Court : Jammu and Kashmir
Decided on : Mar-22-2006
Reported in : 2006(2)JKJ663
..... and ammunition explosive which suspected to be of political nature.15. explosive act, 1984 (act no. iv of 1984) and explosive substances act, 1908 (act no. iii, vi of 1908).16. cinematography act of 1952/video piracy read with the copy of right (amendment act), 1984.17. public gambling act (svt. 1977).18. narcotic drugs and psychotropic substance act, 1985.19 ..... of offence/s in cognizable offences precedes investigation under chapter xiv of part-v of the code of criminal procedure, svt, 1989 and follows cognizance under section 190 in chapter xv-part-vi of the code.7. facts, appearing from the investigation report of any police officer, and not the jurisdiction to ..... kashmir homecdepartmentnotificationsrinagar, the 3rd june, 1999.sro-202. - in exercise of the powers conferred by clause (o) of sub-section (1) of section 4 of the code of criminal procedure, samvat 1989 (act no. xxiii of 1989) and in supersession of notification sro-133 dated 2-4-1991, the government hereby declare the officer .....
Tag this Judgment!Court : Jammu and Kashmir
Decided on : Nov-06-2006
Reported in : 2007(1)JKJ586
..... registered at p/s cik humhama, which the senior superintendent of police describes in his dossier as a case registered under sections 3/4 tada, 2/3 e&imco;, 251.a. act, 4/5 explosive substances act besides sections 302, 307, 365 and 120b of rpc. the punishment which these offences entail is death penalty or life imprisonment. satisfaction ..... may be safely concluded that requisite material was not there on records on the basis whereof detention of the petitioner could be ordered under section 8 of jammu and kashmir public safety act 1978. grounds of detention being vague and ambiguous have deprived the petitioner/ detenue of his constitutional right under article 22(5) to make ..... of the matter he had been deprived of his constitutional right under article 22(5) of constitution of india and legal right under section 13 of jammu and kashmir public safety act 1978.6. learned state counsel, on the other hand, produced the detention records and submitted that there was enough material on records .....
Tag this Judgment!Court : Jammu and Kashmir
Decided on : Dec-22-2006
Reported in : 2008(1)JKJ382
..... petitioner says that the detention order suffers from non-application of mind of the detaining authority besides being unwarranted and unconstitutional as it offends section 13 of public safety act and article 22(5) of constitution of india. learned counsel submits that there was no material worth the name justifying detention of the ..... and to spread scare and alarm among the general public with the plan to cause killings, destruction of property by causing explosions and by using lethal/fire arm weapons. whereas, you were acting as a courier and harbour of militants at your residence at udhampur for the last three years and has also ..... the source or material, unless, however, the detaining authority exercises his power to dispense with the requirement of disclosing grounds of detention under section 13(2) of the public safety act, in public interest, renders the detention unconstitutional for it deprives the detenue his light of making an effective representation against his detention.8. .....
Tag this Judgment!Court : Jammu and Kashmir
Decided on : Apr-05-2006
Reported in : 2007(1)JKJ226
..... and ammunition were recovered from the possession of accused and trial court rightly convicted and sentenced the accused for the commission of offence punishable under section 7/25 arms act.71. in view of the above discussion, this review petition merits to be partly allowed and partly rejected. viewed thus, the order of ..... is relevant, insofar as they are necessary for the purpose, are relevant. so the evidence of identification is a relevant piece of evidence under section 9 of the evidence act where the evidence consists of identification of the accused person at his trial. the statement of the witness made in the court, a fortiori ..... shafi, ghulam hussan wani, nissar hussain and lal hussain were apprehended and arms, ammunition and explosives were recovered from their possession details of which are given in the seizure memos.4. accused had brought the arms, ammunitions, explosives from paskistan after crossing border and obtaining training from isi, in order to escalate the militant .....
Tag this Judgment!Court : Jammu and Kashmir
Decided on : Jul-20-2006
Reported in : 2007CriLJ513
..... sent to him by the police. such is the position of law as to the proving of the contents of a document. chapter iv of the evidence act smvt. 1977, in section 60, provides that oral evidence must in all cases whatever, be direct, that is to say if it refers to an opinion or to the grounds on ..... admissible in evidence. section 510 of the chapter xli of the code of criminal procedure dealing with special rules of evidence, reads thus:510. report of chemical examiner(1) any document purporting to be a report under the hand of any chemical examiner or assistant chemical examiner to government (or the chief inspector of explosive or the director ..... most casual and cursory manner.incriminating circumstances appearing in evidence in a prosecution are required to be put separately to the accused for his explanation, is the mandate of section 342 of the code of criminal procedure. learned sessions judge has committed an error in not following this mandate. appellant's counsel, in my opinion, is, thus, .....
