Jammu and Kashmir Court March 1978 Judgments

Ghulam Nabi Mir Vs. Mohammad Ayub Khan

Court: Jammu and Kashmir

Reported in: 1978CriLJ1225

ORDERI.K. Kotwal, J.1. This revision petition is directed against the order of Munsiff Judicial Magistrate, 1st Class, Anantnag, refusing to hand over the interim custody of a truck, seized by the police, on a complaint filed by respondent against the petitioner.2. On Dec. 20, 1977 the respondent filed a complaint against the petitioner, alleging therein, that he had purchased one truck bearing No. 6883 JKB from the petitioner on May 16, 1977, and had paid to him Rs. 55,940/- on that account, and further, that the respondent obtained possession of the truck also, but the same was stolen from his custody by the accused. He therefore, made a prayer in the complaint, that recourse to Section 202, Cr. P.C. be taken, and the truck seized from the custody of the accused. The Magistrate, on taking cognizance of the offence, recorded the statement of the complainant on the same day, and proceeded to pass the following order:SHO concerned to enquire under Section 202, Cr. P.C. and report. Put u...

Kali Dass Vs. S.H.O. Police Station Reasi

Court: Jammu and Kashmir

Reported in: 1979CriLJ345

ORDERAdarsh Sein Anand, J.1. This petition raises an important and interesting question of law as regards the powers of this Court to admit a person to bail in anticipation of his arrest.2. The brief facts which have given rise to this petition being filed in this Court are that a F.I.R. being No. 37 of 1978 has been lodged in the Police Station, Reasi, for offences under Sections 363/366 R.P.C. on the allegations that the petitioner herein had kidnapped/ abducted Mst Pushpa Devi, a minor, on the night intervening 23/24th of February, 1978. Apprehending, that he would be arrested and detained in connection with the said case, the petitioner has filed this petition for the grant of bail to him in anticipation of his arrest.3. The petitioner has stated in his application that the case against him is false. According to him a marriage has been solemnised between him and Mst, Pushpa Devi aged 19J years at the Arya Samaj Mandir Purani Mandi, Jammu, on 27th Feb., 1978 and as such, the allega...

State of Jammu and Kashmir and anr. Vs. Ghulam Rasool and anr.

Court: Jammu and Kashmir

I.K. Kotwal, J.1. This civil second appeal is directed against the decree of Additional District Judge, Srinagar confirming on appeal the decree of Sub-Judge, Chief Judicial Magistrate, Srinagar, decreeing the respondents' suit for prohibitory injunction restraining the appellants from interfering in their possession over some land and trees standing thereupon. The facts which have given rise to this appeal may be briefly stated as below.The respondents brought a suit on 29-12-1961 against the appellants alleging that they were in possession of land comprising Khasra Nos. 192 and 626 situated in village Gund Boshan, Tehsil Ganderbal and that the defendants were trying to interfere with their possession over the said land and taking steps to auction the trees standing on the land which had been according to the respondents planted by them. The defence taken up by the appellants was that land comprising Khasra No. 192 was a Khalsa land belonging to the State of Jammu and Kashmir and the ...