Judgment Search Results Home > Cases Phrase: sashastra seema bal act 2007 section 32 escape from custody Court: jammu and kashmir Page 3 of about 36 results (0.061 seconds)

Gopal Dass Vs. State of J and K

Court : Jammu and Kashmir

Reported in : 2008CriLJ2651,2008(2)JKJ153

..... 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 thus ..... of the code of criminal procedure. this omission would, therefore, partake the character of a major contradiction. resultantly, presumption under section 114-c of the evidence act cannot be drawn against the appellant to presume that because the death had taken place within seven years of the marriage, so the appellant had to be presumed ..... saying that the findings are not supported by reliable evidence and are even otherwise bad in law based on wrong interpretation of section 114-c of the evidence act.6. learned state counsel, on the other hand, supports the judgment and order of learned sessions judge urging that there was sufficient evidence against the appellant .....

Bhomesh Sharma Vs. State of J and K and ors.

Court : Jammu and Kashmir

Reported in : 2007(1)JKJ84

..... to the directions of learned special judge anti corruption, the vigilance organization registered fir no. 4/2006 for commission of the offences under section 5(2) of prevention of corruption act read with section 120(b) rpc and started investigation of the case.6. it may be pointed out here that as per the information provided through application to the learned ..... may bring it to the kind notice of hon'ble court that case fir no. 20/2005 under section 5(1) e read with section 5(2) p. c. act svt. 2006 was registered with p/s vigilance organization, jammu on december 06, 2005. the searches including that of the house of accused bhumesh sharma and others were conducted on ..... of the accused bhumesh sharma and others on 07/08-12-2005 in case fir no. 20/2005 under section 5(1) (e) read with section 5(2) p. c. act svt. 2006 registered with police station vigilance organization, jammu were missing.on my arrival at jammu, i called insp. nissar hussain shah no. 49/svo (investigating officer) to my .....

Nagarmal Vs. the State and ors.

Court : Jammu and Kashmir

Reported in : 1989CriLJ1584

..... j.1. petitioner has been detained under the orders of district magistrate, jammu dt. june 30, 1986 under section 8 of the j & k public safety act, 1978 (for short act hereafter). the grounds on which detention has been ordered have been enumerated in the grounds of detention as under:on 20-2-1985 you motivated one buta s/o ..... and on this ground the order of detention requires to be quashed learned additional advocate-general has, however, contended that the government is fully authorised under the act to order continued detention of a detenu for a period of 24 months and considering the activities of the petitioner prejudicial to the security of the state his ..... consideration confirmed the continued detention of the detenu for a period of 24 months.4. admittedly the district magistrate while passing the order under section 8 of the act had detained the petitioner for a period of 12 months. the government while confirming that order has raised the period from 12 months to 24 months. no reason .....

Sr. Superintendent of Police Vigilance Organization Vs. Gh. Rasool Mag ...

Court : Jammu and Kashmir

Reported in : 2007(3)JKJ450

..... it is the owners/holders failure to satisfactorily account for its acquisition that is. that being so the pretrial power of seizure etc under forest act and ndps act commodities dealt with thereunder possession whereof by any person is perse an offence and automatically renders him liable to explain the same without which he ..... . at the same time however there is a basic difference in the subjects dealt with by these enactments and the anti corruption law. while forest act and ndps act deal with regulation of substances which are lawfully prohibited ;and possession, sale or transportation whereof is by itself an offence unless authority for same is shown ..... even though vesting power in the magistrate and not investigating agency, does not at all appear to be punitive in nature. secondly, under 'arms act' and 'explosives act', whereunder the power of seizure and confiscation as already said comes into operation only after conviction of the accused and can be exercised thereafter in relation .....

Krishan Lal and anr. Vs. Dhani Ram and ors.

