Judgment Search Results Home > Cases Phrase: chennai city police amendment act 2007 Court: jammu and kashmir Page 1 of about 372 results (0.074 seconds)

Ravinder Kumar JaIn Vs. State of J and K and ors.

Court : Jammu and Kashmir

Reported in : 2008(3)JKJ567

..... 252/07 under sections 17/18/21/24/40 unlawful activities prevention amendment act, 2004 at police station, udhampur and recovery of huge amount generated as terrorists' fund abroad was effected ..... one para from the grounds of detention calls for reproduction, which reads thus:whereas your involvement in hawala scandals has been established in case fir no: 252/07 under section 17/18/21/24/40 of un-lawful activities (prevention) amendment act 2004 p/s udhampur after the recovery of huge amount from your associates generated through the terrorist fund abroad. ..... abrol then submits that if one reads the grounds of detention thoroughly, the main ground for detaining the detenu under the act is that in the event of he being released on bail in near future, there was likelihood of his being continuing in anti ..... it does not get support from the dossier of the detenu perusal whereof indicates that the contents of the detention warrant and grounds of detention were read over and explained to the detenu on 27th of december, 2007 through a police officer (executing officer) in his language and he in token of the same appended his signatures. ..... /2007/18 dated 19-12-2007 (annexure-b) passed by district magistrate, udhampur (re-spondent-2) under section 8 of public safety act, 1978 (for short to be referred to as 'act ..... 2007, he was sent to jail for undergoing the period of detention on the basis of detention order dated 19-12-2007 ..... came to be arrested on 14-11-2007 and since then he is in ..... 2007 (2) jkj .....

Mian Bashir Ahmad and Etc. Vs. State of J. and K. and ors.

Court : Jammu and Kashmir

..... it has next been stated that both the houses of legislature enacted the impugned amended act to combat and check the evil of ..... act. it has also been prayed that the amended act xv be declared as ultra vires the constitution and hence, illegal, null and ..... . representation of the people act, 1957 as introduced by the jammu and kashmir representation of the people (amendment) act, 1979 which has been found to violate and contravene articles 14, 19(1)(a) and 19(1)(c) of the constitution of india, is unconstitutional ..... representation of the people act, 1957 which was introduced by the jammu and kashmir representation of the people (amendment) act, 1979 has been called in question through ..... of the petitioner to refer to the basic constitutional structure of the state constitution was uncalled for and redundant inasmuch as the case at hand would not involve any question regarding constitutional validity or otherwise of any amendment to the constitution, because the constitution has not been amended under the impugned amended ..... the sake of convenience and to follow the arguments advanced at the bar, it may be appropriate to reproduce below the impugned act:--'the jammu and kashmir representation of the people (amendment) act, ..... the amending act, as the statement of objects and reasons shows, was enacted 'with a view to disqualifying a defector from being a member of the state legislature' and the driving force behind the act was the 'widespread concern over the problems of political .....

Rehman Shagoo and ors. Vs. the State of Jammu and Kashmir

Court : Jammu and Kashmir

Reported in : 1958CriLJ885

..... ordinance was promulgated under the inherent power declared by section 5 of the then constitution and by deletion of section 5 in the amending act which came into force in the year 2008 the ordinance did not become invalid.27. ..... authority is expected to select the persons or things to be brought under the operation of the law.in order to see whether section 4, west-bengal criminal law amendment (special courts) act 1949 violates article 14 the real issue to be considered is whether having regard to the underlying purpose and policy of the act as disclosed by its title, preamble and provisions, the classification of the offences, for the trial of which the special court is set up and a special ..... his highness was competent to promulgate the ordinance under section 5 of the constitution even after the accession and having further held that the ordinance is not affected by the amendment of the constitution which came into force in section 2008 by which section 5 of the constitution act was altogether deleted we come to the last question whether or not the ordinance is hit by article 14 of the constitution of india and is void under article 13 of the ..... has been argued by the counsel for the petitioners that by the constitution amendment act of 2008, section 5 was deleted and section 76 does not save the ordinance which was promulgated under section 5 of the constitution act of 1996 by his highness and therefore it must be deemed to have expired when the amendment came into force.23. .....

Mst. Thru D/O Fakiru Vs. Rasal Singh and ors.

