Jammu and Kashmir Court April 1982 Judgments

Balwinder Singh and ors. Vs. University of Jammu and ors.

Court: Jammu and Kashmir

Reported in: AIR1983J& K19

ORDERI.K. Kotwal, J.1. By virtue of this writ petition, the petitioners seek to challenge notification dated 28-10-1981, issued by the University of Jammu, imposing punishment of cancelling their B. A. final examination for the year 1981 in all the papers and further disqualifying them from appearing in and passing any University examination for a period of one year. They have also challenged notice dated 4-6-1981, calling upon them to submit their explanation to the charge and to appear before the Sub-Committee/ Competent Authority constituted for the purpose of holding an enquiry into the aforesaid charge.2. Briefly stated, the petitioners' case is : that they were students of M. A. M. College, Jammu, and had appeared in B. A. (final) examination in the year 1981, their examination centre being M. A. M. College itself. On 1-6-1981 a general but peaceful walk out was staged by the examinees of the M. A. M. College centre, the reason being that the General English Paper (B) had been se...

The State Vs. C.K. Gulhati

Court: Jammu and Kashmir

Reported in: 1982CriLJ1923

ORDERI.K. Kotwal, J.1. The respondent was challaned to stand his trial before Chiei Judicial Magistrate, Jammu for an offence under Section 420 R. P.C. for having supplied spurious spare parts of T. M. B. trucks to Salal Hydel Projects, Jammu, some time in the year 1971. The Chief Judicial Magistrate discharged him by his order dated 27-12-1974. A revision against the aforesaid order was taken to Sessions Judge, Jammu, which too was dismissed by him on 30-3-1976. Both these orders have been challenged in this revision petition as being contrary to law and facts.2. A preliminary objection has beeen raised that the revision petition is not maintainable. To sustain it, reliance has been placed upon a Supreme Court decision viz: Jagir Singh, Appellant v. Ranbir Singh : 1979CriLJ318 in particular, to the following observations occurring therein (Para 4):.We are concerned with this provision in this appeal. The object of Section 397(3) is clear. It is to prevent a multiple exercise of revisi...

Amrit Lal Nehru Vs. Usha Nehru

Court: Jammu and Kashmir

Kotwal, J. 1. This appeal, which should have been normally heard by a single Judge is before us on a reference made by Anand, J. to resolve the conflict between the views taken by the Court on the interpretation of the expression 'during the proceedings' occurring in Section 30 of the Jammu and Kashmir Hindu Marriage Act, 1980, hereinafter to be referred to as the Act. Even though the order passed by the Court under Section 30 is not appealable under Section 34 of the Act, yet an important question of law having arisen, we shall treat the appeal as a revision and dispose of it as such. The appellant will hereinafter be, therefore, referred to as the petitioner. 2. The petitioner, the husband, on 18-6-1980, brought a petition under Section 11 of the Act for annulment of his marriage with the respondent in the Court of District Judge, Srinagar. After the respondent had appeared in the Court through her counsel on 3-11-1981-she made an application under Section 39 on 11-11-1981, claiming ...