Court : Jammu and Kashmir

Reported in : 2004(3)JKJ497

..... suit. it is not the case of the plaintiff that the tehsildar had no authority to authenticate the agreement. such a suit is expressly barred under section 25 of the act which reads as under: -'25. bar of jurisdiction of civil court-notwithstanding anything contained in any law for the time being in force -(a) no civil court shall have ..... of may 1973, such ex-owner and such ex-intermediary jointly, and the prospective owner of such land by an agreement in writing, duly registered under the j&k; registration act, 1977 or authenticated by a revenue officer of a class not lower than a tehsildar: -(a) respectively acknowledge receipt and payment of an agreed amount; and/or(b) admit ..... the learned court passed the following order on 16.07.1996:-'1. whether the suit is not maintainable as it is barred by section 12 and 25 of agrarian reforms act opd.2. whether the cause of action has accrued to the plaintiff against the defendant opp3. whether the suit is not properly verified and if so, what is the .....

Shri Sarang Bani and ors. Vs. Sh. Rajinder Singh and anr.

Court : Jammu and Kashmir

Reported in : 2005(3)JKJ463

..... (1995)1scc187 the appellants no. 1 and 5 died. no application was made to bring on record the legal representatives within the statutory period prescribed by limitation act. the court observed as under:'... admittedly, no applications had been made to bring on record the legal representatives of the deceased appellants 1 and 5 from the respective ..... also the written statement of the defendant/respondent rajinder singh. his specific submission is unless the evidence is proved in terms of section 145 of the evidence act it should not have been relied upon and considered.8. in appreciating his submissions, it is obligatory upon him in law to make out convincing and ..... 4 cpc seeking to bring him on record as legal representative of the deceased-appellant. along with this application, an application under section 5 of the limitation act was also filed, seeking to condone the delay in approaching the court. it was resisted by the respondent rajinder singh. the learned single judge after hearing .....

Mohd. Bashir and ors. Vs. State

Court : Jammu and Kashmir

..... there does not exist any material on the records on the basis whereof it could be said that the petitioners had committed the alleged offence while acting or purporting to act in the discharge of their official duties. learned sessions judge has detailed the material collected by the investigating agency during the currency of the investigation, ..... counsel in respect of sanction under section 197 cr.p.c., the accused persons had come forward with a written plea that they committed the offence while acting or purporting to act in discharge of their duties. thus, these judgments are of no assistance to the accused no. 3. the accused no. 3 has claimed the protection ..... suggest that accused no. 3 has misused his official position. had the accused come forward with an application that he really killed the deceased but while acting and purporting to act in discharge of his duties the situation would have been otherwise. the court is not award that what will be the defence adopted by the accused .....

Hemkund Transport Service Vs. Union of India (Uoi) and ors.

Court : Jammu and Kashmir

Reported in : 2008(1)CTLJ115(J& K),2007(1)JKJ379

..... singh, kulwant singh, aya singh and gajan singh, executed a partnership deed on 29.03.2005. this was registered under the jammu & kashmir registration act, 1977. thereafter a supplementary deed of partnership came into existence indicating a contract between these six partners and one s. sudershan singh wazir. this deed ..... partnership deed in the state of j&k; was compulsory, and omission to get the supplementary partnership deed registered under the j&k; registration act would make the seventh partner as a non entity in the partnership firm of the petitioner. learned counsel submits that the petitioners financial soundness and ..... in the technical bid documents; (ii) the supplementary partnership deed introducing seventh partner in the petitioner firm, was not registered under the jammu & kashmir registration act; and (iii) the petitioner did not possess the requisite experience and financial status.projecting its financial status and experience in the transportation of food grains worth .....

Lal Babu Rai Vs. State of J and K

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 .....

Veerendra Mohan, Lt. Col. Vs. Union of India (Uoi) and ors.

Court : Jammu and Kashmir

Reported in : 2007(2)JKJ256

..... of integrity expected of such an august body, the competent authority should unhesitatingly initiate disciplinary action against such erring persons under the provisions of the army act. a commanding officer holding a summary court martial does not fall under the above definition and hence may be censured subject to exercising utmost discretion, by ..... to the military discipline and functional efficiency. learned counsel says that in view of the availability of equally efficacious remedy under section 27 of the army act and by way of special review the present writ petition did not warrant its admission to hearing.12. i have considered the submissions of the petitioner, ..... bar for his promotion. he says that the witnesses, who had been produced during the court of inquiry, had not even remotely involved him in any act of omission and commission, misconduct or misdemeanour and the conclusion drawn by the respondents, attributing various misdemeanours on the basis of court of inquiry was perverse .....