Court : Jammu and Kashmir
Reported in : 1990CriLJ536
..... singh v. state of haryana, 1980 cri lj 1229 by holding.--'proviso (a) of sub-section (2) of section 167 of the cr. p.c. of 1973 as amended by act 45 of 1978 lays down that no magistrate shall authorise the detention of an accused in custody for a total period of exceeding ninety days, where the investigation relates to ..... p.c. was apparently to ensure speedy trial which forms part of the fundamental right to life and liberty guaranteed by article 21 of the constitution of india. the amendment was apparently made with the object to eliminate the chronic malady of protracted investigation and making it obligatory for the police to produce the accused before the magistrate at the ..... on bail in connection with the commission of offences covered by fir no. 166 of 1987 police station city jammu under section 302/34 rpc, 3/25, 4/27 indian arms act on furnishing two surety-bonds of rs. 10,000/- each with personal bonds in the amount of rs. 20,000/- each to the satisfaction of trial court provided .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : AIR1992J& K1
..... getting the relief under one enactment. it is high time that the state legislature or the present administration may see the desirability of making the central act applicable to the whole of the state with all amendments made up to date or to be made in future. the comparative study of both the enactments show that there is no basic difference of ..... kashmir' were substituted and in section 17 for 'indian penal code' words 'ranbir penal code' were substituted. in section 21, instead of 'code of civil procedure, 1908', the 'code of civil procedure, 1977' was substituted. sub-section (4) of section 29 and whole of the section 30 was omitted. the application of central act no. xxv of 1955 was, therefore, made with .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : AIR1995J& K16
..... line in shiam lal dcwan's case, air 1933 all 789.5. this position stood ground till the central legislature enacted the indian arbitration act, 1940 and amended articles 158 and 178 of the limitation act, 1908. the amendment re-opened the controversy and it came to be canvassed once again that article 181 was wide enough to lake all types of ..... also followed it in amar nath v. union of india, air. 1957 all 206. these high courts were impressed by the amendments in articles 158 and 178 in the 3rd division of the limitation act 1908 and it was felt that since these had encroached upon the exclusiveness of the 3rd division, the earlier reasoning based on the ..... 1908. one is the true copy of the other. their preamble is identical and their other provisions similar. the preamble of both the acts reads thus :'whereas it is expedient to consolidate and amend the law relating to limitation of suits, appeals and certain applications to courts; andxx xx xx xxthe same holds true about section 3 which .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : II(1998)ACC418,1998ACJ195,AIR1997J& K40
..... see any justification for taking a contrary view and reverse this finding. 8. section 95 of the motor vehicles act, 1939 deals with the requirements of' policies and limits of liability. this act has been amended by the motor vehicles act, 1988 in which section 147 deals with the subject matter covered by old section 95. in order to appreciate ..... madras in south india insurance co. ltd. v. p. subramanium, 1972 acc cj 439 : (air 1972 madras 49). 17. a division bench of calcutta high court in indian mutual general insurance society ltd. v. manzoor ashan, 1977 acc cj 85: (air 1977 calcutta 34), also held the view that a hirer of a vehicle is not a ..... the labourer for want of payment of additional premium within the meaning of section 147 of the motor vehicles act, 1988, has hardly any substance in view of the object and intendment of amended section 147 of the motor-vehicles act, 1988 statutorily covering all kinds of persons travelling by the vehicle without payment of additional premium. a bare .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 1997CriLJ173
..... to apply its mind to the available material and make an appropriate order. but the scheme of the act, does prima facie seem to be inconsistent with any power in the appropriate authority to consider the matter over and over again and alter, amend, vary, or set aside an order of sanction once made under section 6 of the ..... into the other question, whether the court was otherwise competent to amend the charge. i leave that question open.11. question whether this power is available under section 21 of the general clauses act of the state which is in pari materia with section 21 of the general clauses act applicable in rest of the country, learned judge placing reliance ..... act. in that view, the power conferred by section 21 of the general clauses act, cannot be said to be available under section 6 of the act. the argument to the contrary of the learned counsel .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 1998ACJ1140,AIR1998J& K17