Tag this Judgment!Court : Jammu and Kashmir
Decided on : Mar-22-2006
Reported in : AIR2007J& K4,2006(2)JKJ397
..... under:we are of the view that vikas patras are not goods like shares and debentures. goods have been defined in the sales of goods act. in section 2(7) of the sales of goods act, 1930, every kind of moveable property other than actionable claims and money and includes stocks and shares etc. learned counsel for respondent has ..... appeals, over-ruling the stand taken by the appellants. while doing so, the commission held that respondent-companies are consumer within the definition of section 2(d)(i) of the state consumer (protection) act; that they had hired the service of the appellants and had not purchased any goods and the vikas patras were not goods but were ..... patras.3. these complaints were contested by appellants primarily on the ground that the respondent companies were not a consumer within the definition of section 2(d)(i) of the consumer (protection) act and even if they were treated to be consumer, they were not entitled to payment of any interest on the patras which were issued .....
Tag this Judgment!Court : Jammu and Kashmir
Decided on : May-23-2006
Reported in : 2006(2)JKJ495
..... of punjab and haryana chameli and ors. v. mukesh and ors. reported as 2002 acj 1344, to urge that section 2(44) of the motor vehicles act defines the tractor, which in terms of section 2(28) of the motor vehicles act falls in the definition of motor vehicle and the claim was, thus, maintainable under the motor vehicles ..... carrying passengers. deceaseds using the tractor as a mode of transport would not, thus, entitle his dependants to claim any relief of compensation from the insurer under the motor vehicles act 1988.learned counsel relies on natwar parikh and co. ltd. v. state of karnataka and ors. reported as : air2005sc3428 .8. sh. s. a. salaria, learned ..... act.9. he further submits that the insurance policy does not prohibit the carrying of persons on the tractor where specific .....
Tag this Judgment!Court : Jammu and Kashmir
Decided on : Feb-24-2006
Reported in : 2006(2)JKJ234
..... 97.7. we will now notice the second charge-sheet on which the appellant has been convicted and sentenced. second charge reads, thus:bsf act committing a civil offence, that is section 46 to say criminal conduct for having been a public servant, in possession of pecuniary resources, disproportionate to his known sources of income, ..... for which he can not satisfactorily account for, an offence specified in section 13(1)(e) of prevention of corruption act 1988, punishable under section 13(2) of the said act. in that he,between jan 1997 and july 1997, was found in possession of assets worth rs. 79,495/- ..... opportunity of hearing and producing evidence by the commandant before directing his trial by the general security force court on a charge under section 13(1)(e) of the prevention of corruption act, 1988. according to the learned counsel, opportunity of hearing including leading of evidence provided by the commandant to the appellant on a .....
Tag this Judgment!Court : Jammu and Kashmir
Decided on : Mar-17-2006
Reported in : 2006(2)JKJ589
..... public purpose till taking over of the property. the payment of compensation even under an award or otherwise is also the responsibility of the competent authority. section 24 of the act clearly empowers the competent authority to recover the amount, which it is liable to pay to the owner from the user of the property as arrears ..... is compelled to surrender the property.10. i have noticed hereinabove, the relevant provisions of the requisitioning and acquisition of immovable property act. the competent authority has been defined under section 2(b) of the act and it is this authority who is to initiate all proceedings right from formulation of the opinion to take over the property ..... the competent authority to direct the delivery of possession and on failure of the owner to take over the possession of the property. section (5) of the act further empowers the competent authority to order the owner to execute necessary repairs after the requisition of the property and on failure of the owner .....
Tag this Judgment!Court : Jammu and Kashmir
Decided on : Apr-03-2006
Reported in : 2006(2)JKJ146
..... declaration that they are the employees of the company and claimed monetary and other benefits. the company was under an obligation to establish a canteen under section 46 of the factories act. the writ court held that establishment of the canteen being a statutory obligation upon the company, the company was considered to be discharging a public ..... , the appellant is engaged in the manufacture and sale of cigarettes will not involve any public function. incidental to that activity there is an obligation under section 46 of the act to set up a canteen when the establishment has more than 250 workmen. that means, it is a condition of service in relation to a workman ..... necessarily to be a govt. director. in such situation, the government is in a position to influence and control every decision of the board of directors.section 300 of the companies act, 1956 provides:300. interested director not to participate or vote in board's proceedings.- (1) no director of a company shall, as a director, .....
Tag this Judgment!