Court : Jammu and Kashmir
Reported in : 2002CriLJ2836
..... 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. ..... being grounded upon corruption, to which the office is as a shadow and colour.in stroud's judicial dictionary, 3rd edition, we find the following at page 521 :colour, 'colour of office' is always taken in the worst part, and signifies an act evil done by the countenance of an office, and it bears a dissembling face of the right of the office, whereas the office, is but a veil to the falsehood, and the thing is grounded upon vide, and the office is as ..... director general of police agreed with the conclusion of the investigating police officer and found that accused were required to be sent up for trial for having committed offence punishable under sections 302, 109, 342, 330 and 193, rpc also. ..... the deceased sheer singh son of the complainant, had been arrested and kept in the police custody from january 4, 1990 to january 15, 1990, during which period he was tortured and severely beaten up as a result of which he died on january 15, ..... of expression 'act done under the colour of office', again fell for the consideration of their lordships in 'state of maharashtra v. ..... proposition laid down in 'state of maharashtra v. ..... aside the judgment of the high court, the supreme court in 'state of maharashtra v. .....
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 court further ruled that section 561-a cr.p.c cannot be invoked to exercise power which are inconsistent with any specific provision of the code, since section 369 cr.p.c statutorilylays the prohibition, therefore, the high court has no power to alter ..... 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 ..... while section 369 cr.p.c prohibits alterations or review of the judgment once it is signed barring correction of clerical error, section 94 of jammu and kashmir constitution (pare materia with article 215 of the constitution) mandates that error apparent on the face of record can be corrected by high court in exercise of its plenary jurisdiction as a court of ..... section 561-a cr.p.c cannot be invoked to admit the appeal for rehearing in view of the express provision in the code prohibiting alteration or review of the judgment once signed ..... serve unserved portion of punishment steps to lodge him in jail to serve the remaining punishment be taken. ..... of maharashtra (air ..... state of maharashtra (1972) .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : AIR1998J& K1
..... the judgment of the supreme court was not complied with and implemented till 1995 by the authorities of the state for selecting the candidates for under-going training in professional courses in these institutes according to the scheme laid down and directed by the supreme court.3 ..... before we deal with all the questions raised and canvassed at the bar, the objection raised by the learned counsel for the state that writ petitioners are not maintainable and so the appeals, need to be considered first, as it goes to the roots of the case and its determination can, well decide the fate of the case ..... justice tarkunde, the trial judge, the aggrieved party moved the bombay high court in a writ petition under article 226 of the constitution of india ..... the facts of the case are that in a suit proceedings, the trial judge passed the oral order prohibiting publication of the proceedings of the trial. ..... further that whether the judgment of the supreme court can be implemented by the high court in terms of the mandate of article 144 read with article 215 of the constitution of india and section 94 of the constitution of the state of jammu and kashmir? ..... state of maharashtra, reported in air 1967 sc 1 while dealing with the scope of writ jurisdiction under articles 32(2), 226 and 19(1) of the constitution of india ..... whether the students, who have acted on representations can be made to suffer and penalised for commission of the contempt of the surpeme court judgment, if any, and for no fault of their? .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : AIR2005J& K13,2005(1)JKJ536
..... 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 ..... the same was contrary to the rules of natural justice as opportunity of hearing was not given to the respondents before taking over-possession; that the appellants were estopped by principle of promissory estoppel from acting contrary to the earlier orders of the previous government; that the power house had been handed over in the light of government policy to privatize power sector and the sanction of the government was not ..... that :'in a case in which after government officials, duly competent and duly authorized in that behalf, have arrived honestly at one decision, their successors in office, after the decision has been acted upon and is in effective operation, cannot purport to enter upon a re-consideration of the matter to arrive at another and totally different decision.'36. ..... state of maharashtra, air 1977 bombay 193 : 1977 ..... rules, as indicated above, have been framed for 'more convenient transaction of the business of the government' under section 43 and section 45 (2) of the constitution of jammu and .....
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