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 : 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 : Dec-02-2003
Reported in : 2004(1)JKJ1
..... holds, possesses and even owns the acquired land for carrying out the development in the state in accordance with the plans as enumerated in section 6 of the act. in case sub-section (4) of section 18 would not be there, there was every likelihood that government, if it would require any nazul land for any purpose, would ..... the jammu development authority, it could not be taken away from it or allotted to any other person by the government except in compliance with sub-section (4) of section 18 of the development act, 1970. these submissions, however, did not find favour with the learned single judge. the learned single judge, treating the writ petition as contempt ..... to quashment of the order of dy. custodian as being without jurisdiction to enable the custodian general to exercise the power, if necessary, under sub-section (4) of section 30 of the act. it appears that subsequently his case was recommended by the custodian, evacuee property, vide his no. 501-ap dated 1.11.1991 to the .....
Tag this Judgment!Court : Jammu and Kashmir
Decided on : Nov-12-2003
Reported in : 2004CriLJ2243,2004(2)JKJ12
..... stage, to deprive the prosecution in proving its case on the basis of the direct evidence, the statement of the deceased claimed to be admissible under section 32 of the evidence act and the other documents including the inquest report allegedly disclosing the infliction of the injuries on the person of the deceased which resulted in his death. the ..... was not the only evidence. there was direct evidence of the eye witnesses as well as the dying declaration of the deceased claimed to be admissible under section 32 of the evidence act and in those circumstances, their lordships of the supreme court in case entitled smt. omwati and anr. v. state through delhi administration and ors. held ..... the necessary intention on the part of the accused is missing.13. mr. qazi, learned additional advocate general seeks to rely on clause iv of section 300 to submit that act of the accused in view of the advanced age of the deceased was imminently dangerous and in view of the age of the lady the accused can .....
Tag this Judgment!Court : Jammu and Kashmir
Decided on : Nov-12-2003
Reported in : 2004(2)JKJ51
..... of 31.3.1991 under intimation to this office.'5. the petitioner filed the present writ petition under article 226 of the constitution of india read with section 103 of the constitution of jammu and kashmir claiming the following reliefs:-'to quash the order no. 17624 dated 18th march 1991 by which the dav ..... national council of education research (ncert) was a 'state' as defined under article 12 of the constitution. the ncert is a society registered under the societies act. after considering the provisions of its memorandum of association as well as the rules of ncert, this court came to the conclusion that since ncert was largely ..... fundamental rights by bringing within their sweep every authority which is an instrumentality or agency of the government or through the corporate personality of which the government is acting, so as to subject the government in all its myriads activities, whether through natural person or through corporate entities, to the basic obligation of the fundamental .....
Tag this Judgment!Court : Jammu and Kashmir
Decided on : Oct-31-2003
Reported in : 2004(2)JKJ638
..... hon'ble supreme court has in clear terms considered the application of provisions of persons with disabilities (equal opportunities, protection of rights and full participation) act, 1985 and keeping in view the provisions of sections 47 and section 2(t), it has been held that the petitioner in the said case, who was serving in special service bureau (ssb), is entitled to ..... brought my attention to notification no. so 994(e) and so 995(e) issued by the government of india exempting the bsf from the operation of sections 33 and 47 of the act. copies of these notifications have been placed on record. mrs. kour has vehemently argued that in view of the judgment of apex court reported in kunal ..... vide notification no. so 994(e) and so 995(e) has exempted all the central para military forces including the bsf from the purview of sections 33 and 47 of the aforesaid act keeping in view the type of work to be carried on by the members of the force. it is also mentioned in the reply that the .....
Tag this Judgment!Court : Jammu and Kashmir
Decided on : Oct-17-2003
Reported in : AIR2005J& K3,2004(1)JKJ536
..... chander rai and ors. reported as 2003 air scw 3872.8. in the aforesaid case, by the latest amendment introduced in the civil procedure code vide amendment act 46 of 1999 w.e.f. 1.7.2002, under section 115 of c.p.c. power of the high court to revise an appellate order passed by the subordinate court has been excluded. the apex ..... courts. we sum up our conclusions in a nutshell, even at the risk of repetition and state the same as hereunder:-(1) amendment by act no. 46 of 1999 with effect from 1.7.2002 in section 115 of the code of civil procedure cannot and does not affect in any manner the jurisdiction of the high court under article 226 and ..... 227 of the constitution.(2) interlocutory orders, passed by the courts subordinate to the high court against which remedy of revision has been excluded by the cpc amendment act no. 46 of .....
Tag this Judgment!Court : Jammu and Kashmir
Decided on : Oct-16-2003
Reported in : 2004(1)JKJ556
..... of maintenance during their lives out of the estate of lingayya. this right and the corresponding liability of the appellants to pay maintenance are not affected by sections 21 and 22 of the act. the continuity claim of the respondents during their lifetime springs out of the original right vested in them on the death of the lingayya and is not ..... services recruitment rules 1992 are creation of sro 194 dated 18-8-1992. recruitment rules have been framed by the government in exercise of the power conferred by proviso to section 124 of the constitution of jammu and kashmir. these transitory rules framed under article 124 of the constitution of jammu & kashmir has the force of law till an enactment ..... be adopted if the words are open to another construction. see craies on statute law, 6th edn. (1963) p.397. we think that ss 21 and 22 read with section 4 do not destroy or affect any right of maintenance out of the estate of a deceased hindu vested on his death before the commencement of the .....
Tag this Judgment!Court : Jammu and Kashmir
Decided on : Oct-09-2003
Reported in : 2004(1)JKJ574
Syed Bashir-Ud-Din, J.1. In the court of Additional District & Session Judge, Srinagar suit for declaration and mandatory injunction in respect of 15 marlas of land in survey Nos. 1525, 1523, 1527, and 1526 min situated at Rambagh Nursingarh was filed on 12.8.1996 by one Siraj-ud-din respondent against Jia Lal Sapru through his attorney Kashinath Kachroo who also happens to be son-in-law of said Jia Lal Saproo. The suit was decreed on admission on 12.8.96.2. Against this decree appellants filed the appeal alongwith application for condonation of delay and during pendency of the appeal also filed an application seeking leave of the court to file the appeal as these appellants are not parties to the suit and decree appealed against. The aplication for leave to appeal is filed on the ground that the two applicants Nancy Devi and Vijay Dhar are the two daughters of the said Jia Lal Saproo. There are also two other daughters of Late Jia Lal Saproo who too have not been made party to the sui...
Tag this Judgment!Court : Jammu and Kashmir
Decided on : Oct-09-2003
Reported in : 2004(1)JKJ608
..... condonation. notwithstanding the liberal approach of the courts in the matter of condonation of delay, yet it cannot be at the cost of defeating the provisions of section 5 of the limitation of the act. it is imperative that delay has to be explained satisfactorily/sufficiency of cause is to be made out.9. in p.k. ramachandran v. state of ..... rejection of application for condonation of delay and consequent dismissal of time barred appeal is not a decree, in as much as, the trappings of a decree as defined in section 2(2) of cpc are not attached to such decision.6. in rattan singh v. vijay singh, air 2001 sc 279 it is observed:-'in order that decision of ..... of the trial court has merged with the order of the appellate court. against the order of dismissal of the appeal 2nd appeal would lie on grounds specified thereto under section 100 cpc but no revision would lie against the order.3. counsel for the revision petitioner submits that the judgment and decree of the trial court has not merged .....
Tag this Judgment!