Jammu and Kashmir Court September 1982 Judgments
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Ghulam Rasool Khan Vs. Wali Khan
Court: Jammu and Kashmir
Decided on: Sep-18-1982
Reported in: AIR1983J& K54
ORDERMufti Baha-Ud-Din Farooqi, J.1. In this case, the plaintiff sought to examine the fingerprint expert on commission and accordingly filed the interrogatories. The Court called upon the defendant to file the cross interrogatories. The defendant opposed the demand and contended that he can either cross examine the witness orally or file cross interrogatories and, that he would decide upon what course he should adopt only after the replies of the witness to the interrogatories served by the plaintiff were known. For this, he relied upon the decision of the Patna High Court in AIR 1934 Pat 60, (Ram Singh v. Ram Bahadur Singh). The trial Court held that the defendant was bound to file the cross interrogatories and after the court had examined the interrogatories, the defendant could claim the cross examination of the witness orally and that if the Court found that such oral examination was necessary, it could allow the same, Accordingly the Court directed the defendant to file the cross...
Ghulam Rasool Vs. Javed Rasool and anr.
Court: Jammu and Kashmir
Decided on: Sep-16-1982
Reported in: AIR1983J& K8
ORDERI.K. Kotwal, J. 1. This revision petition raises an interesting question of law i. e. whether the remedy of an application for setting aside an ex parte order granting succession certificate is avail-able to the aggrieved party. 2. The petitioner made an application for grant of succession certificate in his favour in respect of certain debts and securities belonging to his deceased wife Mst. Hajra. On this, the Additional District Judge at Srinagar, issued a notice in some local newspaper inviting objections from all those who wanted to contest this application. Javed Rasool and Javed Riaz. the two sons of the deceased Mst. Haira, who are respondents 1 and 2 herein, were made parties to the aforesaid applications. They not having appeared despite service, ex parte proceedings were taken against them. The learned Additional District Judge eventually passed an order on 25-2-1981 that the certificate prayed for be issued in favour of the petitioner. On the following day, respondent ...
Ghulam Mohammad Wani Vs. Shyam Sunder Mirza
Court: Jammu and Kashmir
Decided on: Sep-14-1982
Reported in: AIR1983J& K16
1. This appeal under the Letters Patent is directed against an order of the learned Acting Chief Justice purported to have been passed by him in exercise of his revisional jurisdiction. The proposition that no appeal under Clause 12 of the Letters Patent lies against an order passed by a single Judge of the High Court in exercise of his revisional jurisdiction, has not been disputed by Mr. Raina. His contention, however, is that the order could have been and has in reality been passed by the learned Judge in exercise of his appellate jurisdiction alone, in that, he has modified the award in exercise of his appellate powers Under Section 39 of the Arbitration Act. The order having been in reality passed by him on first appeal and which ought to have been passed by him under Section 39 alone, an appeal against it was clearly maintainable under Clause 12.2. Right of appeal is determined by what the court against whose order the appeal is filed purported to do and not by what it should hav...
Malla Qadir Vs. Malla Mahmadoo and ors.
Court: Jammu and Kashmir
Decided on: Sep-08-1982
Reported in: AIR1983J& K17
ORDERMufti Baha-Ud-Din Farooqi, Acting C.J.1. This revision is directed against an order dated 4-2-1982, passed by Munsiff Chadura whereby he has allowed the plaintiff to withdraw his suit against defendant No. 2 and passed a decree in terms of the compromiseentered into by him with defendantsNos. 1 and 3. The dispute in this suitrelates to a rice husking machine. Theplaintiff claimed to be its sole ownerand occupier. He had asked for a decree for permanent injunction against thedefendants on the allegation that theywere interfering with his possessionwithout any right or title. Along withthe suit, the plaintiff moved an application for temporary injunction. Defendant No. 2 opposed the application. Hiscase was that the rice husking machinewas the joint property of the plaintiffand defendants Nos. 1 and 2. After hearing the parties, the court, by its orderdated 30-12-1981, directed the appointment of a receiver in respect of theabove disputed property and nominatedone Maulvi Masoodi, to...
Khurshid Ahmad Khan Vs. State
Court: Jammu and Kashmir
Decided on: Sep-04-1982
Reported in: 1983CriLJ293
G.M. Mir, J.1. The appellant has been convicted for an offence under Section 5(2) Prevention of Corruption Act, 2006 (Smvt.) and also under Section 161 R.P.C. and sentenced to one year's rigorous imprisonment and a fine of Rs. 100/- on each count but it has been directed that both the sentences shall run concurrently.2. The case of the prosecution was that the accused appellant in the capacity of Food Inspector approached the complainant Gh. Mohd Quereshi P. W. resident of Mohalla Akhoon Sahib, Hawal, Srinagar, who was manufacturing orange squash etc. in the name and style of 'Queen Provision Store' and demanded a bribe of Rs. 500 from him for hushing up a previous case lodged by the appellant against the complainant and also for getting exemption from obtaining a licence from the Municipality for the said manufacturing concern of the complainant. It is further alleged that the complainant told the accused to come on Sunday i. e. on 3-8-1974 to receive the bribe amount, On 2-8-1974, ho...
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