Court : Jammu and Kashmir

Reported in : AIR1997J& K88

..... agrarian reforms amendment act 1989) whereby the embargo placed on the alienation of land by way of bequest, occurring in section 31 of the j & k agrarian reforms act of 1976, was lifted and as such the alienation made before coming into operation of the said amendment act no. ..... was no provision of law prohibiting the disposal of immovable property, other than by way of mode of alienation as defined in section 31 of the agrarian reforms act, 1976, before the amendment came into force in 1989 and the will executed by the tectator in favour of the petitioner herein cannot be held to be invalid. ..... in the un-amended act of 1976 (agrarian reforms act) there existed a restriction on alienation of land by means of a sale, gift, mortgage ..... retrospective effect to the amendment, made in the amendment act no. ..... 4 have filed objections to the writ petition pleading that when the will was executed there was a legal prohibition existing in section 31 of j & k agrarian reforms act 1976 for making any alienation of the land, even by way of a will and that the will became operative after the death of the testator, who died in ..... 349 where the amendment affected in the punjab pre-emption act was given retrospective effect ..... invoking the extra-ordinary jurisdiction of this court through the medium of this writ petition by pleading that the legislature made a curative amendment in section 31 of the agrarian reforms act, 1976, through act no. ..... subsequent amendment effected in the section vide terms of act no. .....

Ghulam Mustafa Kamil and ors. Vs. State of Jammu and Kashmir and anr.

Court : Jammu and Kashmir

Reported in : 1971CriLJ48

..... section 13-a as added by the amendment act no. ..... it may be mentioned that on each of the detention orders and the subsequent orders withholding the grounds of detention, there are endorsement of compliance of execution of the orders, purporting to have been made by the serving police officers, but such police officers have not sworn any affidavits to prove them. ..... there was a direction by the detaining authority in each case to the police officer charged with the execution of the detention order, that a notice of the detention order 'shall' be given to the detenu 'by reading over the same to him.'40 ..... a copy of each order supports to have been forwarded to the relevant police officer for service on the detenu concerned, as also to the government and its various authorities ..... provide for the execution of a warrant of arrest by a police officer by the order of any competent magistrate. ..... it is urged that there is no affidavit .sworn by the police officers concerned who are said to have served on the detenus the relevant orders, and arrested ..... section 80 is to the following effect:-the police officer or other person executing a warrant of arrest shall notify the substance thereof to the person to be arrested, and if so required, shall show him the warrant ..... superintendent of police cid/ci, srinagar for execution of the order as provided by section 4 of the jammu and kashmir preventive detention act; 1964 ..... a compliance report by the police officer concerned is also endorsed at the foot of each .....

Hindustan Steel Ltd. Vs. Union of India (Uoi)

Court : Jammu and Kashmir

Reported in : AIR1981J& K13

..... one year and when the suit was not brought within that period a valuable right had accrued to the defendants who could not be deprived to reap the benefit of that right by an amendment in the law, during the pendency of the suit as no amendment in law could be considered to have taken away a vested right accrued to a party in a pending proceedings unless the amended act expressly says so or the intention of the legislative could be reasonably deduced thereby. 18. ..... it was obvious that the marriage laws amendment act, 1976 with which the calcutta high court was dealing in the case, contained an express provision that the amendment would be operative retrospectively and under the circumstances the scope of the provision that fell for consideration before the calcutta high court ..... in the marriage laws amendment act, 1976, however, there is an express provision in this behalf in section 139 ..... in air 1963 sc 1356, the question as to whether income tax act, 1922 as amended in 1955 carried out an amendment in section 34 (1) fa) with regard to substantial law or only procedural law and whether even if the amendment was procedural could it be given retrospective effect or not, came up ..... he, therefore, contended that the suit being still pending in 1980 the amendment in the state limitation act raising the period of limitation in article 31 from one to three years was applicable to the suit at hand and if it was so, within time, because it has been brought within three years of the date 'when .....

Suman Lata Bhagat Vs. State and Others

Court : Jammu and Kashmir

..... minister of state and a deputy minister or advisor to government/chief minister; (13) notification means a notification published in the government gazette and the expression notified shall be construed accordingly; (15) prescribed means prescribed by rules made under this act; (16) public functionary means a person who is or was at any time- (i) the chief minister or a minister; (ii) the speaker or deputy speaker of the state legislative assembly; (iii) the chairman or deputy chairman of ..... personal interest or improper or corrupt motive; (c) has abused or misused his position to obtain any gain or favour to himself or to any other person to cause loss or undue harm or hardship to any other person; (d) has failed to act in accordance with the norms of integrity and conduct which ought to be followed by the public, functionaries of the class to which he belongs; or (e) or any person on his behalf is in possession or has at any time during ..... bhagat, who had challenged the proceedings initiated against them by the commission in owp 902/2006 and owp 72/2007, to be competent and further provided that the proceedings against them will continue before the commission. ..... however, after amendment of the act of 2002, which came into force with effect from 19th january, 2011, the civil servants have been taken ..... in terms of the code of criminal procedure, police stations have been constituted for the purpose of lodging of complaints and/or initiation of ..... police stations are manned by the police .....

