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J.K. Cigarettes Co. Ltd. Vs. Union of India (Uoi)

Court : Jammu and Kashmir

Reported in : 1988(18)ECC34,1989(39)ELT355(J& K)

..... the challenge is based on two contentions : (a) that since entry 84 of the union list (list i, schedule vii of the constitution of india) was not included in the constitution (application to jammu & kashmir) order, 1950, it could not be subsequently applied to the state and further that the constitution (application to jammu & kashmir) order, 1954 and the taxation laws (application to jammu & kashmir) act, 1954, were invalid and inoperative being violative of the instrument of accession which formed the basis ..... besides this power of making exceptions, the president is given the power to apply the provisions of the constitution of india to the state with such modifications as he thinks fit (see with advantage air 1961 sc 1519). ..... clearly envisaged the convening of a constituent assembly for jammu and kashmir state and also provided that whatever modifications, amendments or exceptions that might become necessary to either article 370 or to any other article in the constitution of india in their application to jammu and kashmir state were subject to the decision of that assembly. .....

Sher-i-kashmir National Medical Institute Trust Vs. State of J and K a ...

Court : Jammu and Kashmir

..... as to enable the institute to play its rightful role of upgrading the health status of the people.11) the governing body shall frame rules and regulations of the institute from time to time.12) the governing body may constitute as many standing committees and as many ad hoc committees as it may consider necessary for exercising any power of discharging any function of the institute or for inquiring into, or reporting or advising upon, any matter ..... a necessary corollary it follows that none of the rights of the petitioner-trust have been violated by virtue of the impugned order which could be enforced through the medium of a writ petition under article 226 of the constitution of india read with section 103 of the constitution of jammu and kashmir. ..... against the government at the instance of the promisee, notwithstanding that there is no consideration for the promise and the promise is not recorded in the form of a formal contract as required by article 299 of the constitution of india corresponding to section 22 of the constitution of jammu and kashmir. ..... to run the sher-i-kashmir institute of medical sciences (skims) and any other institution/institutions affiliated with it in accordance with the terms of the agreement dated 17th december, 1980, through the governing body constituted under clause (5) and other relevant clauses of said agreement;(f) pass such further or other orders that this hon'ble court may deem just and proper in the facts and circumstances of the case.40. .....

State of Jammu and Kashmir, Vs. Dr. Susheela Sawhney and State of Jamm ...

Court : Jammu and Kashmir

Reported in : AIR2003J& K83,2003(1)JKJ35

..... . ghulam shah in his book 'state subjectship in jammu & kashmir' has rightly commented that 'while a permanent resident who in terms of section 6 of the constitution of j&k; is essentially a citizen of india under the constitution of india, he has the additional rights and previleges to the exclusion of the other non-permanent resident, such as the right of suffrage to the legislature of the state, to the local bodies and other institutions, preferential claims to the ..... . the full bench of the high court opined that the position that emerges as a result of the combined reading of the provisions of articles 5 & 6 of the constitution of india, of the citizenship act and of section 6 of the state constitution is that the juristic or artificial persons like companies and corporations have not been included within the ambit of the term 'permanent resident'.38 ..... . not only that two constitutions govern the state, one constitution is the state's own constitution adopted by the constituent assembly on 17-11-1956 (hereinafter called the 'state constitution') and the second is the constitution of india which applies to the state with such 'exceptions' and 'modifications' and from such date, as the president of india may promulgate under and in accordance with article 370 of the constitution of india (hereinafter called the 'indian constitution').3 .....

H.S. Rainal Vs. Union of India (Uoi) and ors.

Court : Jammu and Kashmir

Reported in : AIR1995J& K7

..... to the provisions in the state constitution contained in the constitution of india. ..... its own rules, provide as it thinks fit for exercise, by one or more judges, or by division courts constituted by two or more judges, of the high court, of the original and appellate jurisdiction vested in the ..... to command as follows:1) that with effect from the fifteenth day of baisakh smavat one thousand nine hundred and eighty five, the high court of judicature jammu and kashmir state shall be constituted and shall consist of a chief justice and two or more judges, as his highness the maharaja bahadur may from time to time, think fit to appoint. ..... 225 of the central constitution, which preserves the powers of the high court available under section 223 of the government of india act 1935 which, in its turn, preserved the powers of the judges and the power of the high court to make rules available under section 103 of the government of india act, 1915 which is quoted below:--'section 108: exercise of jurisdiction by single judges or division courts: -- (i) each high court, may by ..... conferred on the high court by section 108 still subsists, and it has not been affected in any manner whatever either by the government of india act, 1935 or by the new constitution. .....

