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 : May-14-2003
Reported in : 2003(3)JKJ466
..... gurudawara the defendants-petitioners were put to notice at the first instance. the defendants-petitioners instead of filing the written statement initiated an application under section 8 of the arbitration act in seeking reference of the dispute regarding the gurudawara to state gurudawara parbandak committee for arbitration as provided under r-64 of the j&k; ..... by gurudawara parbandak committee and therefore does not fall within the purview of a committee in section 2(b) of the gurudawara act. the view expressed by the trial court that the dispute having not arisen between the committees constituted under the act, is not referable under rule 64 of the rules of j&k; sikh gurudawaras & ..... jammu. it is also not disputed that defendant-petitioner's committee has boon nominated by the sangat as is explicitly delineated in the application under section 8 of the act. this makes it clearly manifest that both these committees are not constituted under the sikh gurudawaras and religious endowment .....
Tag this Judgment!Court : Jammu and Kashmir
Decided on : May-20-2003
Reported in : 2004(1)JKJ304
..... general of police range, jammu for further necessary action as the offence, according to him, did not fall within the ambit of prevention of corruption act. a case under sections 420, 467, 468, 471 rpc stood registered with the police concerned and investigation ensued. on the conclusion of investigation the accused was finally sent ..... therefore follows that where the preparation of a document does not amount to a forgery, the use of such document does not constitute an offence under section 471 rpc. the prosecution having miserably failed to prove by consistent, positive and cogent evidence including the opinion of hand writing expert that the document ( ..... matriculation certificate)allegedly produced by the accused is a forged document, its use even if attributed to the accused does not constitute a 'user' as contemplated under section 471 rpc. this legal position emerging out of they record has not even been disputed by mrs. saishta hakim, govt. advocate, appearing for the respondent- .....
Tag this Judgment!Court : Jammu and Kashmir
Decided on : May-24-2003
Reported in : 2003(3)JKJ662
..... proceedings including interim order passed from time to time, in exercise of supervisory jurisdiction of this court under article 227 of the constitution of india read with section 104 of the constitution of j&k.;5. respondent has filed objections on affidavit with the annexures. his main stand in reply is that the supervisory ..... ' and 'mutwali' of ziyarat/khankah', with duties and functions both temporal and religious, specified. he has been all through leading the 'khatam khani' and also acting as imam at the dargah. besides the property and valuables of ziyarat, in the creation of which his fore-fathers have contributed the personal property of his family ..... the ziarat/imamat and khanakah (mosque) as mutwali and sajadnishien.4. defendants be also restrained not to incite feelings and sentiments of the devotees by briefing acts of rowdyism and slogan shouting.5. it is further prayed that the defendants be restrained from publishing the proceedings in the case till the final disposal of .....
Tag this Judgment!Court : Jammu and Kashmir
Decided on : May-27-2003
Reported in : AIR2004J& K16,2003(3)JKJ639
..... of his migration to pakistan and acquiring pakistani citizenship on his status as a citizen of india and a permanent resident of the state?12. section 9 of the citizenship act deals with termination of citizen-ship. any citizen of india who by naturalization, registration or otherwise voluntarily acquires the citizenship of another country ceases ..... that he voluntarily acquired the pakistani passport and on such acquisition has cease to be the citizen of india which stands terminated by virtue of section 9 of the citizenship act, 1955. the moment, a permanent resident of the state loses the citizenship of india, he also lose his status of that of a ..... loss of citizenship would notarise.' 18. nothing having been said about involuntary nature of acquisition of pakistani citizenship, jurisdiction of central government under section 9(2) of the citizenship act cannot be involved as no such question falls for determination in this case.19. the ratio of the said judgment has no application to .....
Tag this Judgment!Court : Jammu and Kashmir
Decided on : May-27-2003
Reported in : 2003(3)JKJ556
..... section 21 of ranbir penal code and as such, sanction to prosecution is not necessary.5. in adverting the contention ..... .advocate general submitted at the out-set that kendriya vidyalaya sangathan is a society registered under the societies act. its employees are not covered under clause 11 and as such no sanction is required for their prosecution under section 6 of the prevention of corruption act. according to mr. salathia, accused no. 2 suman mala was not a public servant within the meaning .....
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 : Jun-06-2003
Reported in : 2003(3)JKJ613,(2004)IILLJ556J& K
..... 535-gr of 1990 dated 9.5.1990, he was dismissed from service by the governor in exercise of the power vested in him under section 126 (2) (c) of the constitution of jammu and kashmir. this order was challenged by the appellant in swp no. 663/92. the learned single judge, after ..... 5. broadly, misconduct is a term relatable to the decorum, demeanour and discipline of a government servant during his official dealings. the assessment of the gravity of an act of misconduct on the part of a government servant may vary from person to person, depending upon their perceptions, personal biases, likes and dislikes. if an order ..... the border to take arms training. he was arrested by the security forces on 26th march, 1989 and, thereafter detained under the provisions of j&k; public safety act, 1978 till 24th february, 1992. taking note of the activities of the appellant, it was considered necessary to dismiss him from service. resultantly, vide government order no. .....
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 : 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 .....
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