Jammu and Kashmir Court November 1982 Judgments
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Mangat Ram Roshan Lal Vs. Harbans Lal
Court: Jammu and Kashmir
Decided on: Nov-12-1982
Reported in: AIR1983J& K83
ORDERI.K. Kotwal, J.1. Decision of this revision petition turns upon the interpretation of Sub-section (4) of Section 12 of the Jammu & Kashmir Houses and Shops Rent Control Act 1966, hereinafter to be referred to as the Act which reads as under:'(4) If the tenant contests the suit, as regards claim for ejectment, the plaintiff landlord may make an application at any stage of the suit for order on the tenant-defendant to deposit month by month rent at a rate which it was last paid and also the arrears of rent, if any, and the Court after giving an opportunity to the parties to be heard, may make an order for deposit of rent at such rate, month by month, and the arrears of rent, if any, and on failure of the tenant to deposit the arrears of rent within fifteen days of the date of the order or the rent at such rate for any month by the fifteenth day of the next following month, the Court shall order the defence against ejectment to be struck out and the tenant to be placed in the same po...
Hoshiar Singh Vs. Smt. Inder Parkash Devi
Court: Jammu and Kashmir
Decided on: Nov-12-1982
Reported in: AIR1983J& K63B
I.K. Kotwal, J.1. This revision petition is directed against an order of District Judge, Jammu, dismissing the petitioner's appeal against an order of City Judge, Jammu, refusing to set aside the ex parte decree passed by him against the petitioner.2. A suit for possession of land measuring 6 marlas and odd was brought by the respondent against the petitioner on 27-11-1977 in the Court of City Judge, Jammu. The petitioner having allegedly refused to accept service of the summons sought to be served upon him on 25-1-1978, the process-server made a report accordingly and the Court proceeded ex parte against the petitioner. An ex parte decree was eventually passed against him on 29-8-1978. Execution of the decree was then taken out by the respondent on 11-11-1978, and a notice was issued in it by the Court on 7-6-1979, which was served upon the petitioner on 11-6-1979, requiring him to attend the Court on 30-7-1979. Despite service of notice on him, the petitioner did not appear in the Co...
Seva Ram Vs. Income-tax Officer and ors.
Court: Jammu and Kashmir
Decided on: Nov-12-1982
Reported in: (1983)34CTR(J& K)282,[1983]141ITR933(J& K)
G.M. Mir, J. 1. This is a petition under Article 226 of the Constitution of India read with Section 103 of the J & K State Constitution for the issuance of a writ of certiorari or any other writ, order or direction, quashing the order of respondent No. 1 and for declaring Section 140A(3) of the I.T. Act, 1961, as ultra vires the Constitution. 2. It has been alleged that the petitioner filed the requisite return of income-tax for the years 1972-73 and the income-tax assessed on the basis of that return was more than Rs. 500. The petitioner deposited the income-tax within 30 days from the date of the filing of the return. But the petitioner failed to deposit the tax within the time given and because of this the ITO proceeded to penalise the petitioner under Section 140A(3) of the I.T. Act, vide his show-cause notice No : Penl. /73-74, etc. He imposed a penalty of Rs. 110 on the petitioner. 3. It has been urged in this petition that Section 140A(3) of the I.T. Act of 1961 was ultra vires ...
Mohan Singh Parihar Vs. Commissioner of Police and ors.
Court: Jammu and Kashmir
Decided on: Nov-12-1982
Reported in: 1983CriLJ1182
ORDERI.K. Kotwal, J.1. This petition Under Section 497-A of the Code of Criminal Procedure, hereinafter to be referred to as 'the Code', raises an important question of the extent of the powers of the High Court and the Court of Session, to grant anticipatory bail to a person, against whom a case has been registered with a police station, which, is situated outside the limits of their territorial jurisdiction.2. A criminal case under Sections 406 and 420 I.P.C. has been registered against the petitioner with police station Nanakpora, New Delhi, The petitioner is a resident of village Bajarni, Tehsil Doda, a place within, the territorial limits of the State of Jammu and Kashmir. He has filed the present petition in this court for granting the anticipatory bail in exercise of its powers Under Section 497-A. An objection has been taken on behalf of the State that this court has no jurisdiction to grant anticipatory bail to a person, against whom a case has been registered with a police st...
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