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Jammu and Kashmir Court November 1981 Judgments

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Nov 27 1981

Rakesh Chandok Vs. Smt. Vinod

Court: Jammu and Kashmir

Decided on: Nov-27-1981

I.K. Kotwal, J.1. This appeal arises out of an order passed by District Judge, Jammu, Under Section 24 of the Jammu and Kashmir Hindu Marriage Act, 1955, hereinafter to be referred to as the 1955 Act, which corresponds to Section 30 of the Jammu and Kashmir Hindu Marriage Act, 1980, hereinafter to be referred to as the 1980 Act, granting maintenance pendente lite at the rate of Rs. 500/- per mensem and a further sum of Rs. 2,000/- on account of litigation expenses in favour of the respondent.2. The respondent brought an application Under Section 9 of the 1955 Act against the appellant in the Court of District Judge, Jammu. On 24-8-1979, she made an application Under Section 24 of the said Act that she having no independent income sufficient for her support and the necessary expenses of litigation, the appellant may be ordered to pay to her a sum of Rupees 500/- per mensem as maintenance and a further sum of Rs. 2,000/- by way of litigation expenses. This application was resisted by the...


Nov 27 1981

Lok Nath Vs. Jagbir Suri and anr.

Court: Jammu and Kashmir

Decided on: Nov-27-1981

Reported in: 1982CriLJ1328

ORDERI.K. Kotwal, J.1. This revision petition arises in the following circumstances:A complaint Under Sections 406 and 408 R. P. C. was brought by the respondents against the petitioner alleging that the parties, along with some others, had entered into a partnership for running a cinema known as Indira Theatre. The share of the respondents in the partnership business was 25% i.e. 124% each and each of them had to contribute a sum of Rs. 1,75,000/- towards the initial investment which was to be spent exclusively on the construction of the cinema house. A deed of partnership was executed on 1-11-1976. Since the deed was compulsorily registrable, it was agreed that the respondents will contribute their share of investment and hand over the money to the petitioner who will hold it in trust for them till the partnership deed was registered. Pursuant to this agreement, the first respondent paid to the petitioner a sum of Rs. 1,64,750.00 whereas the second respondent paid to him a sum of Rs....


Nov 13 1981

Mian Bashir Ahmad and Etc. Vs. State of J. and K. and ors.

Court: Jammu and Kashmir

Decided on: Nov-13-1981

Mufti-Baha-Ud-Din, Ag. C.J.1. At the last general election to the Jammu and Kashmir Legislative Assembly held in July, 1977, the National Conference party was returned with a large majority. Those returned on the National Conference Ticket included S/Shri Malik Mohi-ud-Din. and Mian Bashir Ahmad. Thereafter, Shri Malik Mohi-ud-Din was elected as Speaker of the Assembly on 8-9-1977 and continued to discharge his duties as such till 11-10-1980 when he was removed from office following a 'No confidence motion' moved against him.2. On 30-6-1980, Shri Ghulam Mohi-ud-Din, Secretary of the National Conference Legislature party represented to the Speaker that Shri Mian Bashir Ahmad had voluntarily given up the membership of the National Conference party and joined the Cong-I and that thereby he had incurred disqualification under Section 24-G of the J. & K. Representation of the People Act, 1957 (shortly 'the Act') for being a member of the Legislative Assembly. He prayed that appropriate acti...


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