State of Jammu and Kashmir Vs. Dr. Karan Singh and anr.

Court : Jammu and Kashmir

Reported in : AIR1997J& K132

..... in air 1971 sc 530, a bench of 11 judges considering the scope of article 366(22) and article 362 and 291 of the constitution of india referring to a claim by the ex-ruler, at para 127,the hon'ble supreme court has held, as already quoted at page 35 of this judgment.indeed, purview in the above said paragraph, with reference to the right of inheritance by a hindu ..... . the notification dated 13th december, 1956 published in the gazette of india on 22nd december, 1956 was as follows :-- 'in pursuance of clause (22) of article 366 of the constitution of india the president is hereby pleased to recognise his highness maharaja rana shri hemand singh as the ruler of dholpur with effect from 22nd october, 1954 in succession to his late highness maharajaadhiraja sri sawai maharaj rana ..... pradesh. reported in air 1961 sc 7 75.a bench of five judges, under articles 363 of the constitution of india dealing with a dispute arising out of merger agreement of instrument of accession, held as follows :--'two questions in the main were urged before us (1) whether the appellant is a proprietor within the meaning of that expression in the act and ..... ''it is further added as to the feasibility ofissuing a writ under article 226 of the constitution of india, that the articles which are subject matter in the writ petition and its nature so as to confer or extinguish ownership rights of the petitioner over the said articles cannot be determined by the hon'ble court in its .....

Miss Payal Sawhney Vs. Meenakshi Suri and ors.

Court : Jammu and Kashmir

Reported in : AIR1995J& K36

..... in any case a division bench differs from any other division bench of the court on a point of law or usage having the force of law such case or point shall be referred for decision by a larger bench to be constituted by the chief justice'.a perusal of the afore-quoted proviso shows that a reference is maintainable to a larger bench only if the following conditions are present:--(i) there must be a decision of a division bench of this court on a ..... also failed to justify category (iii) on the basis of the tests laid down by the apex court as well as other high courts in the country while interpreting articles 14 and 15 of the constitution of india. ..... and arbitrary and violative of articles 14 and 15 of the constitution of india.45. ..... this bench alsodid not quash the selections and admissionsalready made but expressed opinion on theconsitutional validity of the categorisationmade by the state government and held thesame to be constitutionally impermissible.after doing this the bench proceeded to issuedirections to the state regarding the mannerin which candidates will be selected in future.a specific direction contained in paragraph(iv) of the operative portion of the judgmentreads ..... in both the writ petitions the challenge was threefold -- (1) the categorisation did not pass the test to reasonableness so as to be constitutionally valid, (2) the manner of selecting candidates for nomination was faulty, and (3) in selecting candidates favouritism had been practised and persons not .....

Ghulam Nabi Bhat and ors. Vs. State of Jandk and ors.

Court : Jammu and Kashmir

Reported in : 2003(1)JKJ563

..... civil secretariat and the heads of department on the other hand; c) it be declared that sro 227 dated 24th of june, 1985 is ultra vires under article 14 and 16 of the constitution, being discriminatory and as such liable to be quashed of fending both articles 14 and 16 of the constitution of india, d) by an appropriate writ, order or direction respondent- state be directed to provide 50 : 50 ratio between the section officers working in the civil secretariat and the 'offices of heads ..... according to the respondents, the writ jurisdiction of the court under article 226 of the constitution of india read with section 103 of jammu and kashmir constitution cannot be invoked to compel the state to exercise the legislative functions and that too when the same will have the effect of amending the valid rules having the ..... group does not seem to be based onany intelligible criteria or rationale.refusal on the part of the respondents to grant such benefit to the petitioners is hit by the mandate of article 14 and 16 of the constitution of india.31. ..... there is also no substantial difference between the two services, namely, the jammu and kashmir administrative officers (gazetted) service constituted vide sro 272 of 16thaugust, 1996 and the jammu and kashmir private secretaries to heads of department (gazetted) service constituted vide sro 305 of 6th september, 2000, in as much as both have to be administered by the general administration department - not only that, the service of the petitioners .....

