Court : Jammu and Kashmir
Decided on : Aug-30-2003
Reported in : 2003(3)JKJ669
..... grounds are the basis for ordering his fresh detention, notwithstanding, being in custody previously under the detenue has been communicated the grounds of detention within meaning of section 13 of j&k; public safety act and article 22(5) of the constitution.18. in sophia gulam mohd. bham v. state of maharashtra and ors., air 1999 sc 3051, the apex ..... magistrate srinagar, who has custody of and access to the record. the detention order is stated to have been passed on application of mind under section 8 of the j&k; public safety act. the grounds of detention speak for themselves about the cogency of material grounds and satisfaction of the detention authority. the grounds of detention have also ..... mushtaq ahmad bhat, was detained on 24.1.2000 under order dms/ps/153 dated 17.1.2000 for a period of 24 months under section 8 of the jammu and kashmir public safety act 1978. this order expired on 23.1.2002. during the above period of detention, detenu was lodged in kotbulwal jail jammu from 24.1. .....
Tag this Judgment!Court : Jammu and Kashmir
Decided on : Aug-25-2003
Reported in : 2004(1)JKJ116
..... violated.consequently, the municipality served notice dated 30th july, 2003 on the appellant requiring him to show cause within 24 hours as to why action under section 12 of the town planning act should not be taken against him. in para 3 of the notice, it was specifically stated that the appellant had dismantled the ground floor of the building ..... the respondents, the appellant was required to show cause within a period of 24 hours as to why action should not be taken against him under section 12 of the town planning act which provides for punishment of fine which may extend to one thousand rupees etc.the appellant contends that the learned single judge has not appreciated the ..... , in order to observe the mandate of law, you are hereby directed to show cause within a period of 24 hours, as to why action under section 12 of the town planning act should not be taken against you'6. the above notice is dated 30th july 1996. on 31st july 1996, the appellant filed another writ petition, being .....
Tag this Judgment!Court : Jammu and Kashmir
Decided on : Aug-22-2003
Reported in : 2004(1)JKJ416
..... is further submitted that since the petitioners were not shown as interested persons, in any revenue record, therefore, there was no requirement under section 4 of the land acquisition act, to issue personal notices to the petitioners before passing of the award. it is further submitted that the petitioners had acquired knowledge of ..... of fire service department in public interest, the stand and submissions made by the respondents, in their reply, is that notification under section 4(2) of the land acquisition act, was issued strictly in accordance with law, requiring the interested persons to file objections, if any, regarding the acquisition of land. it ..... no. 2, without complying with the procedural requirements of informing the petitioners by beat drum, public notice and other modes provided under section 4 of the land acquisition act, acquired the land in abject disregard of law passed award, without giving the petitioners an opportunity of objecting to the acquisition proceedings. it .....
Tag this Judgment!Court : Jammu and Kashmir
Decided on : Aug-05-2003
Reported in : 2003(3)JKJ345
..... children upto the level of class eighth. the section reads as under:'4. compulsolry education upto class eighth. - the government shall provide for free ..... and compulsory education for children upto the level of class eighth throughout the state within a period of ten years from the commencement of this act and for this purpose it shall take ..... . the object and the preamble of this act read:'whereas it is expedient to achieve the goal of universalisation of elementary education and to provide for better organisation and development of school education in the state. '39. under section 4 of the act, the state is duty bound to provide for free and compulsory education for .....
Tag this Judgment!Court : Jammu and Kashmir
Decided on : Jul-21-2003
Reported in : 2004(1)JKJ380
..... . it hardly needs to be mentioned that a documentary bill is a bill of exchange and a negotiable instrument within the meaning of negotiable instruments act, 1881. under section 15 of the act 'endorsement' is defined as under:'15. endorsement. -- when the maker or holder of a negotiable instrument signs the same, otherwise than as such ..... is proved beyond doubt. if the bill in question was purchased by the appellant-bank, how the respondent could get the goods retrieved from the cargo section of the airport at delhi title documents whereof stood allegedly transferred to the appellant bank. mr jan learned counsel for the respondent, argued that these communications could ..... order to save the interests of the respondent, the foreign bank, oh 16th june, 1996, addressed a letter to the saudi airlines, king khalid international airport, cargo section, riyadh, expressing no objection in handing over to m/s mohandis ahmad saleh, a1-wakil, the delivery of the goods in question' for the purpose of re .....
Tag this Judgment!Court : Jammu and Kashmir
Decided on : Jul-08-2003
Reported in : AIR2004J& K135,2006(2)CTLJ97(J& K)
..... his other contention that the impugned orders are referable to the statutory power of the government to manage and control the demarcated forests conferred on it by section 4, forest act. in none of the four types of lease agreements a provision is to be found that the government shall have a right to stop granting extensions, ..... learned counsel too for the simple reason that a contractual stipulation is a mutual agreement between the parties. it can only be challenged in terms of section 23 of the contract act, if it is against the public policy that too by way of civil proceedings as it may involve evidence. the contractual stipulations involving only contractual ..... 9, 13, 25 and 26 of the judgment of apex court are reproduced as under :--9. it appears that a large number of applications under section 33 of the arbitration act had been moved in delhi high court in similar matters. in some of the cases injunctions were also issued by the learned single judge restraining the respondents .....
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 .....
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-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 : 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!