Court : Jammu and Kashmir
Reported in : AIR2004J& K148,2004(2)JKJ657
..... in peaceful possession thereof and if the landlord i.e. defendant-appellant had to evict him, he could take resort to legal action and not to illegal force. according to him, the law protects the peaceful possession and rejects as forcible dispossession by resorting to unlawful means opposed to the principles of due process of ..... the appellant and therefore, the learned trial court was justified in ordering the restoration of possession in his suit filed under section 9 of the specific relief act within the statutory period of six months.before appreciating the rival contentions of the parties, it will be apt to take note of the legal principles enunciated ..... positive case of the plaintiff that he was forcibly dispossessed by the defendant and therefore, he had claimed restoration of possession under section 9 of the specific relief act, within a period of six months from the date of his dispossession. therefore, on these facts, the said two authorities have no application. learned counsel .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : AIR1999J& K140
..... habeas corpus means that you have the body. habeas corpus ad subjiciendum means 'that you have the body to submit or answer'. this is a prerogative process for securing the liberty of the subject by affording an effective means of immediate release from unlawful detention whether in state or in private custody. by it, the court commands the ..... ,regarded as equivalent to an unlawful imprisonment of the child, see gohar's case. it is, therefore, unnecessary to allege in applying for thewrit that any restraint or force is being usedtowards the infant by the person in whose controland custody it is for the time being. in wharton'slaw lexicon, 14th edn. (1938) page 462, ..... child custody cases. in rosy jacob v. jacob a. chakramakkal, air 1973 sc 2090, which was a case arising under section 25 of the guardians and wards act, 1890, the pertinent observations made in this context being relevant are extracted hereinbelow :--'the court's power....... is also, in our opinion to be governed primarily by .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2005(3)JKJ270
..... interview all the candidates, the commission may restrict the number of candidates called for interview to a reasonable limit on the basis of higher percentage of marks secured in the qualifying examination and/or qualifications and experience higher than the minimum prescribed screening test. it was further provided that in the event of written screening ..... the old rules and not by the new rules.'55. in state of uttranchal v. sidarth srivastava, : air2003sc4062 the apex court ruled that 'rules in force at the time of initiation of selection process have to be followed.'we are of the considered view that the direction in inder parkash's case in respect ..... meaning of word 'selection' and while defining the selection has held as under:'if the word 'selection' is understood in a sense meaning thereby only the final act of selecting candidates with preparation of the list for appointment, then the conclusion of the tribunal may not be unjustified. but round phrases cannot give square answers. .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : AIR1995J& K36
..... related to terrorism. once it is related to terrorism, the entitlement is available irrespective of the fact whether killing resulted from an act of the terrorists or from an act of the armed forces. in either case the member of the family who has been killed must be innocent. the benefit is not available if ..... states. the purpose of nomination was to promote national integration. the state government did not formulate any criterion for making nominations and nominated candidates who had secured lesser marks in the qualifying examination. the charge of discrimination and arbitrariness was sought to be repelled by the state government by contending that to serve ..... of political sufferers. in para 43 of the judgment, the court observed, as under :--'..... the object of the rules to admission can obviously be to secure a fair and equitable distribution of seats amongst those seeking admission and who are eligible under the university regulations. such distribution can be on the principle that .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2004(3)JKJ66
..... intention to grant the licences, and objections are required to be invited. the opinion of the municipality and district magistrate is also required to be secured in case of the area, where the licence is to be granted within the municipal limits. further plea raised by the petitioners is that the ..... of the respondents made were broadly as under: (a) that the policy on which the reliance is placed by the petitioners has no statutory force and this is meant for guidance of the excise commissioner and not for the petitioners and that the petitioners had no right to trade or privilege ..... doing any :____________business which requiresregistration with the sales taxdepartment. if so, indicateregistration no. 18. is the applicant a defaulter of : ____________dues under the j&k; excise act.19. is the applicant an income tax :_________________payer? if so, indicate pan20. any special claim for grant of : ____________licensesignature of applicantdated: ________________strike off whichever is not .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : AIR2000J& K1
