Court : Jammu and Kashmir
..... solitary eyewitness, being found capable of inspiring confidence implicates the accused as the author of crime of murder of the deceased. admittedly pw farid ahmed did not witness the act of deceased being assaulted with an axe. he never came up with the version that he had seen the accused causing fatal blow to deceased with an axe. he ..... specifies that an axe used as a weapon of offence was left beside the dead-body of deceased. fard-i-inkshaf is hit by section 24 of the evidence act and this mode of proof cannot be permitted to establish culpability of accused. it appears that during the course of trial, this mode of proof has been abandoned ..... and extra-judicial confession of accused. in so far as extra-judicial confession is concerned, the same does not fall within the purview of section 27 of the evidence act and has rightly been discarded from consideration. on its plain reading, the fard-iinkshaf is a confessional statement which does not lay information leading to discovery of a fact .....
Tag this Judgment!Court : Jammu and Kashmir
..... to reframe select list at state level on the basis of merit secured by candidates, who participated in selection process having due regard to jandk reservation act, 2004 and jandk reservation rules, 2005, and thereafter consider candidates for appointment in order of merit against 1126 posts, though not mentioned in advertisement ..... challenged persons, subject to identification of services/posts in terms of section 22, jandk persons with disabilities (equal opportunities, protection of rights and full participation) act, 1998. in terms of rule 5, jandk reservation rules, 2005, 100 point roster is to be maintained in prescribed form. 19. respondents, by resorting ..... received in response to advertisement notice, selection process was entrusted to district recruitment boards. impugned selection is also said to violate mandate of jandk reservation act, 2004 and rules made thereunder. 8. i have gone through pleadings as also record made available by learned counsel for respondents. i have heard .....
Tag this Judgment!Court : Jammu and Kashmir
..... disposed of by virtue of order dated 12.04.2013 setting aside the sealing order dated 28.02.2013 issued under section 8(1) of control of building operations act 1998 (hereinafter referred to as coba ). the tribunal directed the respondent- municipal corporation, jammu (herein referred to as corporation to de-seal the premises. the respondent ..... relief. (i) certiorari seeking quashment of the impugned order bearing no. mj/ceo/407, dated 28th february, 2013 under section 8(1) of control of building operation act, 1988 issued by the respondent no.2 whereby building situated at plot no.15, sector 5-a, trikuta nagar, jammu has been ordered to be sealed. (ii) ..... of sealing order other than the one incorporated therein. admittedly, the impugned sealing order does not allege the contingencies referred to in section 8(1) of coba act. the impugned order dated 28.02.2013 is accordingly held illegal and unauthorized and declared so. the impugned order passed by the tribunal dated 12.4.2013 does .....
Tag this Judgment!Court : Jammu and Kashmir
..... the matrimonial home and started living with her parents. as petitioner s efforts to bring her back failed, petitioner filed petition under section 9 of hindu marriage act seeking relief of restitution of conjugal rights against respondent no.3 which is said to be pending adjudication before learned additional district judge (matrimonial cases) jammu. thus ..... for proceeding against the accused; (f) where there is an express legal bar engrafted in any of the provisions of the code or the concerned act (under which a criminal proceeding is instituted) to the institution and continuance of the proceedings and/or where there is a specific provision in the code or ..... the concerned act, providing efficacious redress for the grievance of the aggrieved party; (g) where a criminal proceeding is manifestly attended with mala fide and/or where the .....
Tag this Judgment!Court : Jammu and Kashmir
..... committed murder of one ram singh saini- a relative of the accused and the accused were after his throat. the conviction of accused, who are proved to have acted in tandem sharing common intention for causing brutal murder of deceased, is well founded. we find no infirmity in the impugned judgment of conviction and order of sentence ..... lal and inder singh. the investigation culminated in filing of charge-sheet against the accused for offences under sections 302/34 of rpc and 4/27 of arms act which, after going through the ritual of committal proceedings, landed in the court of learned sessions judge jammu for judicial determination.3. charges came to be framed ..... six months simple imprisonment; also sentenced to one year s rigorous imprisonment and a fine of rs.500/-(rupees five hundred) for offence under section 4/27 arms act, in default of payment of fine to further undergo three months simple imprisonment. accused inder singh and rattan lal have been 2 convicted for offence under section .....
