Court : Jammu and Kashmir
Decided on : Dec-22-2006
Reported in : 2008(1)JKJ382
..... petitioner says that the detention order suffers from non-application of mind of the detaining authority besides being unwarranted and unconstitutional as it offends section 13 of public safety act and article 22(5) of constitution of india. learned counsel submits that there was no material worth the name justifying detention of the ..... and to spread scare and alarm among the general public with the plan to cause killings, destruction of property by causing explosions and by using lethal/fire arm weapons. whereas, you were acting as a courier and harbour of militants at your residence at udhampur for the last three years and has also ..... the source or material, unless, however, the detaining authority exercises his power to dispense with the requirement of disclosing grounds of detention under section 13(2) of the public safety act, in public interest, renders the detention unconstitutional for it deprives the detenue his light of making an effective representation against his detention.8. .....
Tag this Judgment!Court : Jammu and Kashmir
Decided on : Nov-06-2006
Reported in : 2007(1)JKJ586
..... registered at p/s cik humhama, which the senior superintendent of police describes in his dossier as a case registered under sections 3/4 tada, 2/3 e&imco;, 251.a. act, 4/5 explosive substances act besides sections 302, 307, 365 and 120b of rpc. the punishment which these offences entail is death penalty or life imprisonment. satisfaction ..... may be safely concluded that requisite material was not there on records on the basis whereof detention of the petitioner could be ordered under section 8 of jammu and kashmir public safety act 1978. grounds of detention being vague and ambiguous have deprived the petitioner/ detenue of his constitutional right under article 22(5) to make ..... of the matter he had been deprived of his constitutional right under article 22(5) of constitution of india and legal right under section 13 of jammu and kashmir public safety act 1978.6. learned state counsel, on the other hand, produced the detention records and submitted that there was enough material on records .....
Tag this Judgment!Court : Jammu and Kashmir
Decided on : Jul-20-2006
Reported in : 2007CriLJ513
..... sent to him by the police. such is the position of law as to the proving of the contents of a document. chapter iv of the evidence act smvt. 1977, in section 60, provides that oral evidence must in all cases whatever, be direct, that is to say if it refers to an opinion or to the grounds on ..... admissible in evidence. section 510 of the chapter xli of the code of criminal procedure dealing with special rules of evidence, reads thus:510. report of chemical examiner(1) any document purporting to be a report under the hand of any chemical examiner or assistant chemical examiner to government (or the chief inspector of explosive or the director ..... most casual and cursory manner.incriminating circumstances appearing in evidence in a prosecution are required to be put separately to the accused for his explanation, is the mandate of section 342 of the code of criminal procedure. learned sessions judge has committed an error in not following this mandate. appellant's counsel, in my opinion, is, thus, .....
Tag this Judgment!Court : Jammu and Kashmir
Decided on : Apr-05-2006
Reported in : 2007(1)JKJ226
..... and ammunition were recovered from the possession of accused and trial court rightly convicted and sentenced the accused for the commission of offence punishable under section 7/25 arms act.71. in view of the above discussion, this review petition merits to be partly allowed and partly rejected. viewed thus, the order of ..... is relevant, insofar as they are necessary for the purpose, are relevant. so the evidence of identification is a relevant piece of evidence under section 9 of the evidence act where the evidence consists of identification of the accused person at his trial. the statement of the witness made in the court, a fortiori ..... shafi, ghulam hussan wani, nissar hussain and lal hussain were apprehended and arms, ammunition and explosives were recovered from their possession details of which are given in the seizure memos.4. accused had brought the arms, ammunitions, explosives from paskistan after crossing border and obtaining training from isi, in order to escalate the militant .....
