Jammu and Kashmir Court July 1981 Judgments

S.K. Mahajan and Etc. Vs. Municipality

Court: Jammu and Kashmir

Reported in: 1982CriLJ646

I.K. Kotwal, J.1. We are called upon to answer three different questions of law arising in three criminal references Nos. 27 of 1977, 61 of 1978 and 28 of 1979 which, if stated more exhaustively. should read as under:(1) Whether the newly inserted Sub-section (4-a) of Section 435 Cr.P.C. which creates a bar against revision of an interlocutory order is retrospective in operation, in the sense, that it would affect even pending revisions and references?(2) Whether an order framing a charge is an interlocutory order so as to attract the bar created by Sub-section (4-a) of Section 435?(3) Whether an order refusing to summon a witness Under Section 540 CrIPC is also an interlocutory order that attracts the same bar?2. A charge Under Section 7/16 of the Prevention of Food Adulteration Act was framed against the petitioner S. K. Mahaian in Criminal Reference No, 27 of 1977 by Munsiff judicial Magistrate, Jammu, by his order dated 8-9-1976. He challenged it before Chief Judicial Magistrate, J...

State Vs. Mohd. Yasin

Court: Jammu and Kashmir

Mir, J. 1. This appeal arises out of an order and decree passed by the learned District Judge, Anantnag on a reference made to him under Section 18 of the Land Acquisition Act by the Collector (Asstt. Commissioner) Anantnag.2. It appears that about 8 kanals of land were acquired by the State appellant at Dooru Anantnag from 3 persons, Mohd. Yasin, Mst. Bega Bane and Qadir. The Collector fixed the market value of the land so acquired at Rs. 4,000 per kanal. Except the respondent herein, i. e. Mohd. Yasin, the other two persons from whom the land had been acquired have accepted the award of the Collector. The respondent made a request to the Collector to refer the matter under Section 18 of the Land Acquisition Act to the District Judge for adjudication.3. On recording evidence of a large number of witnesses and on perusing a good number of sale deeds, the learned District Judge vide his order dated 4-8-78 enhanced the rate of acquisition from Es. 4,000 to Rs. 6,000 per kanal in favour o...

Shyam Lal Dhar Vs. Ply Board Industries

Court: Jammu and Kashmir

Reported in: AIR1981J& K95

Mufti Baha-ud-din, Ag. C, J.1. In order to appreciate and determine the controversy in this case, it will be necessary to give briefly the sequence of events leading up to this reference. Plaintiff, Shyam Lal Dhar, sued the defendant, M/s. Ply Board Industries, for possession of land measuring 7 kanals and II marlas situate at village Sampore as also for compensation and damages amounting to Rs. 7,200/-. The suit was filed on 6-4-1965 in the Court of Addl. District Judge, Srinagar. The defendant put in his appearance and engaged late Shri A. N. Raina as his counsel. Mr. Raina appeared and conducted the case on behalf of the defendant on several hearings till 17-10-1978 when he absented himself with the result that the Court proceeded ex parte against the defendant. Thereafter the case was adjourned several times but no one appeared for the defendant to have the ex parte proceedings set aside. Eventually the trial Court passed a decree against the defendant ex parte on 23-3-1969. The pl...