Jammu and Kashmir Court December 1981 Judgments

Avtar Singh and ors. Vs. Th. Atma Singh and ors.

Court: Jammu and Kashmir

Kotwal, J. 1. This appeal has a chequered history, Hukma Singh, the father of respondents Atma Singh, Kalyan Singh, Khem Singh, Hardev Singh and Rughbir Singh, executed a gift deed in respect of the suit house in favour of one Dhayan Singh, the pre-decessor-in-interest of the appellants, on 16th Kartik, 2002, Samvat. The respondents, out of whom Kalyan Singh died during the pendency of this appeal, and whose legal representatives have already been brought on the record, brought a suit on 3rd Magh, 2009 Samvat. in the Court of Munsiff, Sub-Registrar Jammu, against Dhayan Singh seeking a declaration that the suit house being their joint and ancestral property, their father Hukma Singh had no right to alienate it in favour of the donee, Dhayan Singh. In this suit they also impleaded their father Hukma Singh as the second defendant. Summons were issued to Dhayan Singh but the same could not be served on him and the trial Court proceeded ex parte against him. Hukma Singh however, did not ch...

M. A. Ramzana Vs. Director of Inspection and ors.

Court: Jammu and Kashmir

Reported in: (1982)28CTR(J& K)269

ORDER1. Written objection filed in Shah Sons cases have been adopted in this case. We have heard further arguments in the stay matter. We direct that further proceedings u/sub-s (5) of s. 132 of IT Act shall be stayed in the matter. We further direct that such of the seized goods as are entered in the account books shall be released in favour of the petitioner on his furnishing security in the amount of value of these goods as entered in the account books. The security shall be in the form of immovable property to the satisfaction of the Registrar of this Court. The value, as entered in the account books shall calculated by the ITO concerned and intimated to the Registrar within a period of ten days. The Registrar will enter his satisfaction on the security bond only after hearing the counsel for the respondents. We also direct that such of the goods as are not entered in the account books shall be retained by the respondents but they will associate with themselves as representative of...

O.P. Dogra and ors. Vs. State

Court: Jammu and Kashmir

Reported in: 1982CriLJ1548

I.K. Kotwal, J. 1. This judgment will govern the disposal of Criminal Revision Petitions Nos. 58, 77 and 78 of 1979 as they arise out of the same order passed by Special Judge Anti Corruption, Jammu, and their decision also turns upon the same questions of law and facts.2. In Oct. 1973, as the prosecution story goes, the petitioner O. P. Dogra, while he was posted as Assistant Divisional Manager, Oriental Fire and General Insurance Company, Jammu, he laid a false claim of Rs. 1,355/- with Messrs. Jupiter Insurance Company, Jammu, with whom the car had been insured that car bearing No. JKN 8228 belonging to Oriental Fire and General Insurance Company, which he was using in his official capacity, had met with an accident. On this, the company with which the car had been insured, deputed petitioner Balrai Kohli, a surveyor, to assess the damage and make a report accordingly. Suspicion having arisen that he had submitted a false report in conspiracy with petitioner O. P. Dogra, another per...

Rattan Lal Vs. State and ors.

Court: Jammu and Kashmir

Reported in: 1982CriLJ1697

ORDERA.S. Anand, J.1. The petitioner, brother of detenu Vijay Kumar, has filed this petition seeking quashing of the order of detention and release of the detenu from custody. The detenu, Vijay Kumar, was detained by order of District Magistrate, Jammu, vide his No. 123-A/PSA dated 11-7-81 as in the opinion of the. District Magistrate, the activities of the said detenu were prejudicial to the security of the State. The grounds of detention which were served on the detenu read as under:(1) That in the first week of January, 1980 you were allured and motivated by one Hans Raj s/o Shri Chhajju Ram r/o Arnia (teacher) to foe his associate in transborder activities. You agreed to get yourself introduced to one Imdad Ali s/o Chirag Din caste Muslim Bhatti r/o Noul p/s Pasroor District Sialkot (Pak Agent). You were introduced to him at Arnia in the house of said Hans 'Raj in the second week of Jan. 1980.(2) That in the second week 'of February '80, you along with said Hans Raj and Imdad Ali (...

Baldev Singh and ors. Vs. the State

Court: Jammu and Kashmir

Reported in: 1982CriLJ1087

I.K. Kotwal, J.1. The appellants, Rasal Singh and Baldev Singh have been found guilty by Sessions Judge, Jammu, of having murdered one Sansar Singh, the real son of appellant Rasal Singh, and the real brother of appellant Baldev Singh on 26-4-1977 at village Thalwal Tehsil, Jammu. He has convicted both of them Under Section 302 R. P. C. and sentenced them to imprisonment for life and a fine of Rs. 500/-each. The appellants have appealed against their conviction and sentence. Alongside the Sessions Judge has also made a reference for confirmation of the sentence of imprisonment for life imposed on them. This judgment will dispose of the appeal as well as the reference.2. Appellant Rasal Singh, as the prosecution story goes, had partitioned his property amongst himself and his three sons, Karnail Singh, Sansar Singh and Baldev Singh. One room which had fallen to the share of Baldev Singh had, however, remained in possession of Karnail Singh where he had stocked hay, He not having vacated...