..... for declaring the judgment fit for appeal under clause 12 of letters patent pending on the date when section 100-a of c.p.c. of the amended act came into force, barring further appeal from second appeal, is liable to be dismissed. in air 1999 cal 29 cited by the counsel for applicant, the question of impact and ..... directed to determine itself if the plaintiff was entitled to any relief. when the addl. district judge, the appellate court, took up the matter, the agrarian reforms act had come into force. the vendee took up the stand that the plaintiffs suit being essentially a suit for possession, therefore, civil court lacked the jurisdiction. however, the appellate court found ..... a of the code shall be heard and disposed of as if the said section 100-a had not come into force. (2) leave application arising out of pre-amending act suit or proceeding and filed prior to the said act but still pending admission or grant of leave as on 1st february, 1977 will, with effect from that date, .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2005(2)JKJ433
..... the medical testimony, which established the guilt of the accused beyond hilt. the contention raised by mr. kalgotra, appellants' counsel, therefore, has neither any force nor any substance to be accepted.22. prosecution case further finds support by other corroborative evidence, viz., the recovery of certain incriminating articles at the ..... instance of accused under section 27 of the evidence act. the evidence provided by investigating officer, lekh raj wazir, satisfactorily proved the discovery of pistols and dah on the disclosure statement made by tarseem ..... kour and qabal ram claimed to be the eyewitnesses. the memoranda of disclosure statements of various accused persons prepared under section 27 of the evidence act during investigation and the recoveries of various incriminating articles made pursuant thereto were also relied upon to bring home the guilt of the accused.6 .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : AIR1980J& K36
..... subjection opens with a non-obstante clause implying that the ground of eviction can be neither curtailed nor even enlarged by anything to the contrary contained in any act or law in force in the state. sub-section (2) saves the operation of any contract or law which prevents the landlord from obtaining the relief of possession against the ..... this protection should be available only when the tenant fulfils his obligation as to the payment of rent. the legislature cannot be unmindful of this equitable principle. the act seeks to make provisions to give shape to this principle. section 12 is intended to serve this purpose. that section reads thus:--'12. when a tenant can get ..... be overruled.12. at another place, while dealing with sub-section (3), the learned single judge has observed as under:--'.....sub-section (3) of section 12of the act is not happily worded, inasmuch as it only says that 'in default of such payment the court shall proceed with the hearing of the suit'. what purpose would be .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : [1975]101ITR687(J& K)
..... the amendment being a beneficial provision in a procedural law, it will certainly apply to proceedings pending either at the time the amendment came into force or after it. in the instant case the penalty proceedings were started long after the passing of the amendment and, therefore, the amendment was clearly applicable. if the ..... by the learned standing counsel that in any case the order of the commissioner could not apply to the assessment year 1964-65 because the amendment had come into force in 1965, i.e., after the close of the assessment year 1964-65. i am unable to agree with this argument because, as already pointed out, ..... relief to the assessees it would apply to proceedings which were pending on the date when the amendment came into force. it seems to me that the main object of enshrining this salutary provision in the act was to facilitate voluntary disclosures of concealed income by holding out temptation to the assessees by giving them substantial relief .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2003(3)JKJ345
..... the executive instructions issued vide circular dated 16th december, 2002 (supra). the learned counsel, however, contend that after having shown their awareness about the security and other grounds, the government has not clearly recorded that the threat perceptions were either wrong or had been dispelled. we think that in transfer ..... of the relevant factors attendant to each case. according to them, in respect of those of the petitioners, whose transfers / attachments were ordered on security grounds, reports were duly obtained by the concerned functionaries of the government, either from the criminal investigation department (cid) or from the police department and ..... , if immediately before the commencement of these rules or before the commencement of the jammu and kashmir state subordinate service recruitment board act, 1990, there were or are in force in the state, any rules, notifications or orders corresponding to these rules, those rules, notifications or orders shall stand repealed. .....
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