Judgment Search Results Home > Cases Phrase: cantonments act 1924 section 195 felling lopping and trimming of trees Court: jammu and kashmir Page 1 of about 4 results (0.103 seconds)

Cantonment Board and ors. Vs. Jagat Paul Singh Cheema

Court : Jammu and Kashmir

Reported in : 2007(3)JKJ60

..... before dealing with the issues raised by the learned counsel for the parties, reference to the provisions of sections 43, 51 and 52 of the cantonments act, 1924 may be necessary. ..... reference being invalid, the officer commanding-in-chief would also lack jurisdiction and authority to annul the decision of the board, for the power of the officer commanding-in-chief to annul the decision of the board presupposes a valid reference to him under section 51(1) of the cantonments act, 1924.16. ..... bhardwaj, learned senior counsel appearing for the respondent submitted that the learned single judge's interpretation of the provisions of the cantonments act, 1924 was correct in law and that no interference was warranted in the impugned judgment. ..... for all what has been said above, we uphold the view taken by the learned single judge that the reference was incompetent and consequential order of the officer commanding-in-chief invalid barring his view that the officer commanding-in-chief does not possess jurisdiction to annul the decision of the board under the cantonment act, 1924. .....

Jammu Cantonment Residents Assoc. Vs. Union of India (Uoi) and anr.

Court : Jammu and Kashmir

Reported in : AIR1990J& K56

..... 1959:-- in exercise of the powers conferred by section 60 of the cantonments act, 1924 (2 of 1924) the cantonment board, jammu after having complied with the provisions of sections 61 and 62 of the said act, hereby impose a tax on buildings within the limits of jammu cantonment, payable by the owner, at the rate of six per cent per annum of the annualrental value of the buildings. ..... 2 has been challenged and is sought to be quashed being without jurisdiction and in contravention with the provisions of sections 60 to 63 and 91 of the cantonment act 'hereinafter referred to as the act' and the provisions of the constitution of india as made applicable to the state of jammu and kashmir. ..... the tax sought to be quashed was imposed by a tax notification issued by the jammu cantonment vide sro 61 dated 17-2-1959 which is reproduced hereunder to show that the provisions of sections 60, 61 and 62 of the act have been complied with:'sro 61, dated : 17th feb. ..... 2 without compliance of provisions of sections 60, 61 and 62 of the act and without notifying the proposed imposition of tax has arbitrarily issued one notice to the petitioners and all other persons residing in the cantonment area for payment of taxes of buildings for a period of more than two years. .....

Jagat Pal Cheema Vs. Cantonment Board and ors.

Court : Jammu and Kashmir

Reported in : 2006(2)JKJ631

..... the goc-in-c, northern command, on receipt of the matter, issued a show cause notice dated 06-08-01 to the cantonment board, jammu, while exercising the powers vested under section 52 of the cantonment act, 1924 (hereinafter called the act) in respect of a decision taken by the board by their cantonment board resolution (hereinafter called the cbr) dated 18th may, 2001. ..... of board :- if the president dissents from any decision of the board, which he considers prejudicial to (the health, welfare, discipline or security of the forces) in the cantonment, he may, for reasons to be recorded in the minutes by order in writing, direct the suspension of action thereon for any period not exceeding one month and, if he does so, shall forthwith refer the matter to the officer commanding-in-chief, the command, (the reference being made, save in cases where the ..... or reconsidered by the (board); orb/ direct the suspension, for such period as may be stated in the order of action on any decision of a (board), other than a decision which has been referred to him under sub-section (1) of section 51, and thereafter cancel the suspension or (after giving the board a reasonable opportunity of showing cause why such direction should not be made), direct that the decision shall not be carried into effect, or that it shall be carried .....

Showkat Ahmed Malik Vs. State and ors.

