Court : Jammu and Kashmir
Reported in : 1969CriLJ907
..... detention order dated 12-7-1966 after considering the materials appearing against the petitioner and being satisfied that with a view to preventing him from acting in any manner prejudicial to the security of the state and the maintenance of public order, it was necessary to detain him, passed a fresh order directing his detention under section ..... been previously detained for reasons connected with the defence of india and the maintenance of public order could not now be detained for reasons connected with the security of state and the maintenance of public order,21. the next contention of the learned counsel for the petitioners that since the activities referred to in the ..... in these rulings the detenus were already under punitive detention in jail when orders for preventive detention were served on them. we, therefore, find no force in the 8th contention of the learned counsel for the petitioners as well.24. for these foregoing reasons, these applications fail and are hereby dismissed. .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2005(1)JKJ382
..... and the candidates who had applied for selection, including the petitioners and respondents have been considered for selection against all these posts. the petitioners having failed to secure their selection cannot be heard complaining that the posts which have been referred to the commission in the mid-stream and against which they too have been ..... for conduct of its business but the fact remains that the rules so framed are only procedural rules which being in- house procedural rules have no statutory force but are binding upon the commission.. the action taken by following these rules is open to judicial review. it is within the administrative power of the commission ..... included in part-ii of the 3rd schedule were required to fulfill the conditions stipulated in sub-section (3) of section 13 of the indian medical council act, 1956. it was also stated in the advertisement that:-'the prescribed qualifications are minimum and mere possession of the same does not entitle the candidate to be .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2007(2)JKJ197
..... appellant has been dismissed.2. the appellant stood engaged as cook in the bsf. he was tried for the offence under section 21(2) of the border security act on the following charges, which related to the three incidents.charge sheetthe accused no. 891 100gbsf (cook) sukanta mitra of 49 bn. is charged with:------------------------------------------------------------------------------first charge ..... the legality of the original dismissal order passed by the appellate authority. the learned writ court noticing the plea of guilt taken by the appellant before the summary security force court found no merit in the writ petition and accordingly dismissed the same by order dated 17.03.2006, impugned in this appeal.5. we have heard ..... for a term which may extend to fourteen years or such less punishment as is in this act mentioned.(2) any person subject to this act who disobeys any lawful command given by his superior officer, shall, on conviction by a security force court.(a) if he commits such offence when on active duty, be liable to suffer imprisonment .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 1969CriLJ1136
..... detained under the preventive detention act, their activities would cause prejudice to the security of the state and maintenance of public order. it is therefore averred in the affidavit of the home secretary that after the order of ..... the government is that they were re-arrested on 13-6-1967. in both cases it is stated that the activities of the petitioners were prejudicial to the security of the state and maintenance of public order. there was no change of mind in the petitioners and the government was satisfied that if the petitioners were not ..... detention was served on the petitioners on 13-6-1967 after their re-arrest the grounds of their detention were conveyed to the petitioners under section 3(1) of the preventive detention act .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2006(2)JKJ146
..... of loans and advances, the receiving of all kinds of bonds, scrips or valuables on deposit, or for safe custody or otherwise, the collecting and transmitting of money and securities;(c) acting as agents for governments or local authorities or any other person or persons, the carrying on of agency business of any description excluding the business of a managing agent but ..... of his ceasing to hold office as director, except where he ceases to be a director as a result of some act or omission on his own.(c) subject to the provisions of any law for the time being in force, the board of directors shall entrust the chairman, the management of the whole of the affairs of the bank and also ..... of his ceasing to hold office as director, except where he ceases to be a director as a result of some act or omission of is own.(c) subject to the provisions of any law for the time being in force, the board of directors shall entrust the chairman, the management of the whole of the affairs of the bank and also .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2007(3)JKJ133
..... misconstrued and misapplied the provisions of section 11 of the act. the court found that it was abundantly clear from the provisions that it confers propriety rights ..... title over the suit land came to an end with the coming into force of the said act. according to the trial court the parties became exclusive owners of that portion of the suit property which was in their respective possession after coming into force of the act.16. the 1st appellate court has found that the trial court has ..... private dispute may give rise to an action for casement....20. in such circumstances, the common lands act is not applicable to the facts of the case at all. thus there appears due force in the conclusions arrived at by the 1st appellate court reproduced above. i do not find any ground to interfere with these findings. these .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : AIR1981J& K95
..... spite of that counsel does not appear, i hardly think the litigant can be held responsible. after all, he is not allowed to employ anybody he chooses. he is forced to confine himself to a special class of persons whom the courts and the state hold out to the general public as specially honest, competent, reliable and responsible, and ..... appeal expired on nov. 3, 1971. the appeal was, however, actually filed on march 1, 1972. the appellant asked for condonation of delay under section 5 of the limitation act. the case of the appellant-state was that the appellant was represented in the case by shri a. n, raina, advocate. shri raina informed the secretary to govt. general ..... on 21-4-77 by the addl. district judge, srinagar, allowing an application for setting aside the ex parte decree. the defendant was a company under the companies act. the learned addl. district judge has found that at the relevant time the company had fallen into disarray and had been closed down. he has further held that the .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : [1983]54STC156(NULL)
..... fiscal conditions, it has to be left to the government, which in these matters should be a better judge than the legislature. this rule must apply with equal force to the provisions regarding exemptions as well, for, whom not to tax or what not to tax, necessarily implies granting of exemption from tax.8. in orient weaving ..... was issued. the impugned notification had the effect of withdrawing the exemption in so far as it related to the sale of bricks. the argument was that the act of withdrawal was discriminatory and rendered the impugned notification void and illegal under article 14 of the constitution. the settled principle is that article 14 forbids class legislation ..... , clearly of the opinion that sro no. 267 is not violative of article 14. consequently, the third ground also fails.14. reading sections 4 and 5 of the act together, among others, two conclusions can be legitimately drawn. these are : (1) sales tax is chargeable on every article sold by a dealer, unless it has been .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : AIR1984J& K10
..... claimed as a matter of right but may be granted in deserving cases in accordance with the government order on the subject in force from time to time including furnishing of additional security by way of bank guarantee or shortage of property. all such extensions will be covered by supplementary agreement.' it was wrong to say ..... as private individuals are to carry out obligations incurred by them because parties seeking to bind the authorities have altered their position to their disadvantage or have acted to their detriment on the strength of the representations made by these authorities. the high court thought that in such cases the obligation could sometimes be ..... of the government of jammu and kashmir to be nominated by the minister-in-charge forest department, jammu and kashmir government, in accordance with me arbitration act in force in the state. there will be an objection to any such appointment that the arbitrator so appointed is a government servant and the decision of the .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 1958CriLJ885
..... offences under section 3 of the enemy agents ordinance, sections 3, 4 and 5 of the explosive substances act and section 120-b of the ranbir penal code, section 29 of the public security act and rules 28/32 of the public security rules in the court of special judge, srinagar, who has been appointed as such by notification no. 1 ..... may be placed on shiv bahadur singh v. state of viudhya pradesh : 1954crilj1480 in which it has been laid down that.rewa law would continue to be in force in the rewa portion of united states of vindhya pradesh, as the vindhya pradesh law therefore, on the principle that on change of sovereignty over an inhabited territory the ..... of the government may be paralysed with the further result that the government may be subverted. this campaign was not merely crossing the border or merely attacking the territory but was an organised series 'of acts. it is of no importance for the promulgation of this ordinance as to where the person who committed the crime came from. the .....
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