Jammu and Kashmir Court August 1981 Judgments

Mohd. Ashraf Ahanger Vs. Ghulam Mohd. Shah and ors.

Court: Jammu and Kashmir

Kotwal, J.1. This is defendant's appeal against whom a decree for ejectment from a shop has been passed by the trial court and confirmed by the lower appellate court.2. Respondents 1 and 2 herein, who are father and son respectively, brought a suit for ejectment against the appellant and respondent No. 3 herein on the twin ground of personal requirement and default in payment of rent. It was alleged that both father and son reasonably required the shop for their business. The suit was resisted by the appellant and respondent No. 3 inter alia on the grounds that neither respondents 1 and 2 reasonably required the suit shop for their personal occupation, nor was there any default in payment of rent. The appellant, for whom respondent No. 3 had acquired the shop as his guardian, had been paying the rent regularly. Some other pleas, including one regarding invalidityof the notice for ejectment, were also raised in defence. The trial court framed a number of issues and eventually came to th...

Prem Singh Vs. State and anr.

Court: Jammu and Kashmir

Reported in: 1982CriLJ297

ORDERMufti Baha-Ud-Din Farooqi, Actg. C.J.1. On the night intervening 17th/18th of July, 1973, one, Rajinder Singh, was found carrying timber in truck No. 4475/JKA in contravention of the Land Transport Rules, framed Under Section 15 of the Jammu and Kashmir Forest Act. The relevant Rule reads :No timber or other forest produce shall be moved on any route on which a depot or check post has been established unless, covered by a pass issued by the Forest Officer or the Revenue Officer or by the owner of a private forest or his agent.The timber was being transported without a pass. The contravention is punishable Under Section 16 of the Forest Act. The accused Rajinder Singh was put on trial Under Sections 15/16 of the Forest Act in the Court of the Chief Judicial Magistrate, Udhampur. On consideration of the evidence, the learned Magistrate convicted him and sentenced him to two months' rigorous imprisonment. He also ordered the confiscation of the truck. On appeal the learned Sessions J...