Court : Jammu and Kashmir

Reported in : 2003(3)JKJ657

..... act is complied with section 13 (1) reads as under:-'grounds of order of detention to be disclosed to persons affected by the order : -- (1) when a person is detained in pursuance of a detention order, the authority making the order shall, as soon as may be , (but ordinarily not later than five days and in exceptional circumstances and for reasons to be recorded in writing not later than ten days from the date of detention) communicate to him grounds on which the order has been made, and shall afford him the ..... besides when allegation of attempt to murder and recovery of arms and ammunition in a regular fir is attributed to detenu, then in the facts and circumstances of this case, at least it is necessary to supply the copies of recovery-memo, statement recorded under section 161 crpc, fir etc. ..... 'viewed thus the contention cannot be accepted and is over-ruled.perusal of grounds of detention reveals the incriminating activities of receiving the training in handling of arms and ammunition : joining mesh mohammad' militant outfit; throwing grenades; providing support to antinational elements in kokernag area and registration of the criminal case at p/s kokernag under section 307 rpc and 7/25 i. a. ..... act if so the impugned order is vitiated on this count.next the petitioner's counsel contends that even the order and the grounds bereft of the material as above is not served on the detenu as mandated by section 13 of the p.s. .....

State of J and K Vs. Joginder Parkash

Court : Jammu and Kashmir

Reported in : 2005(3)JKJ373

..... evidence in whole or in part prior to the commencement of the jammu and kashmir prevention of corruption laws(amendment)ordinance,1983 the inquiry officer appointed under this section shall act on the evidence so recorded by the said tribunal or on the evidence partly recorded by the said tribunal and partly recorded by the inquiry officer.21-provision regarding chairman and other members of the tribunal-all persons who immediately before the commencement of ..... of amendment act of 1983 provided as follows:-20-repeal of act xxv of 1975(1) the jammu and kashmir government servants prevention of corruption act,1975 (xxv of 1975) (hereinafter in this section referred to as the 'said act') is hereby ..... the jammu & kashmir prevention of corruption laws (amendment) ordinance, 1983 (ii of 1983) were appointed as the chairman or a member of the tribunal under the jammu & kashmir government servants prevention of corruption act ..... from the bare perusal of sections 20 & 21 of the repealing act it is revealed that with regard to pending cases and pending investigations a provision was made for continuing the investigation instead of by the tribunal by an inquiry officer appointed by the government to which these .....

Riaz Jan Mast Vs. Asif Javeed and anr.

Court : Jammu and Kashmir

Reported in : 2003(2)JKJ143

..... the counsel also submits that only because section 17 of act saves the right of party to bring a regular suit and the decision under section 18 of the act is only with regard to settling of the actual possession, it cannot be said that the revisional, powers under section 115 cpc are to be excluded.the question of general provisions giving way to the special provisions in the context of cpc and the act does not arise.5. ..... as the act is a special act, therefore, provisions of general act have to give way to the provisions of the special act, it is further submitted that sections 17 and 18 of the act specifically provide that the decision as to settling of the actual possession shall be final not amenable to any appeal or review. ..... bishember nath, while examining the provisions of the succession (property protection) act in the context of revision and section 141 of civil procedure code, came to the conclusion that the order of settling the actual possession in summary proceedings by the district judge under the succession (property protection} act is-amenable to the jurisdiction of the high court. ..... this position is made clear by section 18 of the act which specifically gives finality to the decision of settling the actual possession and specifically mentions that it is to be deemed as 'decision of the judge'.4. ..... counsel for the petitioner next submits that the impugned order is bad in as-much-as the district judge has not complied with the sections 3 and 4 of the act. .....

Farooq Ahmad Lone Vs. State of J and K and ors.

Court : Jammu and Kashmir

Reported in : 2007(3)JKJ92

..... tak has referred to section-13 of the 'act', which reads as under:(1) when a person is detained in pursuance of a detention order, the authority making the order shall, as soon as may he, [but ordinarily not later than five days and in exceptional circumstances and for reasons to he recorded in writing, not later than ten days from the date of detention] communicate to him grounds on which the order has been made, and shall afford him the earliest opportunity of making a ..... view of the aforesaid admitted position, i do not detain myself further in entering into detailed discussion on other aspects of the case in hand and following the ratio of shabir ahmad sheikhs' case (supra) allow the instant petition resultantly the impugned detention order no. ..... tak, contends interalia that vide order dated 22.12.2005 (annexure-b), the petitioner was earlier detained under the 'act' passed by district magistrate, kupwara, which was subsequently revoked vide order dated 25.5.2006 (annexure-c) passed by financial commissioner home. ..... i have heard learned counsel for both the sides and with their assistance gone through the complete records.4. mr. ..... indicates that there is an inordinate delay in execution of the order of detention and the same has not been explained anywhere. ..... therefore, the fresh detention order lacks application of mind and deserves to be quashed on this count alone.6. ..... 1083/2006 dated 25.5.2006 (annexure-e), vide which he has been detained under jammu and kashmir public safety act. .....

