Court : Jammu and Kashmir
Reported in : 1973CriLJ1036
..... of income tax, punjab, jammu and kashmir, himachal pradesh and patiala : [1964]53itr151(sc) and chandroji rao v. ..... to murder against such a person or of rape in relation to such a person, shall not be deemed to be guilty of an offence against this act and shall not be tried by a court-martial unless he commits any of the said offences(a) while on active service, or(b) at any place outside india, or(c) at a frontier post specified by the central government by notification in this behalf.explanation in this section and in section 69, 'india' does not include the state of jammu and kashmir.if the offence of murder is not a civil offence as is contended by mr. s.p. ..... aggrieved by this conviction and sentence the petitioner filed the aforesaid petition before this court on 22nd july, 1970, challenging the jurisdiction of the summary general court martial to try him and praying that a writ of certiorari quashing the aforesaid orders dated 3rd april, 1969, and 1st may, 1969, of the summary general court martial and of the confirming authority respectively, and a writ in the nature of habeas corpus directing his release from the ..... rifles, a part of the defence services of the union of india, and as such subject to the act, was charged with the offence of murder under section 302 of the indian penal code for causing the death while on active service, at field, of one mohamad hussain, a civilian, on the night intervening 12th and 13th of june, 1968. .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2007(1)JKJ161
..... cases which come to be assigned or transferred to it by the principal civil court of original jurisdiction or the high court as the case may be and therefore, the court of additional district judge for the purposes of 1997 act is to be deemed to be a court within the meaning of section 2(e) of the act.on a plain reading of the definition of the term 'court' as defined in section 2 (e) of 1997 act, it is manifest that an arbitration petition can be filed either before the principal civil court of original jurisdiction of the district or the high court in exercise of its ordinary civil jurisdiction as the case may ..... state of himachal pradesh and anr. ..... state of himachal pradesh 2003 (3) arb. ..... state of himachal pradesh and anr. ..... the himachal pradesh high court thus appears to be of the view that court of a district judge alone (to the exclusion of the court of additional district judge) shall have the jurisdiction to decide an application filed before it under part-i of the act.15. ..... at this stage it would be beneficial to take note of the view expressed by himachal pradesh high court also, in surat singh v. ..... state of a.p. .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2008(3)JKJ464
..... in the arena of establishment expenses, the commission has drawn a comparison vis-a-vis hpseb (himachal pradesh state electricity board) and approved the employees expenses for 2007-08, noticing that utility serves same geographical area as that of hpseb. ..... consequently, the right of the consumers to prefer an appeal under section 27 of the 1998 act to the high court is similar, if they are in any manner aggrieved by any order made by the commission. ..... per contra, the learned counsel appearing for the respondent company supported the judgment of the high court and contended that the primary duty of the determination of tariff is that of the licensee and the commission under section 29 had only to frame the necessary regulation in this regard and thereafter it only had the power of supervising the tariff determined by the licensee.54. ..... however, the high court proceeded on the basis that in spite of the said sections viz. ..... section 16 confers the right of appeal before the high court upon the person who feels aggrieved of the order or decision of the commission.45. ..... 222 f-223 a)it is well established that where the discretion vested in the court under section 34 of the indian arbitration act has been exercised by the lower court the appellate court should be slow to interfere with the exercise of that discretion. ..... the appellants have knocked at the door of this court under section 16 of the act having statuary right of filing the appeal agitating the entire case afresh. .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : [1982]49STC1(NULL)
