Court : Jammu and Kashmir
Reported in : 2007(3)JKJ60
..... 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. ..... 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. ..... 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. ..... that the officer commanding-in-chief did not possess jurisdiction to set aside the decision of the board was erroneous as this view of the learned single judge was not countenanced by the provisions of the cantonments act, 1924. ..... single judge had not taken into consideration the provisions of section 52(2)(c) of the cantonments act while returning the finding which is impugned in this appeal.10 ..... 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. ..... for all what has been said above, we do not find any merit in this appeal, which is accordingly .....
Tag this Judgment!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 cantonment act 1924 was validly extended to the state of j & k. ..... 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. ..... it was further held in that ease,:' ''there are educational institutions, cinema houses, places of recreation, ghats, police stations, octroi and excise posts etc. ..... in view of what has been stated here-in above, there is no merit in this petition which is dismissed in limine but under the circumstances of the case without any order as to costs. .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2006(2)JKJ631
..... 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. ..... nanavatty, pvsm, uysm, avsm, goc in c, northern command, in exercise of the powers vested in me under section 52(1) of the cantonment act, 1924 do hereby make absolute the revocation of the decision taken by the cantonment board, jammu in their meeting on 18th may, 2001 in so far as it relates to the reinstatement of shri jps cheema ..... one half of the number of members of the board actually holding office at the time, whichever is the greater number ;(1-a) the quorum necessary for the transaction of the business at a meeting of a board constituted under sub-section (5) of section 13 or under sub-section (1) of section 14 shall be two)(2) if a quorum is not present, the president (or in the absence of the president, the vice-president or in the absence of both the president and vice-president, the secretary) shall adjourn the ..... facts which are not in dispute are as under:that the petitioner was working as a sectional officer with ..... as indicated above, what benefit he is to get would depend upon the decision which the respondents ..... as to what relief the petitioner is entitled to, would depend upon the decision which the concerned .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2003(3)JKJ657
..... to be supplied all the material on which the grounds are based flows from the right given to the detenu to make a representation against the detention unless a representation can be made and the order of detention can be assailed only when all the grounds on which the order is based are communicated to the detenu and the material on which those grounds are based are also disclosed and copies thereof are supplied to the person detained, in his own ..... to elaborate, the counsel contends that the grounds are shown to have been served on the detenu on 18.9.01, when the fact is that the order of detention was executed only on 23.9.01 section 13 of the j&k; p.s. ..... 'obviously it cannot be said that the grounds are in fact communicated as mandated by article 22(5) and section 13 of the p.s. ..... 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 ..... act with a view to prevent him from acting in any manner prejudicial to the security of the state. ..... 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. .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : [1974]34STC426(NULL)
..... be presumed that the legislature understands and correctly appreciates the needs of its own people, that its laws are directed to problems made manifest by experience and that its discriminations are based on adequate grounds;(d) that the legislature is free to recognise degrees of harm and may confine its restrictions to those cases where the need is deemed to be the clearest;(e) that in order to sustain the presumption of constitutionality the court may take into consideration ..... the second plank of argument put forward by the petitioner was that even if the provisions of section 4 of the act are intra vires, the notification issued under sections of the act bearing no. s.r.o. ..... where the legislative policy is enunciated with sufficient clearness or a standard is laid down, the courts should not interfere,, what guidance should be given and to what extent and whether guidance has been given in a particular case at all depends on a consideration of the provisions of the particular act with which the court has to deal including its preamble. ..... it has been alleged in paragraph (8) of the petition that the petitioners and bakerywallas are exactly in the same position; both of them manufacture identical food commodities, like nans, puris, kulchas, mathis, etc. ..... by willis in his constitutional law and endorsed and approved the statement made by him regarding the question that the state has to be given a wide discretion in the matter of taxation and in selection of persons and objects, etc. .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2005(3)JKJ373
..... case transferred to the government said tribunal has recorded 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 ..... it has next been contended by learned counsel for the writ petitioner that the proceedings as well as the report/recommendation of the tribunal are vitiated for the reason that no cognizance upon complaint could be taken by the tribunal and no inquiry could be conducted thereon as the complaint against him had not been made by the vigilance commissioner or such other ..... (7) after the reply of the accused to the show cause notice issued under sub-section(6) has been received, the governor may impose upon the accused such penalty as he may deem fit and shall also pass orders regarding the treatment of the period of suspension and the recovery of the amount referred to in sub-section(5) of this section. 13. ..... quired, accrued or incurred under the act of 1975 and the legal proceedings could be instituted, continued or enforced and any such penalty of forfeiture or punishment provided under the act of 1975 could be imposed by deeming that the repealing act had not been passed. .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2003(2)JKJ143
..... 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. ..... on the basis of material on record on the belief that the applicant's prima facie, as successors to their father javeed rasool, did have interest in the specified matrooka property and in case they are left to ordinary course of regular suit, material prejudice would be caused to them and on satisfaction of other requirements, issued notice and proceeded to determine summarily their right to possession. ..... on enquiry.after considering the pleadings, copies of the documents and other material on record the district judge srinagar came to the conclusion that the petitioners are entitled to the possession and have an immediate right to possession of residential/commercial properties situated at hari singh high street, except the shop housing the ..... land and building corporation ltd ..... 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 ..... ' for what is stated above, the preliminary objection to the maintainability of the revision petition is devoid of .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2007(3)JKJ92
..... 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. mr. ..... 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 ..... respondents are directed to release the detenue namely farooq ahmad lone s/o abdul jabbar lone r/o lone mohalla, sogam, district kupwara, forthwith from the custody, if not required in any other case.12. ..... 1978 (for short hereinafter to be referred as the act).2. ..... home/pb-v/1083/2006 dated 25.5.2006 (annexure-e), vide which he has been detained under jammu and kashmir public safety act. .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2007(1)JKJ215
..... committed, was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:provided that nothing contained in this sub-section shall render any person liable to punishment if he proves that the offence was committed without his knowledge, or that he had exercised all due diligence to prevent ..... (2) notwithstanding anything contained in sub-section (1), where any offence under this act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to, any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer, shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished ..... a bare reading of the second proviso to section 141 leaves no manner of doubt that prosecution of those, who are nominated as directors of the companies by virtue of their holding any office or employment in the central government or state government or a financial corporation, owned or controlled by the central government or state government, as the case may be, is ..... in view of what has been held by me in this petition, reference to other pleas raised by learned counsel for the parties and to the judgments in support thereof, may not be .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 1989CriLJ731
..... value 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. ..... it may be 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 ..... 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 petitioners attracts the infraction of the offence under clause (viii) supra being a contravention of sub-section (3) of section 55 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. ..... to be accepted on the sole ground that the application filed by an incompetent person, though he was the counsel for the complainant, could not constitute the complaint in terms of section 97 of the gold control act. ..... they submitted that for contravention of some provisions of the act, the concerned department has already proceeded against them, which has culminated in the imposition of fine, by ..... in several sections (190, 195, 196, 198, 199, 203, 248, 250 etc. .....
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