Court : Jammu and Kashmir
Reported in : 2007(3)JKJ179
..... that the accused, in fact, had loved the child and his behaviour towards his wife and the child was very good, as he had forgiven his wife of her bad act. he then deposed that poonam told the accused that she could not show her face in the society and wanted to commit suicide. he, thereafter, reached siachen on 01-09 .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2007(3)JKJ410
..... in respect of the petroleum products. because of their dealing in a product, which is controlled product and an essential commodity under the essential commodities act, 1955, the petroleum dealers cannot avoid their obligation to abide by the guidelines issued by the central government in this behalf from time to time. ..... which for facility of reference are reproduced as under:g.s.r 18(e).--in exercise of the powers conferred by section 3 of the essential commodities act. 1955 ( 10 of 1955) the central government hereby makes the following order to amend the motor spirit and high speed diesel (regulation of supply, ..... have been properly protected by the guidelines against any type of harassment whatsoever, says the learned counsel. learned counsel urges that the central government had acted in public interest to introduce marker test to prevent adulteration of petroleum products besides preventing black-marketing of public distribution system kerosene because the earlier prevalent .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2007(3)JKJ362
..... of panchanama does not discharge the heavy burden which lies on the prosecution, particularly where the offence is punishable with a stringent sentence as under the ndps, act. in this case, we notice that panchas have turned hostile so the panchanama is nothing but a document written by the concerned police officer. the ..... under the aforesaid circumstances the appellant cannot be convicted on the sole testimony of policy witnesses. pw3. the question of applicability of section 35 of the act will not arise in the present case when the recovery itself is doubtful. the appellant had disputed the recovery of contraband. there are serious discrepancies in ..... not examined any witness in defence. accused ashiqeen-appellant came to be convicted for the commission of offence punishable under sections 21 and 23 of the act whereas accused dildar ahmad came to be acquitted.6. mr. slathia learned additional advocate general defended the impugned judgment and submitted that the discrepancies here and .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2008CriLJ1208,2008(3)JKJ292
..... framing charge or considering discharge. these judgments, on the other hand, demonstrate that number of factors are required to be kept in view while considering as to whether the act of the accused would require him to be punished under section 302 rpc or 304 rpc. these factors, besides the facts of the case, would include the nature ..... deceased.14. all these questions as to whether the attack of the accused was backed by his intention to commit murder or he had only knowledge that his act would result in death of the deceased are such matters which may be adjudicated upon only when the witnesses in support of the prosecution case indicating that the accused ..... respondent had attacked the deceased with an intention to kill him. on the other hand, learned sessions judge appears to have been influenced by the selection of the act of the respondent in selecting a blunt edged weapon of offence rather than a sharp edged weapon of offence, in coming to the conclusion that the respondent cannot be .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2008(2)JKJ61
..... a communicable disease is likely to crumble in its own weight. the evil of corruption has persistently crept into various levels despite the stringent history of the act since 1947 and this hydra-headed dragon of corruption has to be lynched at the earliest or it is likely to cause turbulence shaking the socio-economic ..... presumptions' and those falling under the latter as 'legal presumptions' or 'compulsory presumptions. when the expression 'shall be presumed' is employed in section 4(1) of the act, it must have the same import of compulsion.25. it was further observed that the said presumption is, however, legal presumption and has to be by proof and ..... that in the absence of the evidence of demand and acceptance of the bribe money by the accused, it is not safe to convict him under prevention of corruption act. in the aforesaid judgment, the hon'ble apex court, while considering the other judgments rendered by it, ultimately acquitted the accused/appellant.24. in another recent judgment .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : AIR2008J& K29
..... financial institution itself thereby affecting the state's economy and development.22. respondents resort to the provisions of section 29 of the state financial corporation act, 1951 cannot thus be faulted in view of the facts and circumstances of the present case where the company, despite having admitted its liability to ..... cavalet india ltd. reported as : (2005)4scc456 to urge that judicial review of action initiated under section 29 of the jammu and kashmir state financial corporation act was permissible only if the action was unfair or unreasonable or in violation of the statutory provisions. the corporation says that 'judicial review' of corporation's ..... failed to discharge its contractual obligation forcing the corporation to resort to the provisions of section 29 of the jammu and kashmir state financial corporation act.10. projecting the ill-intentions of the petitioner to liquidate the outstanding loan amount, the corporation says that this court had stayed the proposed auction .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2007(3)JKJ388
..... wakaf board is financially, functionally and administratively under the control of the government or dominated by the government? to answer this question relevant provisions of the act are to be noticed.16. section 2 contains definitions. section 5 provides possession, administration, supervision, control and management of the wakafs and properties vests ..... expression 'other authorities' in article 12 will include all constitutional or statutory authorities on whom powers are conferred by law'. the companies incorporated under the companies act were not regarded as state.apex court in case titled praga tools corporation v. c.a. imanual reported in : (1969)iillj479sc , held as ..... board is not amenable to the writ jurisdiction and second that petitioners have alternate remedy available. further learned counsel for respondents stated that wakaf act-2005 is under challenge before the apex court and a writ petition is pending before the said court.3. keeping in view the preliminary objection .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2007(3)JKJ299
..... of tax any class of dealer or any goods or class or description of good.(2) notwithstanding anything contained in sub-section (i) of section 4 of this act, the government may, subject to such conditions as it may consider necessary by notification in the government gazette, direct that a class or classes of dealers manufacturing ..... the dealer and amount equal of ten times the amount of tax payable was compared with rupees ten thousand to determine penalty under the above mentioned section of the act. penalty calculated and levied comes to rs. 52307993.33 and stands recoverable. office to issue demand notice accordingly.order passed on 26.07.2005.sd/-commercial taxes ..... sold under the invoice are exempt and statutory requirement needs issuance of vat invoice. only for purpose of determining input tax credit as per provisions of the act the tax amount may be determined by deeming the same as being included ia the price charged for sale of products hereinabove.the said foot note was against .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2008(3)JKJ414
..... was required to be recorded and that too after appreciating the evidence of the parties that the death of and injuries to the labourers had not been caused because an act of god and that it was because of the negligence of the driver who had jumped out of the running vehicle leaving no chance to the labourers to run for ..... of the motor vehicle, it was asserted that the labourers had died because of the havoc created by the earthquake. compensation payable to the labourers under the workmen's compensation act is stated to have been deposited by union of india with labour commissioner's office baramulla.4. out of the pleading of the parties, the tribunal framed four issues in ..... , the accident arose out of use of motor vehicle as word use also covers the period when the vehicle is not in motion or is stationery. infect motor vehicles act is a social welfare legislation to extend relief by way of compensation to the victims of accidents caused by use of motor vehicles and the provisions of the .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2008CriLJ2085,2008(1)JKJ315
..... be considered at the first stage would be, whether the accused has done an act by doing which he has caused the death of another. proof of such casual connection between the act of the accused and the death, leads to the second stage for considering whether that act of the accused amounts to 'culpable homicide' as defined in section 299. if the .....
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