Court : Jammu and Kashmir
Reported in : AIR1981J& K29
ORDER1. In Mohinder Pal v. Mst. Kailash Devi, 1980 Kash LJ 150, it has been held by this Court that Section 19 (3) (e) of the Agrarian Reforms Act (for short 'the Act') contemplates suits and proceedings between a recorded owner or intermediary on one hand and the party in possession on the other in which the right to possess is claimed or disputed and that such suits and proceedings would include suits and proceedings in which the party in possession has pleaded adverse possession as a ground of claim or defence. All cases falling in the category which are pending in Civil or Revenue Courts or before Revenue Officers are liable to be transferred for disposal to the Collector (Agrarian) concerned. In the present case, the dispute is about title and possession; each party claims to have both title and possession to the exclusion of the other. Clearly the conditions of Section 19 (3) (e) are not satisfied. The lower Court was not, therefore, justified in holding that the case was liable ...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 1981CriLJ688
ORDERMufti Baha-Ud-Din Farooqi, Actg. C.J.1.The trial magistrate has tried to weigh the evidence in golden scales. That is not the intendment of Section 204, Cr. P.C. Section 204, Cr. P.C. enables a magistrate to take cognizance of an offence and issue process if 'there are sufficient grounds for proceedings'. The scope of the words 'sufficient ground for proceedings' is limited. These words suggest that even where there is a suspicion that the accused has committed an offence that would be enough to entitle the magistrate to take cognizance and issue process against him. The allegation in the complaint was that the complainant had entrusted to the accused some timber and fuel wood which he had refused to return and had even belaboured the complainant when he demanded it back. The magistrate has entered into a detailed discussion of evidence and held that there is no case under Section 406, R. P. C, and that the dispute in that regard is purely of civil nature. He has further held that...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 1981CriLJ1771
ORDERMufti Baha-Ud-Din Farooqi, Ag. C.J.1. This is a revision application by the accused against an order of the Chief Judicial Magistrate, Srinagar, dated 18-1-1979, holding that the accused could be prosecuted without the sanction of the Government under Section 197, Cr.P.C.2. The accused, while acting as a Regional Officer, Directorate Field Publicity Government of India, travelled by air from Srinagar to Delhi and vice versa, on one occasion, and from Srinagar to Jammu and vice versa, on two occasions, on the foot of air tickets obtained by him in lieu of exchange orders. The value of the tickets so obtained was debitable to the Directorate of Field Publicity and the accused was required under rules to exclude it from the T. A. bills. It is alleged that he submitted T. A. bills including therein the claim for air fare and received payment accordingly. On this allegation, a challan under Section 420, I.P.C. has been submitted by the police against him in the court of the C.J.M. Srin...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 1981CriLJ783
ORDERI.K. Kotwal, J.1. This judgment will govern the disposal of Criminal' Revision Petitions Nos: 112 of 1979 and 7 of 1980, as these are directed against two orders passed by Sessions Judge, (Poonch) in the same case pending trial before him. By his earlier order dated 22-10-1979, he dropped proceedings against two accused persons, namely, respondents Nazir' Hussain Shah and Mst. Sarir Fatima in Petition No. 112, and by his later order dated 27-11-1979 he refused to charge-sheet the respondents in petition No. 7 under Section 302 R. P. C, and charfte-sheeted them only under Sections 14B, 325, 323 and 326 read with Section 149 R. P.C. The facts leading to the filing of these petition;: may he briefly stated us below:Police Station, Mendhar, initially put up a challan against ten accused persons namely, respondents Zaman Shah, Aftab Shah, Muslim Shah, Zuhid Shah, Zaqir Shah, Asgar Shah, Qaramat Shah, Sabir Hussain Shah, Manzoor Hussain Shah and Mst. Sakina Bi in the Court of Chief Judi...
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