..... the department having all along proceeded on the basis that the income of the assessee was from two different sources, it should not have been allowed by the high court to change its case;(ii) that, on the facts, the services rendered by the assessee to its tenants were the result of its activities carried on continuously in an organised manner, with a set purpose and with a view to earn profits; ..... the same view was taken by the andhra pradesh high court in a. s. ..... (2) notwithstanding anything contained in sub-section (1), nothing in this act shall apply to the following classes of hotels :-(i) boarding and lodging houses run by educational, charitable and religious institutions,(ii) guest-houses belonging to the state government or central government for the use of departmental officials only,(iii) guest-houses maintained by a nationalised or a scheduled bank, nationalised insurance company or a university or legislator's hostels.23. ..... the matter is no longer res integra, in state of himachal pradesh v. ..... in that case the constitutional validity of the tamil nadu additional sales tax act (14 of 1970) was challenged on the grounds : firstly, that the additional sales tax being in effect a tax on income, the state legislature was not competent to enact it; secondly, that the additional tax being recoverable from the dealer himself as confiscatory in nature, and its imposition created an unreasonable restriction on the dealer's right to carry on business and to .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : AIR2000J& K93
..... paid or partly promised or under any system of deferred payment when such use is made with the approval of such person, but does not include a person who obtains such goods for resale or for any commercial purpose; or(ii) hires any services for a consideration which has been paid or promised or partly paid and partly promised or under any system of deferred payment and includes any beneficiary of such services other than the person who ..... the view that a university while valuing the answer papers or undertaking the revaluation of answer papers or the re-checking of marks awarded to a candidate at the instance of a candidate who had appeared for the examination is not performing a service which had been hired or availed of for consideration and that no consumer dispute could therefore, be said to arise when a complaint made by the concerned candidate that the valuation, revaluation or rechecking had not been properly done ..... for this reference be made to the decision of the supreme court in the case of state of madhya pradesh v. ..... even otherwise on the plain reading of the sub-sections of the act of 1987 quoted above it can be said that the function of conducting examination evaluating answer papers, publishing results etc. ..... himachal pradesh state consumer disputes redressal commission, shimla in case reported as secretary, board of school, kangra v. ..... similar view was expressed by the punjab and haryana high court in municipal committee, ludhiana v. ..... surinder kumar, 1970 cur lj 631. .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 1999CriLJ4005,II(2000)DMC682
..... state of himachal pradesh' ..... however simply because on re-examination of the entire evidence another view is possible from the one taken by the trial court, by itself will not constitute a sufficient ground for interference, unless of course this court comes to the conclusion while dealing with such a case that the view taken by the court below is patently illegal or was untenable in law. ..... learned government advocate by referring to the statements of pw pushkar nath pandita, raj nath pandita, renu pandita and their mother prabha wati, made an attempt to persuade the court for reversing the judgment passed by the trial court. ..... brief facts giving rise to this case are that pradesh raina is the son of hirday nath raina and chuni devi and brother of manju raina ..... has by now been decided firmly by the apex court that in an acquittal appeal the material circumstance that needs to be examined is whether the findings of the trial court while recording acquittal are patently erroneous and palpably wrong. ..... made against the respondents were that immediately after marriage pw renu pandita with respondent pradesh raina harassment was caused by the respondents to her. ..... on examination of challan papers trial court was satisfied that there is prima facie case under section 498-a of the rpc, therefore charges were framed against all the respondents, who pleaded not guilty and claimed trial ..... no evidence has been examined by the prosecution in relation to acts of harassment as well as demand of cash etc. .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 1999CriLJ3034
..... state of himachal pradesh 1982 cri lj noc (hp), it is held that;section 229 confers a discretionary jurisdiction on the court to accept a plea of guilty and to act upon ..... majal, amicus curiae the accused abdullah jhat is facing trial before this court for an offence punishable under section 302/376, rpc for having committed rape and murder of his own daughter salima aged 13-14 years ..... section 464 provides for procedure in case of person committed before court of session or high court being ..... you understood the contentions of the charge sheet?answer: yes.question: have you committed the offence?answer: yes, sir.question : do you want to say anything more?answer : sir, i am young, i committed a mistake for the first time under emotions, i want justice.question: have you confessed to the offence of your own free will and consent or under the influence of any promise, coercion?answer : sir, of my own free will ..... the rule of practice adopted by the various high courts in not acting upon a plea of guilty in cases of serious offences of murder is a rule of caution ..... it envisages that in case any person committed for trial before a court of session or the high court appears to the court at his trial to be of unsound mind and consequently incapable of making his defence, the court shall, in the first instance try the fact of such unsoundness and incapacity, and if the court is satisfied of the fact, the judge shall record a finding to that effect and shall postpone further proceedings in the .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : AIR2000J& K85
