Court : Jammu and Kashmir
Reported in : [1983]139ITR844(J& K)
Anand, J. 1. The petitioner seeks a direction to respondent No. 2 to refer the two questions of law enumerated in para 8 of the petition to this court for opinion.2. The assessee, proprietor of La Bela, Restaurant, Srinagar, opened his account with the Laxmi Commercial Bank on June 1, 1957, with a cash deposit of Rs. 4,763.81, This was followed by two further deposits of Rs. 4,700 on June 4, 1957, and Rs. 10,000 on July 5, 1957. In the subsequent financial year, there were two more cash deposits of Rs. 20,532.59 on June 11, 1958, and Rs. 29,000 on July 5, 1958. The explanation regarding the source of these deposits (made in 1957, 1958) was disbelieved by the ITO and an amount of Rs. 19,643 (for the financial year 1957) and Rs. 49,532 (for the financial year 1958) were added to the income of the assessee for the assessment years 1957-58 and 1958-59, as income of the assessee from 'undisclosed' sources. The assessee preferred an appeal against the said order of the ITO before the AAC, In...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : AIR1981J& K18
ORDERA.S. Anand, J.1. Land measuring 9 kanals and 8 marlas comprising khasra No. 127, situate at village Katra, Tehsil Reasi was acquired by the State for a public purpose i. e. for construction of a lorry Adda at Katra. The acquisition proceedings having been initiated, the award was delivered by the Collector on 22-2-1971.2. Respondents 3 to 5 are admittedly the owners of that land. The petitioner filed an application before the Collector under Section 18 of the Land Acquisition Act stating therein that though he was protected tenant of the land in question, and as such an interested person, but he had not been given any notice about the acquisition proceedings and therefore had no occasion to agitate his claim and on learning about the award, in September 1972, he was approaching him with the request that a reference be made so that he could also claim compensation. The Collector vide order dated 20-12-1972 refused to make a reference to the District Judge.3. The petitioner challeng...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : AIR1981J& K9
ORDERMufti Baha-ud-Din Farooqi, Ag. C.J.1. The petitioners grievance is that the court below is insisting on him to file objections without first trying for reconciliation, as it should have. For this he relies upon Section 23 (2) of the Hindu Marriage Act. This sub-section fell for consideration in Chhote Lal v. Kamla Devi, AIR 1967 Pat 269. The court observed :'The important words in Sub-section (2) are that it shall be the 'duty of the Court' in the first instance in every case where it is possible to do so, 'to make every endeavour' to bring about a reconciliation between the parties. In my judgment, the law enjoins upon the Court to make a sincere effort at reconciliation before proceeding to deal with the case in the usual course.'I am in respectful agreement with these observations. In this view I agree with the contention of the petitioner that the lower court should have tried for reconciliation before asking him to file the objections. The order to the contrary made by the lo...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : AIR1980J& K34
Kotwal, J.1. Pursuant to a notice issued by its Principal on 30-5-1977, the petitioner along with some others applied for being admitted to M.B.B.S. Course in Govt. Medical College, Jammu, as according to him, he fulfilled all the qualifications for admission prescribed in the said notice. The selection was to be made in terms of Govt. Order No. 1898-GD of 1973, dated 9-7-1973, according to which, 50% of the total seats were to be filled upon the basis of open merit in accordance with the criteria to be adopted by the concerned Selection Committee constituted by the Government for the purpose. The petitioner sought admision in this category, but was rejected, even though according to him, he was far superior to respondents 3 to 11 in merit, who were granted admission by the Selection Committee. He has, on a number of grounds, prayed for a twofold relief : one, that the selection of respondents 3 to 11 be quashed, and two, that he be admitted to the said course. It is not necessary to s...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : AIR1981J& K6
Kotwal, J. 1. Two questions have been referred to this Bench, as according to one of us, who initially heard this revision petition, the view taken by this Court in Gupta Private Loan Committee v. M. Ganesh Dass Kudyar & Sons, 1975 Kash LJ 272 upon which the order impugned in this petition is based, was open to question. These are :1. Whether an instrument, which is sufficiently stamped, can be used for enforcing one of its terms where it is single document or one of the matters contained therein, where it consists of two or more distinct matters, if the stamp duty referable to such term or matter is sufficient ?2. In particular, where an insufficiently stamped document also contains an arbitration clause, whether such clause can be enforced under Section 20 of the Arbitration Act if the document bears the stamp duty requisite for an arbitration agreement ?2. The factual background in which these questions have arisen is like this :The first respondent, Bharat Finance Co., brought an a...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : AIR1981J& K54
ORDERA.S. Anand, J.1. Certain disputes having arisen between the petitioner and the respondent, the same were referred to the arbitration of Pir Zada Ghulam Nabi Commissioner and Secretary to Government Housing and Urban Development Department, Jammu and Kashmir in terms of an agreement entered into between the parties. The Arbitrator entered upon the reference and published his award. The petitioner thereafter filed an application under Sections 14/17 of the Arbitration Act requesting for a direction to the Arbitrator to file the award in court. A notice was accordingly issued and the arbitrator filed the award in court. The parties took notice of the filing of the award on 31-3-1975. The petitioner thereafter filed an application under Section 33 of the Arbitration Act praying that the award be declared as invalid and non existent in the eye of law on a number of grounds. The respondent resisted the application and filed his objections to the application under Section 33 of the Arbit...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : AIR1981J& K10
ORDERA.S. Anand, J. 1. This civil revision petition is directed against an order of the Sub-Judge, Jammu, dated 13-10-1979, whereby he allowed the respondent herein to sue in forma pauperis. 2. Briefly stated the facts are that the respondent filed an application seeking permission to sue the petitioner for the recovery of Rs. 5500/- as a pauper. The respondent stated that his daily income from business of cigarette selling, in the court compound, was hardly Rs. 2/3 per day and that he was unable to pay the court-fee. That the petitioner had taken a loan of Rs. 4300/-, the entire savings of the respondent and executed a promissory note with the stipulation that the amount shall be repaid on demand together with interest. A receipt was also executed along with the promissory note on 19-3-1975. That the respondent presented to the petitioner, through a notary, the promissory note for payment but in spite of the presentation, the petitioner has not made any payment so far. The respondent ...
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