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-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-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-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 : 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 : Mar-28-2003
Reported in : 2003(2)JKJ82
..... alleged offences and the learned special judge, anti-corruption, found him guilty under section 5(2) p.c. act and section 161 r.p.c. and he was sentenced accordingly.5. mr. o.p thakur, learned counsel appearing for the appellant, vehemently urged that the trial court ..... of this case.4. on a written complaint expw-i/d lodged by imam din to vigilance organization, led to the registration of case under section 5(2) prevention of corruption act, 2006 read with section 161 r.p.c. and an investigation ensued. on the conclusion of investigation, the accused was sent up to face the trial for the ..... appellant, accused mohd. din, head constable, was convicted and sentenced to undergo two years' rigorous imprisonment and a fine of rs. 3,000/- in proof of offence under section 5(2) prevention of corruption act, 2006 and further sentenced to suffer two years' rigorous imprisonment and a fine of rs. 3,000/- for offence under .....
Tag this Judgment!Court : Jammu and Kashmir
Decided on : Mar-26-2003
Reported in : 2003(3)JKJ294
..... cannot challenge the quantum of compensation on merit, as the defence available to the insurer is limited to the ground mentioned under section 149(2) of the motor vehicles act, 1988., sub-section (2) of section 149 clearly provides that an insurer made a defendant to the action is not entitled to take any defence which is not ..... defence not provided in the aforesaid provision. therefore, the appeal by insurance company against the award of the tribunal on merit without having obtained permission under section 170 of the motor vehicles act, 1988, is not maintainable, as is handed down by the apex court in shankarayya and anr. v. united india insurance co. ltd. and anr ..... in respect of the liability when any such judgment or award is secured against the insured. a conjoint reading of the proviso to sub-section (4) and sub-section (5) of section 149 would clearly indicate that the provisions are meant to safeguard the interest of an insurer, who otherwise has no liability to indemnify the .....
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 .....
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 ...
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