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 : Aug-05-2003
Reported in : 2003(3)JKJ345
..... children upto the level of class eighth. the section reads as under:'4. compulsolry education upto class eighth. - the government shall provide for free ..... and compulsory education for children upto the level of class eighth throughout the state within a period of ten years from the commencement of this act and for this purpose it shall take ..... . the object and the preamble of this act read:'whereas it is expedient to achieve the goal of universalisation of elementary education and to provide for better organisation and development of school education in the state. '39. under section 4 of the act, the state is duty bound to provide for free and compulsory education for .....
Tag this Judgment!Court : Jammu and Kashmir
Decided on : Aug-30-2003
Reported in : 2003(3)JKJ669
..... grounds are the basis for ordering his fresh detention, notwithstanding, being in custody previously under the detenue has been communicated the grounds of detention within meaning of section 13 of j&k; public safety act and article 22(5) of the constitution.18. in sophia gulam mohd. bham v. state of maharashtra and ors., air 1999 sc 3051, the apex ..... magistrate srinagar, who has custody of and access to the record. the detention order is stated to have been passed on application of mind under section 8 of the j&k; public safety act. the grounds of detention speak for themselves about the cogency of material grounds and satisfaction of the detention authority. the grounds of detention have also ..... mushtaq ahmad bhat, was detained on 24.1.2000 under order dms/ps/153 dated 17.1.2000 for a period of 24 months under section 8 of the jammu and kashmir public safety act 1978. this order expired on 23.1.2002. during the above period of detention, detenu was lodged in kotbulwal jail jammu from 24.1. .....
Tag this Judgment!Court : Jammu and Kashmir
Decided on : Jul-21-2003
Reported in : 2004(1)JKJ380
..... . it hardly needs to be mentioned that a documentary bill is a bill of exchange and a negotiable instrument within the meaning of negotiable instruments act, 1881. under section 15 of the act 'endorsement' is defined as under:'15. endorsement. -- when the maker or holder of a negotiable instrument signs the same, otherwise than as such ..... is proved beyond doubt. if the bill in question was purchased by the appellant-bank, how the respondent could get the goods retrieved from the cargo section of the airport at delhi title documents whereof stood allegedly transferred to the appellant bank. mr jan learned counsel for the respondent, argued that these communications could ..... order to save the interests of the respondent, the foreign bank, oh 16th june, 1996, addressed a letter to the saudi airlines, king khalid international airport, cargo section, riyadh, expressing no objection in handing over to m/s mohandis ahmad saleh, a1-wakil, the delivery of the goods in question' for the purpose of re .....
Tag this Judgment!Court : Jammu and Kashmir
Decided on : Sep-08-2003
Reported in : III(2004)ACC917,2005ACJ1831,2004(1)JKJ611
..... court.6. now coming to the question of maintainability. though the appeal is to filed under the provisions of motor vehicle act, yet the general principles of code of civil procedure are applicable. under section 96 sub-section 3 no appeal lies from a decree passed by the court with the consent of the parties. learned counsel for the ..... consideration the nature of the injuries sustained by them, age and other factors, such agreement arrived at between the parties cannot be lightly brushed aside or refused to act upon by the tribunal. the tribunal also has a responsibility to see that due sanctity is given to such compormises and the parties are encroached to settle matters so ..... consent award is not maintainable under law. he wanted to press into service the provisions of section 20(2) of j&k; legal services authority act, 1997. in addition to this, he has stated that even under general principles of law i.e. section 96 of code of civil procedure, no appeal lies against a consent decree.4. i .....
Tag this Judgment!Court : Jammu and Kashmir
Decided on : Jun-10-2003
Reported in : 2003(3)JKJ676
..... 4 situate at adhkuwari paying monthly rent regularly seven years prior to the coming up of shri mata vaishno devi shrine act, 1986 (governor's act) subsequently replaced by 1988 act and under section 20(3) of the said act have become the tenants of the shrine board located at enroute holy shrine from katra. the shops were constructed by ..... shops at vaishno devi. the document tender notice clearly negatives the plea taken by the plaintiffs-petitioners to be the tenants under the dharmarth trust. section 20(3) of the act protects the tenancy of only those persons who are tenants under dharmarth trust and does not even protect the license into tenancy. the status of the ..... in the licensed premises were required to surrender the possession on the expiry of licence period. it was also contended by the respondents/defendants that under section 20(3) of the act, the tenancy of those persons is protected in respect of the suit shops, who were the tenants of the dharmarth trust. it, however, does .....
Tag this Judgment!Court : Jammu and Kashmir
Decided on : Jun-07-2003
Reported in : I(2004)ACC655,2003ACJ1591,2003(3)JKJ633
..... relief given the context that the provisions is beneficial and has social purpose, the tribunal's conclusion that prima facie the case falls within the ambit of section 140 m.v. act is justified and sustainable. the interim award is within parameters of mandatory requirements of law in the given fact situation of this case. this award is ..... and ors., in the context of interim award 2002 klj 349 (vol. xli), i had an occasion to deal with award of interim relief under section 140 of m.v. act and the following observations squarely apply to this case:-'.....the presiding officer of mact baramulla has considered matter minutely. it has come to the conclusion that at ..... those enumerated grounds and the appeal being a product of the statute it is not open to an insurer to take any plea other than those provided under section 149(2) of the act (see national insurance co. ltd. chandigarh v. nicolletta rohtagi and ors., 2002 (7) scc 456). this being the legal position, the petition filed under .....
Tag this Judgment!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 : Mar-07-2003
Reported in : 2003(3)JKJ61
S.K. Gupta, J.1. This is third round of litigation that the petitioners have approached the court by means of this writ petition for issuance of a writ in the nature of certiorari quashing the order No PCCF/Lease/Timber/1600-3 dated 15th July, 2002 issued by Principal Chief Conservator of Forests, whereby the sanctions issued to the petitioners for extracting timber from deodar dried standing trees in favour of the petitioners were found contrary to the rules. Further direction was sought by a writ of mandamus in directing the respondents to release the timber and its transportation permission with regard to the timber for which sanctions have been issued in their favour.2. The case of the petitioners in brief is that the petitioners applied to the respondents for sanction to extract timber from deodar dried standing trees which, after completion of the formalities and on the recommendation of Forest Authorities, sanction was accorded in favour of the petitioners for extracting timber ...
Tag this Judgment!Court : Jammu and Kashmir
Decided on : Mar-13-2003
Reported in : 2003(2)ALT(Cri)11,2003CriLJ2932,2003(2)JKJ334
..... propounded by special judge anti-corruption, jammu, whereby prem parkash, tehsildar and charan dass, patwari, have been acquitted for offences under section 5(2) of the prevention of corruption act, 2006 read with section 161, rpc.2. vigilance organization jammu sent up for trial accused prem parkash, tehsildar and charan dass, patwari in the court of ..... special judge, anti-corruption, jammu for the commission of offence under section 5(2) of the prevention of corruption act, 2006 and section 161, rpc in alleging that the accused have demanded and obtained illegal gratification of rs. 3.000 from prabh dayal, complainant, ..... been set at rest in catena of cases by various high courts. the word 'obtains' has been used by the legislature in section 5(1)(d) of the prevention of corruption act has a definite meaning. it clearly contemplates that before a person can be proceeded against under these provisions, it is necessary to prove .....
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