Hardesh Kumar Singh and anr. Vs. Kamal Auto Body Industries

Court : Jammu and Kashmir

Reported in : 2007(1)JKJ215

..... had the learned magistrate cared to go through the file, the petitioners would have been saved from unnecessary harassment, which has occasioned to them because of the non-application of mind and omission of learned magistrate to refer to the provisions of section 141 of the negotiable instruments act, 1881, protection whereof had been specifically claimed by the petitioners in their reply notice. ..... of board of administrators of jammu co-operative wholesale limited, super bazar, purani mandi, jammu, and petitioner-2, a state government employee, functioning as joint registrar, agriculture, had been given additional responsibility of functioning as general manager of the society, and were holding their offices as such and were in the employment of central government and state government respectively, and in that view of the matter, were not liable for prosecution under section 138 of the negotiable instruments act, 1881, as provided in section 141 of the ..... m/s kamal auto body industries, digiana, industrial estate, jammu, the complainant, filed a complaint under section 138 of negotiable instruments act, 1881, against the petitioners and one ram pal sharma, ex-general manager of jammu co-operative wholesale limited, jammu. .....

Lal Chand and anr. Vs. Assistant Collector, Customs

Court : Jammu and Kashmir

Reported in : 1989CriLJ731

..... of the gold involved does not exceed one lakh of rupees, the offence would, therefore, fall under sub-clause (b) of section 85(1) of the act, which is punishable for a term which may extend to 3 years only with or without fine. ..... stated at the very outset, that section 85, the penal section of the act, whereunder the petitioners have been asked to face the inquiry is a cognizable and non-compoundable offence. ..... so far as the accused in concerned, dismissal of a complaint for non-appearance of the complainant and his discharge on the same ground is a final order, and in absence of any specific provision in the code, a magistrate cannot exercise any inherent jurisdiction to restore the case, as he has no ..... , it falls short of all the ingredients of a complaint and does not comply with the mandate of section 97 of the act.8. ..... chief judicial magistrate probed into the contents of the application and the mandate of section 97 of the act. ..... judicial magistrate, however, by virtue of the impugned order held that as the order of dismissal of the complaint fell neither under section 247, nor under section 253(2) nor under section 259 of the cr. p.c. ..... under section 97 of the gold control act, no court can take cognizance of any offence against that act except on a complaint in writing made by a gold control officer, not below the rank of a collector of central excise or of custom or any person authorised by him in writing ..... the term appears in several sections (190, 195, 196, 198, 199, 203, 248 .....

Om Parkash Vs. Darshan Kumar Mahajan

Court : Jammu and Kashmir

..... even though no form of notice is prescribed in clause (b) of the proviso 2 of section 138, the requirement is that the notice shall be given in writing within 15 days of receipt of information from the bank regarding return of the cheque as un-paid and in the notice a demand for payment of the amount of the cheque has to be made. 10. ..... service of notice of demand in clause (b) of the proviso -2 section 138 is a condition precedent for filing a complaint under section 138 of the negotiable instruments act. ..... this in my opinion is a clear demand as prescribed under section 138 of the negotiable instrument act. ..... b) that statutory notice issued does not make demand in terms of section 138 of negotiable instrument act.4. ..... on his failure to make payment, the complaint was filed before the trial court under section 138 of the negotiable instruments act. ..... on the other hand respondent contended that the amount for which the cheques have been issued is legally enforceable debt arising out of the business transaction between the petitioner and the respondent and the notice has been issued strictly in consonance with the aforesaid act.5. ..... service of notice of demand in clause (b) of the proviso to section 138 is a condition precedent for filing a complaint under section 138 of the negotiable instruments act, 1881. ..... the inherent powers do not confer an arbitrary jurisdiction on the court to act according to its whim or caprice. .....