Court : Jammu and Kashmir
Decided on : Oct-04-1974
Reported in : [1975]101ITR687(J& K)
Alt, C.J.1. These are references by the Income-tax Appellate Tribunal, Delhi Bench, under Section 256 of the Income-tax Act (hereinafter referred to as the Act), stating the following questions of law for our opinion :In the case of fair deal Motors '1. Whether, on the facts and in the circumstances of the case, the letter of the Commissioner of Income-tax dated March 13, 1968, amounts to an order under Section 271(4A) ? If the answer to the above question is in the affirmative, whether the Commissioner had reduced or waived the penalty below the minimum provided for under the statute and restricted it to 20% of the tax attributable to the income from New Bharat Transporters ' In the case of Shnmati Shama Mir '1. Whether, on the facts and in the circumstances of the case, the letter of the Commissioner of Income-tax dated March 13, 1968, amounts to an order under Section 271(4A) ? 2. If the answer to the above question is in the affirmative, whether the Commissioner of Income-tax ha...
Tag this Judgment!Court : Jammu and Kashmir
Decided on : May-03-1974
Reported in : 1974CriLJ1505
Syed Wasi-ud-Din, J.1. In these two writ petitions the learned Judge of his Court (Thakur J.) has referred three questions of law for consideration by a larger bench of the Court. As the facts in both the petitions are similar and questions of law are common in both, so with the consent of the parties and for their convenience both these petitions were heard together by us and are being 'disposed of by one judgment.2. In writ petition No. 265, the petitioner is one Chandu Ram. His case is that on the Bight intervening 28th and 29th of November 1973, the Sub Inspector of Police, Hiranagar, arrested him from his place of residence in village Bhiaya Tehsil Hiranagar and at the time of arrest no warrant was shown to him. He was thereafter taken to Kathua and according to him a false case against him was instituted under Sections 270/272, R. P. O., 36/13 D. I. R. 3/7 H. P.C. 0. 3/7 B. C. Act. 4-A E. G. C. O. and 28/ 32 J. and K. Security Act. The petitioner filed an application under Sectio...
Tag this Judgment!Court : Jammu and Kashmir
Decided on : Oct-31-1974
Reported in : 1975CriLJ1228
S. Murtaza Fazl Ali, C.J.1. This is a reference made by the learned Sessions Judge, Srinagar, recommending modification in the order passed by the trial Magistrate (Second Addl : Munsiff Judicial Magistrate), dated 7-6-1973.2. The reference arises in the following circumstances:Mst. Fazi, the applicant before the trial court, filed an application under Section 488 of the Code of Criminal Procedure for award of maintenance to her and to her two children, begotten by her from her husband, Ali Mohammad, on the ground that her husband, Ali Mohammad, had refused to maintain her and the two children. The application was resisted by the husband Ali Mohammad who took a specific plea in his objections dated 12-2-71 that the applicant Mst. Fazi had been divorced irrevocably by him by virtue of a divorce deed dated 29-9-1970. It was further alleged that a registered notice of this divorce deed was given to Mst. Fazi but she refused to accept the notice. While the proceeding before the trial court...
Tag this Judgment!Court : Jammu and Kashmir
Decided on : Apr-03-1974
Reported in : 1975CriLJ739
Jaswant Singh, J.1. This Letters Patent Appeal is directed against the judgment dated November 22, 1972 of Mian Jalal-ud-Din, J. whereby the appellant's petition No. 261 of 1971, for issue of writs of Certiorari and Mandamus against the respondents herein was dismissed.2. The facts leading to this appeal are: During their tour of the border area on May 6, 1966, the Customs (Preventive) Start Rajouri, apprehended the appellants, Mela Ram son of Anant Ram, and Preetam Dass son of Des Raj residents of Rajouri, and recovered from the possession of the appellant two cut biscuit shape gold bars weighing ten tolas with the words and figures 'Jhon-son Mathey London 99.0' inscribed on them as also two other pieces of gold weighing two Tolas and Two Mashas which did not bear any marking. Some biscuit shape gold bars bearing foreign markings were also recovered from the possession of Mela Ram and Preetam Dass. On the aforesaid recoveries being effected from them all the three persons were called ...
Tag this Judgment!