Jammu and Kashmir Court July 1982 Judgments

Sardar Surinder Singh Vs. Manjeet Kaur

Court: Jammu and Kashmir

Reported in: AIR1983J& K86

I.K. Kotwal, J.1. Two cross petitions i. e. one filed by Surrinder Singh, the appellant herein, under Section 9 of the Hindu Marriages Act, 1955, and the other by Manjeet Kaur, the respondent herein, were disposed of by District Judge, Jammu, by the consent of the parties, and a decree for judicial separation passed in favour of the respondent against the appellant. During the pendency of these proceedings, the respondent had also moved an application under Section 27 of the Act, seeking disposal of certain articles of moveable property, some of which, according to her, were her exclusive property, whereas the others werethe joint property of the parties. She had annexed two lists to her application, out of which List A, which inter alia included gold ornaments, represented her exclusive property. The appellant in his objections had, however, contended that the entire property was the joint property of the parties, as it had been gifted away to both the spouses at or about the time of ...

Mohammad Yousuf Wani and ors. Vs. Abdul Rehman Gujri and ors.

Court: Jammu and Kashmir

Mir, J. 1. This is a reference made to the Full Bench to determine the following question :'Whether the order of the Claims Tribunal refusing to set aside an order dismissing the claim petition for non-appearance of the claimant is appealable ?'2. It has been urged by Mr. Chaku appearing for the respondents that the order of the Claims Tribunal dismissing the claim petition for non-appearance of the claimant is not appealable, as according to him, under Section 110-D of the Motor Vehicles Act only an Award could be appealed against. His contention was that the order dismissing the claim petition for non-appearance was not an Award and, therefore, no appeal would lie against such an order.3. On the other hand Mr. Nehvi contended that though an appeal was permitted only in case of an award yet the provisions of C. P. C. were applicable to the matter at hand as the rules under Motor Vehicles Act, especially Rules 10.9 and 10.25, have specifically made the provisions of the Civil P. C. app...