinary individual deal with any person it pleases, its action must be in conformity with standard or norms which is not arbitrary, irrational, capricious or irrelevant, it must be based on ..... . it was submitted that in terms of the business rules framed by the governor in exercise of powers conferred by sections 43 and 45(2) of the constitution of jammu and kashmir (article 166 of the constitution of india), the proposal should have been laid before the cabinet and as this was not done, the order of the ..... . state of maharashtra, air 1977 bombay 193 : 1977 lab ic ..... this stage, it may be mentioned that on 3-6-2003 a learned single judge, in seisin of the case, passed interim order of status quo which was vacated by the division bench on appeal preferred by the appellants on 7-7-2003, the respondents preferred special leave petition in the supreme court ..... . the respondents had only responded to the appeal of the chief minister to come forward and make investment in the ..... by the judgment and order under appeal the impugned order was quashed with a direction to the appellant to give effect to the ..... the dispute in this letters patent appeal arising from a writ petition relates to the canal power house .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : AIR1999J& K130
..... as pointed out by this court, public purpose varies with the times and the prevailing conditions in localities, and in some towns like bombay the conditions are such that it is imperative that the state should do all it can to increase the availability of residential and industrial ..... abdul razak sahib, air 1973 sc 2361, observed that in the case of a notification under section 4 of the act, the law has prescribed that in addition to the publication of the notification in the official gazette, the collector must also give publicity of the substance of the notification in the ..... 1977 sc 660, the supreme court reiterated that a publication of the notice in the locality as required by the second part of section 4(1) is mandatory and unless that notice is given in accordance with the provisions contained therein, the entire acquisition proceedings are vitiated. ..... view the welfare of a large proportion of persons living in bombay is a matter of public concern and the notification served to enhance the welfare of this section of the community and this is public purpose. ..... secretary of state for india, air 1914 pc 20, it was observed :'certain land in malabar hill in bombay was being acquired by the government of bombay for constructing residences for government officers and the acquisition was objected to by the lessee of the land on the ground that the land was not being taken or made available to the public at large ..... state of maharashtra, air 1966 sc 1786 when para 20 of the judgment .....
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