Court : Jammu and Kashmir
Decided on : Sep-05-2003
Reported in : 2004(1)JKJ48
..... orders of dismissal in respect of each of these employees were passed separately in exercise of powers vested with the governor under proviso (c) to sub-section (2) of section 126 of the constitution of jammu and kashmir (hereinafter referred to as 'the state constitution'). respondents in the above seven letters patent appeals and petitioners ..... minister was assassinated by two members of her security staff. in connection with the murder, criminal case under sections 307, 302 and 120b of indian penal code read with sections 25, 27, 54 and 59 of the arms act was registered and the respondent was arrested in the said criminal case. a departmental enquiry was also ordered ..... in anti-national activities inasmuch as he had participated in activities leading to even use of explosives with a view to creating disturbance. he, in fact had been detained twice under the provisions of jammu and kashmir public safety act, 1978, though the orders of detention had been quashed by the court. in short, .....
Tag this Judgment!Court : Jammu and Kashmir
Decided on : Apr-08-2003
Reported in : 2003(3)JKJ628
..... to him thereby he is prejudiced in making the representation. by violating this right of detenue guaranteed under article 22(5) of the constitution and section 13 of the j&k; public safety act, the detention is rendered bad and illegal. the counsel further contends that there has been delay in executing the order of detention, notwithstanding that ..... grounds show that at least two cases on first information reports are registered against detenue in which the subject figures in connection wit recovery of some arms, ammunition and explosives. it is also part material relied on, obviously at least a little detail ought to have been placed on record to show involvement of the subject, if ..... has not been supplied any translation or transcript of the grounds in kashmiri.6. in raziya umar bakshi's case. (air 1980 sc 1751) in the context of cofeposa act of 1974. his lordship late s. murtaza fazal ali, j, observed :-'5. in this view of the matter, the detention becomes invalid on this ground alone. i .....
Tag this Judgment!Court : Jammu and Kashmir
Decided on : Dec-02-2003
Reported in : 2004(1)JKJ1
..... holds, possesses and even owns the acquired land for carrying out the development in the state in accordance with the plans as enumerated in section 6 of the act. in case sub-section (4) of section 18 would not be there, there was every likelihood that government, if it would require any nazul land for any purpose, would ..... the jammu development authority, it could not be taken away from it or allotted to any other person by the government except in compliance with sub-section (4) of section 18 of the development act, 1970. these submissions, however, did not find favour with the learned single judge. the learned single judge, treating the writ petition as contempt ..... to quashment of the order of dy. custodian as being without jurisdiction to enable the custodian general to exercise the power, if necessary, under sub-section (4) of section 30 of the act. it appears that subsequently his case was recommended by the custodian, evacuee property, vide his no. 501-ap dated 1.11.1991 to the .....
Tag this Judgment!Court : Jammu and Kashmir
Decided on : May-30-2003
Reported in : AIR2004J& K52,2003(3)JKJ473
..... were being managed by the sajjad nisheens syed lutfullah shah and peer nizam-ud-din. on coming into force of the jammu & kahmir muslim wakfs act, 1959 under section 4(3) of the act a special officer was appointed to make a report pertaining to the wakfs properties situate at kishtwar. the special officer in his report dated 09.08. ..... appreciation of evidence not be interfered in appeal.12. we have heard the learned counsel fro the parties and have through the record of the case. section 2(d) of 1978 act defines as under:'wakf means the permanent dedication by a person professing islam of any property movable or immovable for any purpose recognized by muslim law or ..... . peer nizam-ud-din and one syed maqbool shah son of syed mubarik shah alleging themselves to be the shajjad nisheen of the ziarats filed appeal under section 6(2) of 1978 act before the minister-in-charge, muslim auqaf affairs, jammu who had been vested with the powers of appellate authority. the appeal came to be dismissed on .....
Tag this Judgment!Court : Jammu and Kashmir
Decided on : Aug-22-2003
Reported in : 2004(1)JKJ416
..... is further submitted that since the petitioners were not shown as interested persons, in any revenue record, therefore, there was no requirement under section 4 of the land acquisition act, to issue personal notices to the petitioners before passing of the award. it is further submitted that the petitioners had acquired knowledge of ..... of fire service department in public interest, the stand and submissions made by the respondents, in their reply, is that notification under section 4(2) of the land acquisition act, was issued strictly in accordance with law, requiring the interested persons to file objections, if any, regarding the acquisition of land. it ..... no. 2, without complying with the procedural requirements of informing the petitioners by beat drum, public notice and other modes provided under section 4 of the land acquisition act, acquired the land in abject disregard of law passed award, without giving the petitioners an opportunity of objecting to the acquisition proceedings. it .....
