Court : Jammu and Kashmir
Reported in : 1958CriLJ885
..... at liberty forthwith.2. the petitioners allege that they are being prosecuted for offences under section 3 of the enemy agents ordinance, sections 3, 4 and 5 of the explosive substances act and section 120-b of the ranbir penal code, section 29 of the public security act and rules 28/32 of the public security rules in the court of special judge ..... , srinagar, who has been appointed as such by notification no. 1 of 1st october, 1957, by the government of jammu and kashmir in exercise of powers under section ..... choice to send the case to any other magistrate, it must be tried by special judge and no other court. the government cannot make section 5 unworkable or act contrary to section 4 and sub-section (2) of section 5 has got to be read along with s, 4. the word 'may' sometimes means 'must' and the meaning of the .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 1959CriLJ976
..... have it under his control. it must be remembered that under these sections of explosive substances act and arms act, mere possession of incriminating articles constitutes serious criminal offences and there must be in my view mens rea of guilty knowledge before a person ..... that a man possesses everything in the house which he possesses. in my view, however, possession and control required to constitute offences under the explosive substances act and arms act, must mean conscious possession and actual control. a man must know of the existence of something before he can be said to control it or ..... stolen property, the presumption could not be applied. but when he had satisfactorily accounted for his possession, so that the question of the application of section 114, evidence act no longer arose, then it was necessary to show by evidence, direct or circumstantial, that there was some collusion between the thief and the receiver .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 1985CriLJ1682
..... k with the indian union and said that you had resolved to annex the state with pakistan. you also disclosed that your party men were doing to cause explosions with intent to create scare in the minds of the members of minority community. highly objectionable slogans like pakistan zindabad, we want pakistan, indian dogs go back etc ..... to the detenus.4 . heard learned counsel for the respective parties. it has not been disputed that after the enforcement of the amendment by incorporating section 10-a in the act, the grounds are severable and if one of the grounds is proved to the satisfaction of the district magistrate, the subjective satisfaction cannot be called in ..... any other reason whatsoever, and it is not, therefore, possible to hold that the government or office making such order would have been satisfied as provided in section 8 with reference to the remaining ground or grounds and made the order of detention;(b) the government or officer making the order of detention shall be deemed .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 1988CriLJ582
..... operating with, any of the armed forces of the dominion.2. naval, military and air force works, administration of cantonment areas.3. arms, fire-arms, ammunition.4. explosives.it was argued on behalf of the appellant that the provisions of the j & k enemy agents ordinance, were covered by item-i under the head 'defence' and, ..... ordinance, svt. 2005, and one of the grounds of challenge was that there was no legislative competence in his highness to issue an ordinance under section 5 of the constitution act, after the execution of the instrument of accession, surrendering powers regarding defence, communication and external affairs to the government of india and that the ordinance ..... no. 25/3/60-avd (i) and (ii) dated 1-4-1964, authorised the spe to investigate offences punishable under the state p.c. act as well as under sections 161 and 165, rfc besides other specified offences detailed in the notification, in jammu & kashmir. the notifications had been issued consequent upon the consent of .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : AIR1990J& K1,I(1990)DMC586
..... house and home. a house is built by hands, but a home is built by hearts. according to explanation under sub-section (i) of section 13 of the act the expression 'desertion' means 'the desertion of the aggrieved by the other party without reasonable cause and without the consent or ..... of permanently forsaking his company or that she withdraw from his society which would amount to desertion within the meaning of section 13 of the hindu marriage act. it also does not come out from the record that the appellant had made any efforts to bring his wife back ..... the human body. the question of mental cruelty should be decided in the light of the. norms of marital ties of the particular section of the society to which the parties belong keeping in view their social values and the status of the parties. the cruelty may consist ..... be a shell, the same cannot be directed to be destroyed if empty unless it is full of explosives. 13. there is no merit in this appeal which is hereby dismissed with costs. .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 1993CriLJ727
..... in the grounds of detention was not supplied to the petitioner rendering the order of detention illegal. sub-section (2) of section 13 of the act provides that nothing in sub-section (1) of the said section shall require the authority to disclose facts which are considered to be against public interest. the respondent detaining ..... the petitioner are :'to motivate kashmiri muslim youths, to send them across the border for obtaining training in use and handling of sophisticated arms, ammunition and explosives, to propagate through highly objectionable material and to indulge in looting and rioting by killing high dignatories, including police personnel, paramilitary forces, eminent judges and ..... that the facts in the form of the fir were not disclosed to the petitioner in exercise of the powers conferred upon it under section 13(2) of the act. otherwise also the fir mentioned in the grounds of detention has neither been relied nor is the only circumstance against the petitioner requiring .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 1994CriLJ264
..... petitioners is that the impugned orders having been passed by district magistrate were not subsequently approved by the government in terms of provisions of sub-section (4) of section 8 of the act. being devoid of any approval from the government, the order out lives its life after 12 days of its issuance. mr. sethi has ..... to public order. these explosions were made at the dead of night whereupon public had started running helter skelter to save their lives. these ..... lordships have decided whether or not acts of crime are prejudicial to public order. in the authority reported in air 1983 sc 1130 : (1983 cri lj 1649) the question before the hon'ble supreme court was whether two incidents of device explosion in public places were sufficient to declare the acts of these detenues to be prejudicial .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 1996ACJ902
..... not be said to be an accident arising out of the use of the petrol tanker and that the provisions of section 92-a of the act were not attracted in the matter. the tribunal was of the view that the explosion and the fire which took place after about four hours had no connection whatsoever with the accident which took place at ..... will have to be had to the facts that expressions to the same effect were also contained in sections 95 and 110 of the act.(20) the second submission of mr. sanghi was that even if it be assumed that at the time when the explosion and fire took place in the petrol tanker it was a motor vehicle, the tanker was not ..... and the insurer. in addition to compensation of rs. 75,000/-under section 110-a of the act, payment of rs. 15,000/- under section 92-a of the act was also demanded. the defence as set up was that the tribunal could not entertain such a petition on the ground that explosion and fire resulting in injuries to the deceased could not be said .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 1998ACJ317,AIR1998J& K76
..... isolations are not created leading to regional or local imbalances; d) concern for road safety standards and pollution-control measures, standards for transportation of hazardous and explosive materials; e) simplification of procedure and policy liberalisation for private sector operations in the road transport field; and f) need for effective ways of tracking down ..... particular kind of vehicles, thus the deceased being a labourer travelling in the truck, engaged by either of the parties, is covered under section 147 of the motor vehicles act, 1988 and the liability to pay the compensation has to fall on the insurance company.'11. in the instant case, the appellant insurer ..... so that the object of the legislature which was faced with divergent views of various courts of the country giving different intepretations to the provisions of section 95 (old) causing immense harm to many categories of persons by dis-entitling them from claiming compensation either from the insurer or the insured or .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 1999CriLJ1247
..... petitioner of the facts and circumstances warranting his preventive detention under the provisions of public safety act. the petitioner has been acting as courier for bringing ammunition explosives from across the border in valley and the instances have been given in the grounds which ..... 8 of public safety act ..... would specifically reveal that the activities of the petitioner 'were highly prejudicial to the security of the state and union of india'.3. in view of the above assertions in the counter affidavit, the detention under section .....
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