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 : 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 : Feb-10-2003
Reported in : 2003CriLJ2237,2003(3)JKJ268
..... or drink has been rendered noxious. this offence is thus different from that which is covered by the provisions of food adulteration act. thus mixing of water with milk for sale may not be an offence under section 272 of the penal code. in such cases, it has to be demonstrated that by doing so the milk was rendered ..... would be noxious to the religious and social feelings of both hindus and mohammedans but i am of opinion that such an act would not come within the meaning of the expression 'noxious as food' which occurs in section 272, indian penal code. that expression obviously means unwholesome as food or injurious to health and not repugnant to one' ..... registration no. jkr-1237 was parked in the factory premises. the contained basin adulterated with wheat flour. this was seized. this led to proceedings being taken under section 3/7 of the essential commodities act. samples were sent to the public analyst. it is found that the samples of basin were adulterated. charge was framed under .....
Tag this Judgment!Court : Jammu and Kashmir
Decided on : Feb-10-2003
Reported in : 2005(2)ARBLR309(J& K)
..... the timber even after inspection and postponed the date for delivery itself. this led the appellant to prefer an application before this court. this was under section 20 of the j&k; arbitration act samvat 2002. this court on 23.08.1989 directed that the dispute be referred to the sole arbitration of a retired judge of this court. an ..... ;(ii) that there was absolutely no justification to come to a conclusion that the award suffered from any misconduct which could fall within the purview of section 30/33 of the j&k; arbitration act;(iii) that a new case which was not pleaded has been made out.6. in particular, it is submitted that the observations, 'learned arbitrator ..... pronouncements, referred to by the learned counsel for the parties, we are of the opinion that the scope of interference in proceedings under section 30/33 of the arbitration act is limited. the court is not to act as a court of appeal. it is not within the domain of this court to re-examine the conclusions arrived at by an .....
Tag this Judgment!Court : Jammu and Kashmir
Decided on : Feb-10-2003
Reported in : 2003(1)JKJ745
..... 87 is also required to be taken note of. this is also being reproduced below:-'i have been directed to convey to you that under the provisions of army act section 20(1) read in conjunction with army rule 17 of the chief of the army staff has dismissed you from the service. the dismissal is to be effective from ..... consider the meaning of the words in the opinion of the state government. these words occurred in section 16(1) of the punjab minicipal act. this section proved that. 'the state government may, by notification, remove any member of a committee.....if in the opinion of the state government he has flagrantly ..... ' would mean 'judgement or belief that is a belief or a conviction resulting from what one thinks on a particular question.' this view was expressed while interpreting section 50 of the evidence act. a full bench of punjab high court in the case reported as air 1963 punjab 280, joginder singh v. the state of punjab, had an occassion to .....
Tag this Judgment!Court : Jammu and Kashmir
Decided on : Feb-10-2003
Reported in : II(2005)ACC498
..... was on account of the negligence of appellant electric department, the electric current passed through the building and the resultant death of gh. mohd. took place. notice under section 80 of the code of civil procedure was served. thereafter trial was conducted. the issues which were framed are as under:(1) whether the suit is not mainiainable ..... trunk railway co. of canada v. jennings (1888) 13 a.c. 800, their lordships of the privy council, while considering the provision of lord compbell's act (fatal accidents act, 1846) made the following observations:where the widow of deceased is the plaintiff, and her husband had made provision for her by a policy on his own life ..... was that sums payable on death under any contract of social assurance or insurance are not to be taken into consideration when compensation is awarded under the motor vehicles act. again in the case of perry v. chleaver 1969 a.c.j. 363, the claimant received injuries in a motor accident. he was discharged from service. .....
Tag this Judgment!Court : Jammu and Kashmir
Decided on : Feb-10-2003
Reported in : 2003(1)JKJ706
..... it was on account of the negligence of appellant electric department, the electric current passed through the building and the resultant death ofgh. mohd took place. notice under section 80 of the code of civil procedure was served. thereafter trial was conducted. the issues which were framed are as under:1/ whether the suit is not ..... trunk railway company of canada v. jennings, (1888) 13 a.c. 800, their lordships of the privy council, while considering the provision of lord campbell's act (fatal accidents act, 1846) made the following observations:;'where the widow of deceased is the plaintiff, and her husband had made provision for her by a policy on his own ..... was that sums payable on death under any contract of social assurance or insurance are not to be taken into consideration when compensation is awarded under the motor vehicles act. again in the case of perry v. cleaver, 1969 acj 363, the claimant received injuries in a motor accident. he was discharged from service. he was .....
Tag this Judgment!Court : Jammu and Kashmir
Decided on : Feb-26-2003
Reported in : II(2004)ACC752,2005ACJ1258,2003(2)JKJ308
..... as finding as regard negligence or contributory negligence of the offending vehicle, unless the conditions precedent specified in section 170 of 1988 act is satisfied. motor vehicle accident claim is a tortious claim directed against tort-feasors who are the insured and the driver of the vehicle and the ..... sc 3350, a similar question came up for consideration before the apex court, and it was observed as under:'even if no appeal is preferred under section 173 of 1988 act by an insured against the award of a tribunal, it is not permissible for an insurer to file an appeal questioning the quantum of compensation as well ..... on account of the contract of the insurance but that does not mean that the insurance company can avail a larger defence on merit unless permission under section 170 of the act is granted by the tribunal consequently, it must be held that on the facts of the present case, the insurance company is not entitled to file .....
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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