Court : Jammu and Kashmir
Reported in : 2003(1)JKJ82
..... halqa 43-46 of udhampur lok sabha seat. the voter list, which was prepared under the representation of the people act is a public document and would be a good piece of evidence in terms of section 35 of the evidence act.5. so far as the army record is concerned, the order dated 06 sept. 1984 is being reproduced below:-'file .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2003(2)JKJ130
..... was clinched by a finding of 'not guilty' by order dated 24.9.1991, when it came to the notice of respondent no. 4 inspector general of border security force (ig hereinafter), he passed an order on 14-01-1992 (revision order hereinafter) directing re-assembling of the court to reconsider 'not guilty' finding. in compliance ..... sentence, shall, whenever possible, take evidence of and record the general character age, service, rank any recognised acts of gallantry or distiguished conduct of the accused any previous convictions of the accused either by security force court or a criminal court, any previous punishments awarded to him by an officer exercising authority under section 53 or ..... or by necessary implication and in such eventuality it cannot be read into the statutory provisions but fact remains that even an indepth examination of the bsf act and rules does not exclude the application of the rules of natural justice, thus it is not a case of conflict between rules of natural justice .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2003(1)JKJ104
..... record of the file, it is clearly discernible that the respondents have strictly complied with the procedure before passing order of dismissal in conformity with the border security force act and the rules on the subject, details where of are explicitly given in para 4 of the counter, which reads as under:-4. that the ..... is that the petitioner without exhausting the statutory remedy provided under section 117 of the border security force act 1968 read with rule 22 of the border security force rules, 1969, which provides that a person aggrieved by a finding or sentence of any security force court may put up one petition to the confirming authority before confirmation and one ..... reply or to present himself by issuing a show cause notice dated 4.1.2001, as envisaged. under the provision of rule 22 of the border security force rules. it is also stated that all statutory requirements were observed by the respondents viz issuing various letters to the petitioner for re-joining conducted court .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : AIR2003J& K83,2003(1)JKJ35
..... the state legislature enacts provisions in that behalf the existing izajatnama rules shall continue to remain in force and the existing procedure for obtaining a state subject certificate shall be followed for the purpose of securing the certificate of being a permanent resident of the state.5-f : unless the context otherwise requires ..... as the basis of inheritance of the property. like-wise under hindu laws the property devolves in accordance with the provisions of the hindu succession act and this act too does not recognize citizenship or permanent residency for the purpose of 'inheritance of the property'. there is no legislative enactment providing that in ..... constitution of india became fully operational on january 26, 1950. at that time state (jammu and kashmir) was governed by 'the jammu and kashmir constitution act, 1939' (act no. xiv of samvat 1966), which was promulgated by then maharaja bahadur on september 7, 1939.4. after the constitution of india became fully operational the .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2003(3)JKJ73
..... , by amendment of the rules of 1968 in exercise of the power conferred by clause (b) and (c) of sub-section (2) of section 141 of border security force act, 1978.5. appellant also claimed that his age of superannuation should have been 60 years instead of 57 years as in the case of other central civil servants, ..... g.s.r. 273 (e), dated 27.5.1998, purportingly issued in exercise of the powers conferred by sub-section (2) of section 141 of the border security force act, 1968, rule 9 of the 1978 rules was amended so as to provide for the age of superannuation of the officers holding a rank higher than that of ..... rules or by adopting these rules that the members of the security forces derive some benefit. the central government in exercise of its powers under section 141 of the border security force act has notified the border security force rules, 1969. so the issue with regard to superannuation of the members of the border security force is basically dealt with under rule 9 of the rules. .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2002CriLJ3386
..... felt agitated and they also joined the demonstration. in para 12 of the petition, it is stated that as the situation was getting out of control, the border security. force was also deputed to see that no untoward incident takes place. it is stated that the members of other political parties i.e. bjp, national conference, ..... was in handcuffs. according to the petitioner, false cases were registered against him. however, petitioner was able to secure bail order from the special judge, jammu, on 26th august, 2000. according to the petitioner, the act of respondents in inflicting bodily injuries on the person of the petitioner and also causing extensive damage to his property ..... rises to higher levels of endeavour and achievement. i am conscious of the fact that this chapter of fundamental duties was added by constitution (forty second amendment) act, 1976 and this chapter has not been adopted by the state of jammu and kashmir, nevertheless, a special statute by the name of jammu and kashmir .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : AIR2002J& K12
..... was for a period of 11 months. the appellant had stated that he would give him some money on loan but he insisted that this witness should furnish a collateral security. the relationship of landlord and tenant between respondent no. 1 and his wife was brought to an end and she vacated the premises. at that point of time, ..... . 1. respondent no. 1 has got executed a partnership deed from him in respect of the shop which was leased out to him. the partnership deed remained in force for several years and thereafter a mortgage deed was got executed from him in the year 1973. what is sought to be projected from this statement is that such was ..... are resorted to by one individual to gain an advantage over another by false suggestions or by suppression of the truth. in its general or generic sense, it comprises all acts, omissions, and concealments involving a breach of legal or equitable duty and resulting in damage to another, or the taking of undue or unconscientious advantage of another, and, .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2001CriLJ3270
..... :a reformative approach is now very much intertwined with a rehabilitative aspect to a convicted prisoner.... 16. no doubt, the above decision deals with the question of forced labour, which is resorted to when the convicts are in jail, nevertheless, what has been said in the aforementioned judgment, can be of some advantage for the ..... of birth was recorded as 23rd jan. '78. a perusal of this certificate indicated that the age of the prosecutrix was between 13 to fourteen years when the acts attributed to the appellant were committed. the appellant, however, relied on the certificate of the chowkidar. if the above certificate is taken into consideration, then the ..... took her husband into confidence. the father of the prosecutrix made a complaint with the parents of the appellant. instead of expressing sympathy and sorry for the act committed by the appellant, the appellant along with his parents and other relations came to the house of the prosecutrix, armed with sticks and other weapons and .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2001CriLJ423
..... o.p. sharma, j.1. the petitioner a sub-inspector in the border security force was tried by a general security force court for committing extortion. he was found guilty of having committed the offence of extortion and sentenced to suffer rigorous imprisonment for one year and dismissal from service by order ..... the rules has been followed and complied. in support of this, he placed reliance on the record of the proceedings of the general security force court in which it is specifically mentioned that every provision of the act and the rules has been observed.7. the question involved for consideration is in what form the record of oath or affirmation is to be ..... of the rules. similar procedure has been followed in case of witnesses also who are to subscribe to the oath under rule 88. there is no provision either under the act or the rules that the form of oath as prescribed in rule 67 must be signed by the person subscribing and the one administering it and rightly so because what .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2000CriLJ2050
..... submissions of the government advocate on the ground that the evidence tendered by the prosecution witnesses is contradictory and irreconcilable regarding formation of unlawful assembly and use of force by the other accused. the accused can be at the most convicted individually and not on constructive liability as members of an unlawful assembly. though no ..... purpose of imposing constructive criminal liability on accused. the accused in such a case can be convicted only for the injuries caused by him by his individual acts.in the whole fact situation and tell-tale circumstances arising from record, on analysis and appreciation of evidence, the other four accused cannot be held guilty of ..... the conduct of his own son abdul rashid, a lawyer by profession, in entering arguments and engaging himself in a brawl with the accused over the latter's act of planting trees-saplings on land, subject of civil suit, wherein, a status quo order was issued by the court, against accused at the instance of .....
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