Jammu and Kashmir Court May 1972 Judgments
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Mohammad HussaIn Bandy Vs. the State
Court: Jammu and Kashmir
Decided on: May-26-1972
Reported in: 1973CriLJ388
ORDERMufti Baha-Ud-Din Farooqi, J.1. Twenty two persons including one, Abdul Rashid Begh, were being tried before the City Munsiff, Judicial Magistrate 1st Class for offences under Sections 341 and 188. R.P.C. Mohammad Hussain Bandy was a surety for the appearance of Abdul Rashid Begh. During the progress of the case Abdul Rashid Beg defaulted in appearance on 29.7.1971 when the case was fixed for hearing. The learned Magistrate issued a notice to the surety. Mohammad Hussain Bandey to attend the Court on 29.8.1971 and show cause why he should not be ordered to pay the penalty provided in the bond. It turned out that 29.8.1971 was a Sunday. The case was taken up on the following day when the surety Mohammad Hussain Bandy was not present. The learned Magistrate therefore ordered the recovery of the bail amount by attachment of the moveable property of the surety. The surety went in appeal to the Sessions Judge Srinagar. By his order dated 29.10.1971 the learned Sessions Judge Srinagar s...
Bee Bnn and Co. Vs. the State
Court: Jammu and Kashmir
Decided on: May-24-1972
Reported in: 1973CriLJ391
Mufti Baha-Ud-Din Farooqi, J.1. This is an application for transfer in 24 criminal cases mentioned annexure-A to the application, pending on the file of Sub Judge Judicial Magistrate 1st class Ramban. All these cases have arisen under the Motor Vehicles Act, 1939 within the territorial jurisdiction of the said Judicial Magistrate.2. The only point canvassed before us in support of the transfer was that the Judicial Magistrate Ramban has no jurisdiction to try these cases. The objection is founded on the plea that by Notification SRO No. 274 dated 3.7.1971 and SRO No. 467 dated 4th October, 1971 issued under Section 14(1) of the Code of Criminal Procedure two special Judicial Magistrates by nam e with concurrent powers have been appointed for the Sessions Division of Jammu Kathua Doda and Udhampore for the trial of offences under the Motor Vehicles Act, 1939 till further orders who alone it is asserted, are competent to try such cases arising from these Sessions Divisions which include ...
Noor-ul-dIn Vs. Abdul Gani Bala
Court: Jammu and Kashmir
Decided on: May-19-1972
Reported in: 1973CriLJ539
ORDERS. Murtaza Fazl Ali, C.J.1. This is an application against the order passed by the Judicial Magistrate 1st Class, (Judge Small Causes Court) Srinagar, dated 3.6.1971 holding that the non-applicant was in possession of the room in dispute.2. I have gone through the judgment of the learned Magistrate and also of the learned Additional Sessions Judge, Srinagar and I find that, the Magistrate has very carefully dealt with the evidence of parties and has rightly rejected the evidence of the petitioner. Mr. Hak appearing for the petitioner in support of the rule submits that the trial court has misconstrued the rent deed and actually, misread it because it pertained not only to the two storeyed house but also to the premises in question. The learned Magistrate has come to a clear finding of fact that no evidence wag led by the petitioner to prove the execution of the rent deed which was inadmissible in evidence. If the rent-deed was inadmissible in evidence it could not be taken into co...
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