Jammu and Kashmir Court August 1978 Judgments
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Dwarka Dass and ors. Vs. State and ors.
Court: Jammu and Kashmir
Decided on: Aug-31-1978
Reported in: 1979CriLJ550
G.M. Mir J.1. This revision petition under Section 439, Criminal Procedure Code is directed against a composite order dated 12-8-1977 passed by the City Magistrate, Jammu, in proceedings under Section 145 Code of Criminal Procedure between the parties whereunder the court below has rejected two applications viz:(i) an application under first proviso to Sub-section (4) of Section 145, Cr.P.C. for resummoning one Bhola Bhagat, who as a witness had filed an affidavit in support of the contentions of the opposite party; and(ii) a prayer for summoning certain persons for examination as witnesses under Sub-section (9) of Section 145, Cr.P.C. The facts that led to the present proceedings are in brief as follows:2. The Police Paccadanga, Jammu, lodged proceedings under Section 145, Cr.P.C against the petitioner herein who consist one set of non-applicants, and against non-applicants 2 to 7 herein as comprising the second set of the non-applicants. The dispute was with regard to the possession ...
Ali Shah Vs. Tax Recovery Officer
Court: Jammu and Kashmir
Decided on: Aug-24-1978
Reported in: [1980]121ITR620(J& K)
Mian Jalal-Ud-Din, C.J.1. The petitioner seeks to quash the impugned orders forming annexs. ' F ' and ' G ' to the petition by issuance of a writ of certiorari and mandamus directing the respondent not to proceed against the petitioner for the recovery of the tax amount.2. It is averred that the petitioner along with Bakshi Bashir Ahmed, Bakshi Ghulam Hassan and Bakshi Ghulam Ahmed constituted a partnership firm known as ' M/s. Kashmir Motors '. This firm was dissolved on December 31, 1960. Thereafter, the statement of assets and liabilities of this firm was drawn up according to which the petitioner did not take over the liabilities of the income-tax of the dissolved firm. According to the petitioner this remained the responsibility of the other three partners. Even according to the finding of the one man Tribunal presided over by the late Justice lyyengar, the entire assets of the Kashmir Motors were appropriated exclusively by the above-said partners excluding the petitioner. Respon...
State Vs. Ismail Sher Gojri and ors.
Court: Jammu and Kashmir
Decided on: Aug-05-1978
Reported in: 1979CriLJ557
ORDERMian Jalal-Ud-Din, C.J.1. This is a criminal reference made by the C.J.M. Anantnag in a criminal revision. The learned C.J.M. has recommended that the order dated 6-11-1971 passed by the Judicial Magistrate, Pulwama, declining to take cognizance of the case be set aside and the magistrate directed to proceed with the disposal of the case in accordance with law.2. To put in brief the facts of the case are: That the Police Awantipora submitted the charge sheet in a criminal case under Section 173 Cr.P.C. before the Judicial Magistrate Pulwama against the accused-respondents. According to the charge sheet the accused had committed offences punishable under Sections 447 and 323 R.P.C. After the challan was presented, before the magistrate, an objection was taken on behalf of the accused that the criminal court was not competent to try the offences inasmuch as the jurisdiction of the magistrate to hear and try the case was barred under Section 96 of the Jammu and Kashmir Village Pancha...
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