news details |
|
|
| Special DB stays operation of J&K Residential & Commercial Tenancy Act | | | EARLY TIMES REPORT
JAMMU, Sept 12 (JNF):- A Special Division Bench comprising First Puisne Judge Virender Singh and Justice JP Singh was created for the hearing of Public Interest Litigation challenging J&K Residential & Commercial Tenancy Act 2012, has stayed the operation of J&K Residential & Commercial Tenancy Act 2012. This Public Interest Litigation has been filed by Ex-Vice President of of Bar Association Jammu Chander Mohan Sharma through Advocates Pawan Kumar Manni, Vikram Sharma, Deepak Singh Baloria and Ashish Sharma.
In the Public Interest Litigation it has been submitted that the respondents have taken away the powers and functions of judiciary and have vested them with the Revenue Officers. In the PIL it has been further submitted that the taking away of powers of adjudication land-lord tenant disputes from judiciary does not qualify the touch stone of Legislative Competence keeping in view the provisions of Section 12 and 18 of constitution of J&K. The provisions of section 2(b) and 2 (n) r/w section 29 of the Act that define the Rent Controller are a direct hit at the independence of the judiciary.
Division Bench after hearing Sr. Advocate BS Salathia, Adv Vikram Sharma, Sr. Adv ZA Shah with Adv Vipin Gandotra, Sr. Adv UK Jalali Megha Amla and Sr. Adv DC Raina with Adv Pooja Raina appearing for the Public Interest Litigation whereas Sr. AAG Gagan Basotra and AAG HA Siddiqui appearing for the state observed that during the course of hearing the petitioner's counsel submitted that the forums created by the J&K Residential & Commercial Tenancy Act, 2012, may not be able to discharge the adjudicatory functions, which the act contemplates them so to do, deciding the rights and liabilities of the land-lord and tenant, as contemplated by the Act. Counsels appearing for the PIL submitted that the complexion adjudication of the rights created by the Act requires judicial and adjudicatory bent of mind. Division Bench considered the submissions of counsels for the parties and are of the view that keeping in view the nature of the issues projected by the petitioner' counsels, time, as prayed for by the state counsel needs to be allowed to them and order that operation of Jammu & Kashmir Residential & Commercial Tenancy Act, 2012 is directed to stay till next date and adjourned the case with the direction to the Registry to list on October 8, 2012. |
|
|
|
|
|
|
|
|
|
|
|
|
| |
| |
|
|
|
|
 |
|
|
|
|
STOCK UPDATE |
|
|
 |
| BSE
Sensex |
 |
| NSE
Nifty |
|
|
| |
CRICKET UPDATE |
|
|
|
|
| |
| |
|
|
| |
|
|
|
|
| |
|
|
|
|
|
|
|
|
|
|
|
|
|
