AI Overview...

Section 104 of the Constitution of Jammu and Kashmir - This section is frequently cited in legal cases involving judicial review, land disputes, and administrative matters. Courts have examined its scope in relation to superintendence over subordinate courts, land disputes, and writ jurisdiction. Several judgments have dismissed petitions filed under Section 104, indicating its limited scope for certain types of challenges Gian Devi VS Sub Judge (C. J. M. ) Jammu - Jammu and Kashmir, Anil Gupta VS Jaswant Singh - Jammu and Kashmir, Veena Sharma VS Sudershan Saini - Jammu and Kashmir.
Appointment and Disciplinary Procedures - Section 35(3) of the Constitution of J&K governs appointments to bodies like the Jammu & Kashmir Public Service Commission, with courts relying on this provision and Supreme Court judgments to adjudicate disputes over appointments and governor's authority Mukerjeet Sharma VS State - Jammu and Kashmir. Similarly, Rule 34 CCA Rules and Section 126(2) address disciplinary actions and employee rights, emphasizing procedural correctness Bahadur Singh VS State - Jammu and Kashmir.
Judicial Review and Writ Jurisdiction - Courts have used Section 104 to entertain petitions related to land, administrative, and personal disputes, but often dismissed petitions when procedural or jurisdictional requirements were not met Rajinder Singh Jamwal VS Kiran - Jammu and Kashmir, Veena Sharma VS Sudershan Saini - Jammu and Kashmir.
Citizenship and Residency - Section 6 of the Constitution of J&K, along with the Citizenship Act 1955, defines the criteria for permanent residency and citizenship rights, which courts have relied upon for judgments relating to citizenship status Raja Mohd. Hussain VS State - Jammu and Kashmir.
Other Constitutional Provisions - Articles like 226, 311, and 203 of the Indian Constitution are sometimes referenced alongside Section 103 of the J&K Constitution in cases involving deprivation of opportunities or employment disputes, highlighting the constitutional framework governing individual rights and administrative actions SHASHI CHAUDBURY VS State Of J & K - Supreme Court.

Analysis and Conclusion:
The Constitution of Jammu and Kashmir, particularly Section 104, plays a crucial role in judicial proceedings related to land disputes, administrative challenges, and subordinate court supervision. However, courts have often limited its application, dismissing petitions that do not meet procedural or jurisdictional criteria. Key provisions like Sections 35(3), 126(2), and 6 underpin appointment procedures, disciplinary actions, and citizenship rights, respectively. Overall, the constitutional provisions create a framework for governance and individual rights, with judicial interpretation emphasizing procedural correctness and jurisdictional limits.

Search Results for "Constitution of Jammu and Kashmir"

2015 0 Supreme(J&K) 399 • India - Jammu and Kashmir

TASHI RABSTAN

the Case: The petitioners sought approval for their appointments as Members of the Jammu & Kashmir Public Service Commission ... Governor - Appointment Dispute - Section 35 of the Constitution of J&K - Section 129 of the Constitution of J&K Fact of ... Ratio Decidendi: The court relied on the provisions of Section 35(3) of the Constitution of J&K and the Supreme Court judgments ... of Jammu#HL....

Gian Devi VS Sub Judge (C. J. M. ) Jammu

1986 0 Supreme(J&K) 34 • India - Jammu and Kashmir

A.S.ANAND

CONSTITUTION OF JAMMU AND KASHMIR - SECTION 104 - SCOPE AND EXTENT OF SUPERINTENDENCE AND CONTROL OVER SUBORDINATE COURTS - POWER ... Final Decision: The petition under Section 104 of the Constitution of Jammu and Kashmir was dismissed. ... of Jammu and Kashmir. ... This is a petitioner from under sec. 104 of the constitution of #HL....

2004 0 Supreme(J&K) 235 • India - Jammu and Kashmir

Y.P.NARGOTRA

Jammu & Kashmir - Rule 34 CCA Rules and Sec.126 (2) of the constitution of Jammu & Kashmir provide that an employee against whom ... Ratio Decidendi: The court held that Rule 34 CCA Rules and Section 126(2) of the Constitution of Jammu & Kashmir provide that ... Inquiry Report - Right to Furnish - Rule 34 of Classification, Control and Appeal Rules, S....

2012 0 Supreme(J&K) 53 • India - Jammu and Kashmir

J.P.SINGH

Dissolution of Marriage - Hindu Marriage Act, 1980 - Section 104 of the Constitution of Jammu and Kashmir - 2003 (6) Supreme Court ... of Jammu and Kashmir. ... of Jammu and Kashmir. ... of Jammu and Kashmir. ... of Jammu and Kashmir. ... ... She thereafter filed Application for summoning records o....

2015 0 Supreme(J&K) 188 • India - Jammu and Kashmir

B.L.BHAT

Supervisory Jurisdiction - Land Dispute - Constitution of Jammu and Kashmir, Section 104 - Article 227 - Mutation, Sale Deed, ... Interim Injunction - [Section 104 of Constitution of Jammu and Kashmir corresponding to Article 227 of the Constitution of India] ... - [Summary of Acts and Sections: Section 104 of the Constitution of Jammu and Ka....

2014 0 Supreme(J&K) 348 • India - Jammu and Kashmir

TASHI RABSTAN

Section 104 - Writ Jurisdiction - Constitution of Jammu and Kashmir - Hindu Marriage Act - Section 13 - Order XVII CPC - Section ... Finding of the Court: The Court found that the petition under Section 104 of the Constitution of Jammu & Kashmir was ... Issues: The main issue was the maintainability of the petition under Section 104 of the Constitution of J....

2001 0 Supreme(J&K) 86 • India - Jammu and Kashmir

NISAR AHMAD KAKRU

of the Constitution of Jammu and Kashmir Fact of the Case: The petitioner, a Lecturer in the Education Department, ... & Kashmir Civil service Rules, and the order of suspension was properly authenticated as per Section 45 of the Constitution of Jammu ... Jammu and Kashmir and Rule 12 of the Jammu and Kashmir Govern....

2017 0 Supreme(J&K) 354 • India - Jammu and Kashmir

B.S.WALIA

Section 104 - Constitution of Jammu and Kashmir - Dismissal of petition challenging lower court orders Fact of the Case: ... Finding of the Court: The court dismissed the petition under Section 104 of the Constitution of Jammu and Kashmir as ... Final Decision: The petition under Section 104 of the Constitution of Jammu and Kashmir....

2003 0 Supreme(J&K) 169 • India - Jammu and Kashmir

PERMOD KOHLI

Citizenship - Permanent Residency - Constitution of Jammu and Kashmir, Citizenship Act 1955 - Section 6 of the Constitution of ... Ratio Decidendi: The court relied on Section 6 of the Constitution of Jammu and Kashmir and Section 9 of the Citizenship Act ... and Kashmir. ... and Citizenship Act needs to be noticed.Section 6 of the Constitut....

1969 0 Supreme(SC) 40 • India - Supreme Court

G.L.MITTAL, M.HIDAYATULLAH

Indian Constitution, 1950 – Articles 226, 311, 203 – Constitution of Jammu and Kashmir – Section 103 – Deprived ... of opportunity – Leave Refused – Appellant filed a petition under S. 103 of the constitution of Jammu and Kashmir which is similar ... and Kashmir Constitution also required. – But this was corrected later by a corrigend....

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