..... damtal falls within the state of himachal pradesh. ..... directions were given to remove all unauthorised construction but directions were also given that the civil courts in the state of haryana would not give any ad interim injunction against the action which may be initiated in pursuance of the judgment given by the high court. ..... 169/1971; decision of punjab and haryana high court, referred to above, shows, restrictions of the nature contained in the notification can be imposed, again if the executive is remiss in its obligation, then it can be reminded of the duties which it is ..... it was said :--'all the civil courts in the state of haryana are directed not to pass any order of ad-interim injunction against the action initiated by the government of haryana for removal of unauthorised construction/encroachments on the two sides of the national highways under the provisions of 1963 act in pursuance of the directions given by the court.'10. ..... ''it is true, that some land owners have been adversely affected by the notification issued under section 3 of the impugned act by the chief engineer from time to time and some more may be adversely affected in future as well, but this by itself would not render the ..... legislative attempt having rational relationship to a permissible economic and social planning has to be respected by the courts in this regard, it would be apt to refer to a decision given by a division bench of punjab and haryana high court in the case reported as gurdayal pvt. .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 1972CriLJ1630
..... the state of himachal pradesh : 1971crilj511 and state v. ..... regarding the petitioner's trial on the second charge which relates to transport by him of prohibited commodities in service vehicle contrary to good order and air force discipline as envisaged by section 65 of the act, it may be stated that the learned counsel appearing on his behalf has not disputed that the court martial has jurisdiction to try this charge. ..... 1 to 3 would show that the petitioner has not been charged by the court martial either for an offence under section 165-a of the ranbir penal code or under section 66 read with section 70 of the act. ..... direction, or an order quashing the aforesaid charges framed against him by the court-martial and directing his release on the ground that the aforesaid offences for which he has been charged by the court martial are exclusively triable by criminal courts, that under section 71 of the air force act. ..... 1 to 5 have filed a return averring inter alia that the offences for which the petitioner has been charged are exclusively triable by the court martial, that he has not been charged for an offence under section 165-a of the ranbir penal code and that the trial is almost over and only the findings recorded by the court martial remain to be announced.4. ..... 2 to 5 for quashing the charges but they rejected his application on july 5, 1970.3. .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2003(1)JKJ739
..... state of himachal pradesh. ..... the aforementioned provisions deal with a situation where someone seeks service with the state and the question arises as to whether school certificates are to be relied upon or not. ..... in the present case, offences have been committed under section 121, 121a of the penal code read with section 7/25 of the arms act. ..... this act would apply to a person who is covered by the definition of term 'juvenile' under section 2(h) of the act. ..... taking note of these rules, the court below, as indicated above, has come to the conclusion that the school record can be given preference. 5. ..... with a view to determine as to whether a person is a juvenile or not, an enquiry has to be conducted in terms of section 3 of the act. ..... the state would take notice of the act and proceed further in accordance with the law. ..... in view of the above, i do not find any merit in this revision petition preferred by the state and the same is dismissed. ..... in case a boy has not attained the age of 16 years or a girl has not attained the age of 18 years then, the provisions of jammu and kashmir juvenile justice act, 1997 (herein-after referred to as the act) would be attracted. ..... the state, it was observed that where the school registers contains the names in an unambiguous terms, there can be relied upon. ..... for facility of reference this section is being reproduced below :- 'juvenile' means a boy who has not attained the age of sixteen years or a girl who has not attained the age of eighteen years;'2. .....
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