Court : Jammu and Kashmir
Reported in : 1990CriLJ533
..... of property. the special act i.e. the insecticides act does not at all deal with these offences which are independent of that ..... or inducing a person with dishonest intention to part with money, to purchase sub-standard insecticides which has the effect of causing wrongful loss to a person who parts with the money is not an offence grouped under section 29 of the insecticides act of 1968.11. offences punishable under sections 419 and 420 rpc relate to cheating by personation and cheating by dishonestly inducing delivery .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2007CriLJ2093
..... cognizance came to be issued against the proprietor. the particulars of proprietor are not given in the complaint.15. keeping in view the mandate of section 33 of insecticides act, 1968, referred hereinabove, if an offence is committed by a company, every person who at the time of commission of offence was in charge of, ..... class (sub-registrar), srinagar.2. it appears that written complaint came to be filed by divisional manager, plant protection stores/workshop lalmandi, srinagar under section 29a of insecticides act 1968 in the court of judicial magistrate 1st class (sub-registrar), srinagar, on 13th june, 2001. after recording the preliminary statements of the complainant and ..... question is whether this power is to be exercised or not?10. it is profitable to reproduce section 33 of insecticides act, 1968, herein, which reads as under:33. offences by companies. (1) whenever an offence under this act has been committed by a company, every person who at. the time the offence was committed was .....
Tag this Judgment!Court : Jammu and Kashmir
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. ..... 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 ..... view 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 to .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2008(3)JKJ294
..... deceased appearing in expw-dd/1 that she had been maltreated and troubled by the appellants for not bringing enough dowry would be inadmissible in evidence, as section 32 of the evidence act would not make such statement admissible as it did not relate to the cause of her death. i am supported in taking this view by gananath pattnaik ..... his or her death or the circumstances leading to such death. if a statement which otherwise is covered by the hearsay rule does not fall within the exceptions of section 32 of the evidence act, the same cannot be relied upon for finding the guilt of the accused.25. the trial court has, therefore, erred in holding the appellants guilty under ..... such a statement appears to have been taken on record with the aid of section 32 of the indian evidence act at a time when the appellant was being tried for the offence under section 304-b and such statement was admissible under clause (1) of the said section as it related to the cause of death of the deceased and the .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2003(3)JKJ32
..... such presence of those who in one way or the other facilitate the execution of the common design, is itself tantamount to actual participation in the 'criminal act'. the essence of section 34 is simultaneous consensus of the minds of persons participating in the criminal action to bring about a particular result.'9. since all the four accused have ..... murder. besides, this aspect of the case had been considered at the time of framing of the charge when they were charged with the aid of section 34 rpc, the court acted illegally and quite improperly while making this observation to justify the bail order.5. this takes us to the legality of the order dated 19.9.1998 ..... been stated in jaswant singh v. state of haryana, 2000 (4) scc 484 which reads:'aa. both section deal with the vicarious liability of an accused for an offence committed by another. under section 34 ipc;'when a criminal act is done by several'persons in furtherance of the common intention of all, each of such persons is liable .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2001CriLJ3518
..... venture. such presence of those who in one way or the other facilitate the execution of the common design, is itself tantamount to actual participation in the 'criminal act'. the essence of section 34 is simultaneous in consensus of the minds of persons participating in the criminal action to being about a particular result.the emphasis is on physical presence and promotion ..... nissar ahmad in possession in kharif 1971 through his father p.w. hassan lone. by this mutation proprietory right of gul lone a-1 was extinguished under section 4 of the agrarian reforms act, 1976.this order passed by the naib-tehsildar was challenged by a-1 in appeal which was pending disposal before the joint-agrarian commissioner at the time of .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2008CriLJ2651,2008(2)JKJ153
..... as to what was the cause of sushma's death. the only evidence which could have proved suicidal death of sushma because of her consuming an organo phosphorus insecticide, having not been proved and put to the appellant for his explanation, causes another fatal blow to the prosecution case. for all what has been said above, ..... that smt. sushma devi had expired because of cardio respiratory failure because of coma as a result of consumption of dichlorovos (d.d.v.p), an organo phosphorous insecticide. he had found a female foetus of twenty weeks gestation. there was semi digested colored material present in the stomach.pw-4 mst. sheelo devi says that the ..... her death or the circumstances leading to such death. if a statement which otherwise is covered by the hearsay rule does not fall within the exceptions of section 32 of the evidence act, the same cannot be relied upon for finding the guilt of the accused.22. the evidence of the aforementioned witnesses, being inadmissible in evidence, has .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2007(3)JKJ121
..... already in custody for the second time and in that view of the matter the power exercised by him under, section 8 of the j&k; public safety act, 1978, becomes unsustainable.9. perusal of order no. det/psa/06/294 dated 10.06.2006 indicates that ..... ble high court of j&k; srinagar. after quashment of detention order you are again arrested in case fir no. 06/2005, under section 03 osa, 03 sosa, 120b rpc, 03 eoa, p/s ok and are presently lodged in judicial custody at central jail srinagar.you ..... peer gayas-ud-din shah r/o khawajabagh district baramulla were apprehended on 11.03.2005 in case of fir no. 06/05 under section 3 osa 0.3 sosa, 120b/rpc, 03 ega, p/scik and subsequently detained under the provisions of j&k; psa vide ..... are highly prejudicial to the security of the state. hence you are hereby detained under the provisions of j&k; public safety act, 1978, and you have a right of representation against the said order.3. perusal of the grounds of detention extracted hereinabove indicates .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : AIR2003J& K83,2003(1)JKJ35
..... position that emerges as a result of the combined reading of the provisions of articles 5 & 6 of the constitution of india, of the citizenship act and of section 6 of the state constitution is that the juristic or artificial persons like companies and corporations have not been included within the ambit of the term ' ..... year 1942 and have sincebeen permanently residing therein.class-ii: all persons otherthan those belonging to class-i whosettled within the state before theclose of samvat year 1968 and havesince permanently resided and acquired immovable property therein;class-iii: all persons, other than those belonging to class-i and class-ii permanently residing within the ..... subjects defined in the earlier circular order, and those of class-ii, being the person who settled within the state before the close of the samvat year 1968 and had since permanently resided and acquired immovable property in the state. the state subject of class-ill, were all persons other than those belonging to .....
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