..... immunity of such an afterthought plea. respondents 1 to 4 herein cannot be deprived of the benefits of the beneign provisions of the act which have been amended or incorporated by way of curitive amendments effected in the act and they are deemed to have retrospective effect. the factual plea on the basis of the terms of the policy is also not ..... of statutory liability or in the alternative factual liability to the extent of rupees five thousand only. it is to be noted that the motor vehicles act has undergone a sea change by way of amendments and incorporations of the relevant provisions whereby there is a tilt in favour of the victim of the accident. the value of an ..... indian life lost in the motor vehicle accident has been increased and even on the basis of no fault liability a fixed sum of rupees fifty thousand is made .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : AIR1997J& K132
..... by the government of jammu and kashmir are kept under certain conditions. if is needless to say that by virtue of the indian constitulional amendments (26th amendment) act, 1971, hereinafter called as (he act of 1971, the parliament terminated the recognition already granted to such rulers and abolished privy purses and extinguished all rights. liabilities ..... ruler' means the prince. chief or other person who at any time before the commencement of the constitution (twenty-sixth amendment) act. 1971, was recognised by the president as the ruler of an indian state or any person who at any time before such commencement was recognised by the president as the successor of such ..... in this context, it is necessary for us to refer to the 26th amendment act. 1971 to the constitution of india, hereinafter referred to as amendment act. 1971. by virtue of article 363a inserted by the said amendment, recognition granted to rulers of indian states to cease and privy purses'to be abolished.thus, by virtue .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 1998CriLJ3926
..... of the law commission and will get section 197, cr.p.c. suitably amended as has been done by the central government. on a harmonious interpretation of section 6 of the act and section 197, cr.p.c. there can be the only irresistible conclusion that ..... the amended section 197, cr.p.c. as well as amended section 6 of the prevention of corruption act. 13. after the year 1983, section 2 and section 6 of the present act (of j & k state) were amended by act no. 9 of 1983 and the ..... apex court had considered the import of section 6 of the prevention of corruption act. which was not then amended. the apex court in the latest case of r. balakrishna pillai (air 1996 sc 901) (supra) has considered ..... of the petitioner without obtaining previous sanction from the govt. is contrary to the requirement of section 6 of the prevention of corruption act 2006 and this lacuna vitiates the trial. 4. heard the arguments. 5. the counsel for the petitioner in his arguments reiterated the .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 1998(1)ALT(Cri)20,1998CriLJ2576
..... present case because petitioner no. 7 was not attending the court before he was arrayed as an accused. prior to its amendment vide act no. 2 of 1974 the provisions of section 351, cr.p.c. of the central code (now section 319 were identical ..... no bar against the trial of a person under section 319, cr.p.c.7. a large scale amendments were also made in the state code vide act no. xxviii of 1978, but no change was made in section 193 or section 190 or section 351. ..... even at the time it took cognizance of the offence; no matter whether he was actually present before it then. a correspondent amendment was also made in section 193 and the expression 'unless the accused has been committed to it by a magistrate' was ..... section 190, cr.p.c. is an independent provision not governed by what is contained in section 351, cr.p.c. it is advantageous to produce section 351, cr.p.c. of the state code as well as amended .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 1998CriLJ4289
..... the service. one of the grounds for detention is that the detenue is involved in fir 28/97 under section 489, 121-a, 122 rpc 10/11 criminal law amendment act, 13 vlap act registered at police station nowhatta and fir no. 203/92 under section 302, rpc 3/25, iaa, 3(1) tada, registered at police station shaheed-gunj. in fir no ..... passed by district magistrate srinagar (annexure-a) is challenged in this writ petition under section 103 of the constitution of jammu and kashmir state corresponding to article 226 of the indian constitution on the following grounds :-the detenue asstt. executive engineer, srinagar municipality was picked up by b.s.f-. 106 bn. on the intervening night of 3/4 march, 1997 ..... magistrate, srinagar after report was submitted to the magistrate that he is involved in fir 28/97 under section 489(b), 121, 121(a), 122, 10/1 1,13 vlap act. however, he was not released. he continued to be in detention with j.i.c. srinagar till 10-5-1997. it was only on 1 1-5-97 that he .....
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