State of J and K Vs. Suraj Parkash and ors.

Court : Jammu and Kashmir

Reported in : 2006(2)JKJ663

..... act of 1952/video piracy read with the copy of right (amendment act ..... investigation or during the course of investigation which would mean from the time of the lodging of the first information report till the submission of the report by the officer in charge of the police station in court under section 173(2) crpc, this field being exclusively reserved for the investigating agency.21. ..... section 5-a of the prevention of corruption act, 1947 provided that no police officer below the rank of a deputy superintendent of police shall investigate any offence punishable under section 161, section 165 and section 165a ipc or under section 5 of the said act without the order of a magistrate of the first ..... in supersession of notification sro-133 dated 2-4-1991, the government hereby declare the officer of crime branch, kashmir and the office of crime branch, jammu to be the police stations within their respective jurisdiction in their divisions for purposes of registration and investigation of. ..... kashmir invokes criminal revisional jurisdiction of this court for setting aside 2nd additional sessions judge's order dated september, 18,2003, refusing to take cognizance of the police report under section 173 of the code of criminal procedure filed by police station, crime branch, jammu, on the basis of the investigation carried out in f.i.r. no. ..... , and investigation incompetent and beyond the power delegated to the crime branch police station under sro 133, relying on a division bench judgment of this .....

Sohan Lal. Vs. Mali Ram and ors.

Court : Jammu and Kashmir

..... (5) any application, suit or proceeding relating to cases specified in clause (e) of sub-section (3) which, immediately before the commencement of the jammu and kashmir agrarian reforms (amendment) act, 1988 were pending before any civil court, shall, on such commencement, stand transferred to the collector having jurisdiction over the area in which the land in dispute is situate, and the collector shall in his ..... (3) the following applications, suits and proceedings shall be disposed of by a collector:(a) proceedings under section 56 of the jammu and kashmir tenancy act, samvat 1980;(b) proceedings under sub-section (2) of section 68-a of the jammu and kashmir tenancy act, samvat 1980;(c) proceedings under section 24 of the jammu and kashmir big landed estates abolition act, samvat 2007;(d) application by an owner or an intermediary that the person, who claims to be cultivating the land as a tenant, is not a tenant but a trespasser;(e) ..... the trial court held that the suit is to be tried by authority under the agrarian reforms act (for short, act) and accordingly decided issue no.1 in favour of defendants and against the plaintiff and directed the parties to cause appearance before ..... (4) any application, suit or proceeding of the kind mentioned in sub- section (3), pending at the commencement of this act before a revenue officer subordinate to a collector or any civil or revenue court, shall be transferred to the collector having jurisdiction in the place in which the land in dispute .....

Ramzan Darzi and ors. Vs. Mst. Azizi and ors.

Court : Jammu and Kashmir

Reported in : 1976CriLJ897

..... in respect of land as so defined, which had been commenced before and were pending on the date of coming into force of the amending act, should continue to be tried and disposed of by the judicial magistrates or that they should be transferred to the respective executive magistrates. ..... there is therefore no manner of doubt that the aforesaid words used in the amending act make the act retrospective in operation and have the effect of depriving the judicial magistrates of the jurisdiction to deal with those cases which are contemplated by the aforesaid amending act with effect from 20th march, 1972.11. ..... for a proper determination of this question it is necessary to refer to section 2 of the amending act which provides:in section 145 of the code of criminal procedure, samvat 1989 (hereinafter referred to as the principal act):(i) the full stop at the end of subsection (1) shall be substituted by a colon and thereafter the following proviso shall be inserted namely:provided that where the dispute likely to cause a breach of peace concerns any land as defined in ..... ' previously section 145(1) stood as under:whenever a chief judicial magistrate, or any other judicial magistrate of the first class is satisfied from a police report or other information that a dispute likely to cause a breach of the peace exists concerning any land or water or the boundaries thereof, within the local limits of his jurisdiction, he shall make an order in writing, stating the .....