Sher-i-kashmir National Medical Institute Trust Vs. State of J and K a ...

Court : Jammu and Kashmir

..... the repeal of articles 19(1)(f) and 31 of the constitution of india by the 44th amendment is not applicable in the state of jammu and kashmir and the right to property continues to be a fundamental right in the state. ..... 1 to 11 to run the sher-i-kashmir institute of medical sciences (skims) and any other institution/institutions affiliated with it in accordance with the terms of the agreement dated 17th december, 1980, through the governing body constituted under clause (5) and other relevant clauses of said agreement;(f) pass such further or other orders that this hon'ble court may deem just and proper in the facts and circumstances of the case. 5. ..... same would be enforceable against the government at the instance of the promisee, notwithstanding that there was no consideration for the promise and the promise is not recorded in the form of formal contract as required by article 299 of the constitution of india and section 22 of the state constitution ..... the action of the state was violative of articles 14 and 19(1)(f) of the constitution of india. ..... argument noticed that vide clause (e) of the relief portion of the reliefs the petitioner seeks direction upon the respondents to run affairs of the institute in accordance with the terms of the agreement through the governing body constituted under clause 5 and other clauses of the agreement, the learned judge took the view that the petitioner wants this court to direct performance of the agreement .....

National Hydroelectric Power Corporation Ltd. and anr. Vs. State of Ja ...

Court : Jammu and Kashmir

Reported in : 2005(2)JKJ5

..... he pointed out that under entry 84 of list 1 of the seventh schedule to the constitution of india it is the parliament alone which is competent to make law with respect to duties of excise on goods manufactured or produced in india except (a) alcoholic liquors for human consumption; and (b) opium, indian hemp and other narcotic drugs and narcotics ..... it is submitted that levy of duty on generation of electricity is the preserve of the parliament by virtue of entry 84 of list i of the vii schedule to the constitution of india and the state legislature is not competent to enact any law on the subject. ..... by presidential order, made under article 370(1), called the constitution (application to jammu and kashmir) order 1954, the provisions of the constitution of india were extended to and made applicable to the state of jammu and kashmir with several exceptions and ..... learned advocate general pointed out that under article 248 of the constitution of india the parliament has exclusive power to make any law with respect to any matter not enumerated in the concurrent list or the state list ..... the applicability of the aforementioned provisions, amongst other provisions of the constitution of india, is hedged in by the special provisions contained in article 370 so far as the state of jammu and kashmir is ..... reference is also made to section 114 of the state constitution corresponding to article 165 of the constitution of india which prohibits imposition of tax save by authority of law .....

The Jammu and Kashmir Sharnarthi Action Committee and ors. Vs. State o ...

Court : Jammu and Kashmir

Reported in : AIR1997J& K15

..... -- (1) every person who is, or is deemed to be a citizen of india under the provisions of the constitution of india shall be a permanent resident of thethe state, if on the fourteenth day of may, 1954:-- (a) he was a state subject of class i or the class ii; or (b) having lawfully acquired immovable property in the state, he has been ordinarily resident in the state for ..... indeed it is not open for this court in exercise of the powers conferred under article 226 of the constitution of india read with section 103 of the constitution of j. & k. ..... in the light of the foregoing provisions, it is made clear that the provisions of section 6 of the constitution of jammu and kashmir dealing with permanent residents and lawfully acquiring citizenship of india shall be entitled to participate in the 'election of assembly either as a voter or as a representative to be elected.13. ..... therefore when we consider both the provisions of section 6 of the constitution of jammu and kashmir vis-a-vis the above provisions of the representation of people act, 1957, unless the writ petitioners (appellants) either continue to be residents of that area which is now called pok area and continue to enjoy the citizenship of india, cannot either exercise the right of franchise seeking to vote in that area or intending to contest as representatives to be elected from that area in the light of the .....