Tag this Judgment!Court : Jammu and Kashmir
..... prohibition of capitation fee, regulation of admission, fixation of non-explorative fee and other measures to ensure equity and excellence in professional education) act, 2006 (act 19 of 2006). this act too undisputedly has been enacted after the judgment in p. a. inamdar. high court of kerala has referred to the definition of non- ..... students who can afford more money get admission and has emphasized the bona fide use of the quota. the college, therefore, cannot be said to have acted legally by incorporating clause 4.2 and creating a category of candidates financially supported by their blood relatives, other than father and mother. this tantamount expanding ..... qualified the written test and was placed at rank position 4th having secured 102 merit points. by denying the admission to the petitioner, the college has acted arbitrarily and seemingly with the intention of accommodating candidate(s) who were not better placed that the 36 petitioner. the college has thus, infringed the fundamental .....
Tag this Judgment!Court : Jammu and Kashmir
..... besides, doctrine of legitimate expectation is a principle of administrative fairness, a component of natural justice. the doctrine in essence imposes a duty on public authority to act fairly taking into consideration all relevant factors before effecting a change in its policies which would affect a person who had been beneficiary of continuing policy. in 24 ..... to government. likewise, seeking any opinion from the law department after cabinet decision dated 04.08.2011 was uncalled for and overdoing by the department. both these acts were contrary to and in violation of the procedure of transecting government business. once it was clearly set out in the government order dated 06.02.2007 ..... no. 1- 28015/01/2009-admn.iv (la) dated 03.09.2009 issued by government of india ministry of law and justice emphasizing the importance of acting on advice of department of legal affairs on legal matter and interpretation of laws.7. what appears to be the central line and common thread in the petitioners .....
Tag this Judgment!Court : Jammu and Kashmir
..... the destiny of inquiry.26. the chain of events established by the aforesaid circumstances leads to irresistible conclusion that the murder of deceased was not an independent act of accused satpal singh but the result of a well planned conspiracy which was meticulously designed inter se the accused sewak singh and satpal singh and 205 executed ..... , did not retaliate immediately despite grave provocation to react.apart from being humiliated and insulted in presence of his subordinates, his turban fell down which must have acted as the greatest indignation faced by him professing sikh faith which holds the turban in high esteem attaching great importance to it and treating it as sacred. this ..... the hospital. this led to registration of case under fir no.172/98 for offence under sections 302/120-b, 121, 122 rpc, 7/25/26/27 arms act and section 3 of eao (enemy agents ordinance) by inspector jagjit singh posted as sho-surankote at that time. investigation was embarked upon. the blood soaked jacket .....
Tag this Judgment!Court : Jammu and Kashmir
..... a protection officer or service provider, which, however, would be available only in a case where information to the protection officer or a service provider about an act of domestic violence had been given by the aggrieved person himself or by any person . i, therefore, find no substance in petitioners contention that calling and ..... officer or a counselor or service provider. consideration of protection officer s report therefore, cannot be taken as mandatory requirement under section 12(1) of the act. learned counsel relied upon milan kumar singh v state of u. p, 2007 cr.lj4742 learned counsel also submitted that the application clearly makes out a ..... to have recorded preliminary statement of the respondent and has issued notice to the petitioners. besides, the learned magistrate in exercise of power under section 23 of the act has granted interim relief by issuing a direction to petitioner no. 1 (husband) to provide accommodation to the respondent (wife) with him at jalandhar and a .....
Tag this Judgment!Court : Jammu and Kashmir
..... petition under section 561-a cr.p.c. seeking quashing of proceedings against the petitioner in a complaint for offence under section 138 of the negotiable instruments act (for the act) filed by herein respondent and the summoning order dated 3.10.2013, whereby learned trial magistrate has issued process against the petitioner.2. facts, which ..... , thus, is; whether the averments as regards the petitioner (accused no.2) in the complaint are sufficient to attract application of section 141 (1) of the act and to proceed against her for commission of offence under section 138? 12. in malwa cotton and spinning mills (supra), relied upon by learned respondent s counsel, ..... . therefore, they get covered under section 141. so far as signatory of a cheque which is dishonoured is concerned, he is clearly responsible for the incriminating act and will be covered under sub-section (2) of section 141. the reference having been answered, individual cases may be 16 listed before appropriate bench for .....
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