Tag this Judgment!Court : Jammu and Kashmir
Decided on : Mar-22-2006
Reported in : 2006(2)JKJ663
..... and ammunition explosive which suspected to be of political nature.15. explosive act, 1984 (act no. iv of 1984) and explosive substances act, 1908 (act no. iii, vi of 1908).16. cinematography act of 1952/video piracy read with the copy of right (amendment act), 1984.17. public gambling act (svt. 1977).18. narcotic drugs and psychotropic substance act, 1985.19 ..... of offence/s in cognizable offences precedes investigation under chapter xiv of part-v of the code of criminal procedure, svt, 1989 and follows cognizance under section 190 in chapter xv-part-vi of the code.7. facts, appearing from the investigation report of any police officer, and not the jurisdiction to ..... kashmir homecdepartmentnotificationsrinagar, the 3rd june, 1999.sro-202. - in exercise of the powers conferred by clause (o) of sub-section (1) of section 4 of the code of criminal procedure, samvat 1989 (act no. xxiii of 1989) and in supersession of notification sro-133 dated 2-4-1991, the government hereby declare the officer .....
Tag this Judgment!Court : Jammu and Kashmir
Decided on : Dec-27-2006
Reported in : 2007(1)JKJ359
..... doubt about this fact that where there is no gross negligence or deliberate in-action, the courts generally should grant condonation and the word sufficient cause used in section 5 of the limitation act must receive a liberal inter-pretation, so as to advance the cause of justice. in the instant case, there is negligence on the part of the state to .....
Tag this Judgment!Court : Jammu and Kashmir
Decided on : Dec-27-2006
Reported in : 2007(2)JKJ75
..... which he had been bestowing on his dependents would thus be the sine-qua-non maintaining a petition by such legal heirs for award of compensation under section 168 of the act.19. the tribunal, in the present case, has not dealt with all these aspects and has in a slip shod manner, recorded its findings on issue ..... deceased before his death.18. it further needs to be noticed that all the legal heirs of the deceased may not be entitled to claim compensation under section 168 of motor vehicles act, 1988, unless it was proved that such legal heirs were dependent financially, emotionally or otherwise on the deceased. the dependency of the legal heirs on ..... earrings.17. it is only when such finding, as aforesaid, is recorded that the tribunal may proceed to determine the just compensation in terms of section 168 of the motor vehicles act. while determining compensation, the tribunal is required to ensure that compensation so awarded to the dependent family of the deceased, even if some part of .....
Tag this Judgment!Court : Jammu and Kashmir
Decided on : Dec-27-2006
Reported in : 2007(1)JKJ617
..... of madhya pradesh 2006 cr. l.j. 3640 the apex court while dealing with the cases of murder caused in sudden fight observed:the fourth exception of section 300, ipc covers acts done in a sudden fight. the said exception deals with a case of prosecution not covered by the first exception after which its place would have been ..... out of the provocation engendered by the heat of a sudden quarrel followed by a sudden fight. onus to show it is on the accused under section 105 evidence act. as noticed above we find the appellant has neither taken the plea in his defence during his examination or cross examination nor has established it in evidence. ..... examined as many as 12 witnesses including the fsl experts and the investigating officer. from the evidence led by the prosecution the trial court found that the offence under section 302 rpc was proved against the appellant. the court, therefore, convicted the appellant under the offence. the court in this behalf observed as under:from the discussion .....
Tag this Judgment!Court : Jammu and Kashmir
Decided on : Dec-08-2006
Reported in : 2007(3)JKJ167
..... anybody on daily wages, work charged or on part time basis de hors the rules. the power to make appointments by the committee or the board whether contained in section 23 or section 26-f of the act are statutory in nature. in absence of any provisions conferred upon them to appoint any employee de hors the provisions of ..... a teacher, he has deputed the petitioner who, as admitted by the petitioner, is only a class iv employee and if he is discharging the duties as teacher, was acting in violation of the directions passed by block education officer, keegam.7. this court at motion stage directed the respondents not to detach the petitioner from the post of ..... sections 23 and 26-f and the regulations framed there-under, indisputably would mean that such appointments are de hors the act and the rules....12. the apex court in a case reported as indian council of agricultural research v. t .....
Tag this Judgment!Court : Jammu and Kashmir
Decided on : Dec-05-2006
Reported in : 2007(3)JKJ195
..... accordingly.3. aggrieved by the said order of the writ court, the present lpa has been filed by the respondent-state. along with the lpa, an application under section 5 of the limitation act has been filed for seeking condonation of delay in filing the appeal. it has been pleaded that the judgment impugned was pronounced on 17th of march'06 and .....
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