Court : Jammu and Kashmir
Reported in : 2008(3)JKJ294
..... 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 section 498a rpc ..... (the deceased). she further told that mate au banchei debenahin.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 ..... 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 v. state .....
Tag this Judgment!Court : Jammu and Kashmir
..... of environment and forests, wildlife division has been recorded to be subject to the existing directive of the hon ble supreme court and provisions of forest (conservative) act, 1980, same position is further supported by the reply as filed by respondent nos. 2,3,5,8 and 10 wherein at para no. 14, it ..... eia notification dated 24th september, 2006 subject to strict compliance of 21 specific conditions and 25 general conditions incorporated therein which include clearance under the wildlife (protection) act, 1972 from the national board for wildlife. specific condition no. ii reads as under: ii. environmental clearance is subject to final order of the hon ble ..... no. 9-chairman shri mata vaishno devi shrine board to prevent him from alienating the land in violation to the provisions of shri mata vaishno devi shrine board act 1988.3. national mineral development corporation (nmdc) limited- respondent no. 7 in wppil no. 03/2012, a central public sector enterprises, established in the year .....
Tag this Judgment!Court : Jammu and Kashmir
..... of environment and forests, wildlife division has been recorded to be subject to the existing directive of the hon ble supreme court and provisions of forest (conservative) act, 1980, same position is further supported by the reply as filed by respondent nos. 2,3,5,8 and 10 wherein at para no. 14, it ..... eia notification dated 24th september, 2006 subject to strict compliance of 21 specific conditions and 25 general conditions incorporated therein which include clearance under the wildlife (protection) act, 1972 from the national board for wildlife. specific condition no. ii reads as under: ii. environmental clearance is subject to final order of the hon ble ..... no. 9-chairman shri mata vaishno devi shrine board to prevent him from alienating the land in violation to the provisions of shri mata vaishno devi shrine board act 1988.3. national mineral development corporation (nmdc) limited- respondent no. 7 in wppil no. 03/2012, a central public sector enterprises, established in the year .....
Tag this Judgment!Court : Jammu and Kashmir
..... proceedings stand vitiated if they are actuated by fraud. fraud is thus an extrinsic collateral act which vitiates all judicial acts, whether in rem or in personam. 14. in the present case the writ petitioner- respondent produced a fabricated document in order to secure the appointment by ..... in collateral proceedings. 13. in k.d.sharma s case (supra) the court summed up the definition of expression fraud as under:- the court defined fraud as an act of deliberate deception with the design of securing something by taking unfair advantage of another. in fraud one gains at the loss and cost of another. even the most solemn ..... case of s. p. chengalvaraya naidu v. jagannath & ors (1994) 1 scc 1.hon ble the supreme court quoted edward coke of england who held that fraud avoids all judicial acts, ecclesiastical or temporal . the view has been followed in case of a.v. papayya sastry and 14 ors v. govt. of a.p and ors, (2007) 4 scc .....
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..... air 200.sc 396.7. as a sequel to the above discussion, the case titled as satvir singh v. bindu bala filed under section 9 of the hindu marriage act, 1955 pending in the court of additional district judge, udhampur is ordered to be transferred to jammu. the learned principal district judge, udhampur, is directed to withdraw the ..... .6. the respondent appears to have sufficient income being working in the indian army. it is true that transfer of petition filed under section 9 of the hindu marriage act, 1955 which, in fact, is a counter blast to the petition filed under section 488 cr.pc would cause some inconvenience to respondent, yet it would be far ..... 1.mrs. bindu bala, wife of the respondent has approached this court with a prayer that the proceedings initiated by her husband under section 9 of the hindu marriage act, 1955 in the court of additional district judge, udhampur may be transferred to a court of competent jurisdiction at jammu.2. it has been pointed out that the marriage .....
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..... any permission has been granted for erection of the building, he is required to comply with the mandate of section-7 of the control of building operations act, 1988 by issuing a notice in writing to show cause against the action proposed to be taken in regard to removal of the contravention of the sanction ..... being empowered under municipal corporation act, 2000 has the power to cancel the permission accorded under misrepresentation. it is further submitted that the statutory authority granting permission is 3 empowered to revoke the ..... , building permission was withdrawn in terms of the impugned order dated 27.09.2012.3. respondents have defended the impugned order passed under control of building operations act, 1988 on various grounds including the plea that the violation of sanction plan came to light after grant of permission. it is submitted that respondent no.2 .....
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..... 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 .....
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..... 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 .....
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..... on the strength of a succession certificate obtained by respondent no.4 from civil judge, junior division batala (exercising powers of district judge under indian succession act), all service benefits except death cum 5 retirement gratuity of deceased were paid to respondent no.4 which implies that the succession certificate was obtained by ..... to submit succession certificate and she submitted the succession certificate issued by sub judge, junior division batala exercising powers of district judge gurdaspur under indian succession act. 4 accordingly payment of all pensionary benefits of deceased balbir singh was made to respondent no.4 except dcrg as nomination form for payment of dcrg ..... consumed lives of three crpf jawans including balbir singh while some others sustained injuries. case for offence under section 302/307 rpc and 7/27 arms act came to be registered in this regard. body of deceased was brought to his home village for cremation and the same was consigned to flames at .....
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..... 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 .....
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