Tag this Judgment!Court : Jammu and Kashmir
Decided on : Mar-26-2003
Reported in : 2003(3)JKJ294
..... cannot challenge the quantum of compensation on merit, as the defence available to the insurer is limited to the ground mentioned under section 149(2) of the motor vehicles act, 1988., sub-section (2) of section 149 clearly provides that an insurer made a defendant to the action is not entitled to take any defence which is not ..... defence not provided in the aforesaid provision. therefore, the appeal by insurance company against the award of the tribunal on merit without having obtained permission under section 170 of the motor vehicles act, 1988, is not maintainable, as is handed down by the apex court in shankarayya and anr. v. united india insurance co. ltd. and anr ..... in respect of the liability when any such judgment or award is secured against the insured. a conjoint reading of the proviso to sub-section (4) and sub-section (5) of section 149 would clearly indicate that the provisions are meant to safeguard the interest of an insurer, who otherwise has no liability to indemnify the .....
Tag this Judgment!Court : Jammu and Kashmir
Decided on : Oct-31-2003
Reported in : 2004(2)JKJ638
..... hon'ble supreme court has in clear terms considered the application of provisions of persons with disabilities (equal opportunities, protection of rights and full participation) act, 1985 and keeping in view the provisions of sections 47 and section 2(t), it has been held that the petitioner in the said case, who was serving in special service bureau (ssb), is entitled to ..... brought my attention to notification no. so 994(e) and so 995(e) issued by the government of india exempting the bsf from the operation of sections 33 and 47 of the act. copies of these notifications have been placed on record. mrs. kour has vehemently argued that in view of the judgment of apex court reported in kunal ..... vide notification no. so 994(e) and so 995(e) has exempted all the central para military forces including the bsf from the purview of sections 33 and 47 of the aforesaid act keeping in view the type of work to be carried on by the members of the force. it is also mentioned in the reply that the .....
Tag this Judgment!Court : Jammu and Kashmir
Decided on : Jul-08-2003
Reported in : AIR2004J& K135,2006(2)CTLJ97(J& K)
..... his other contention that the impugned orders are referable to the statutory power of the government to manage and control the demarcated forests conferred on it by section 4, forest act. in none of the four types of lease agreements a provision is to be found that the government shall have a right to stop granting extensions, ..... learned counsel too for the simple reason that a contractual stipulation is a mutual agreement between the parties. it can only be challenged in terms of section 23 of the contract act, if it is against the public policy that too by way of civil proceedings as it may involve evidence. the contractual stipulations involving only contractual ..... 9, 13, 25 and 26 of the judgment of apex court are reproduced as under :--9. it appears that a large number of applications under section 33 of the arbitration act had been moved in delhi high court in similar matters. in some of the cases injunctions were also issued by the learned single judge restraining the respondents .....
Tag this Judgment!Court : Jammu and Kashmir
Decided on : Oct-16-2003
Reported in : 2004(1)JKJ556
..... of maintenance during their lives out of the estate of lingayya. this right and the corresponding liability of the appellants to pay maintenance are not affected by sections 21 and 22 of the act. the continuity claim of the respondents during their lifetime springs out of the original right vested in them on the death of the lingayya and is not ..... services recruitment rules 1992 are creation of sro 194 dated 18-8-1992. recruitment rules have been framed by the government in exercise of the power conferred by proviso to section 124 of the constitution of jammu and kashmir. these transitory rules framed under article 124 of the constitution of jammu & kashmir has the force of law till an enactment ..... be adopted if the words are open to another construction. see craies on statute law, 6th edn. (1963) p.397. we think that ss 21 and 22 read with section 4 do not destroy or affect any right of maintenance out of the estate of a deceased hindu vested on his death before the commencement of the .....
Tag this Judgment!Court : Jammu and Kashmir
Decided on : Mar-28-2003
Reported in : 2003(2)JKJ82
..... alleged offences and the learned special judge, anti-corruption, found him guilty under section 5(2) p.c. act and section 161 r.p.c. and he was sentenced accordingly.5. mr. o.p thakur, learned counsel appearing for the appellant, vehemently urged that the trial court ..... of this case.4. on a written complaint expw-i/d lodged by imam din to vigilance organization, led to the registration of case under section 5(2) prevention of corruption act, 2006 read with section 161 r.p.c. and an investigation ensued. on the conclusion of investigation, the accused was sent up to face the trial for the ..... appellant, accused mohd. din, head constable, was convicted and sentenced to undergo two years' rigorous imprisonment and a fine of rs. 3,000/- in proof of offence under section 5(2) prevention of corruption act, 2006 and further sentenced to suffer two years' rigorous imprisonment and a fine of rs. 3,000/- for offence under .....
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