Jammu and Kashmir Court May 1983 Judgments
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Ghulam Hassan Vs. Mst. Saja
Court: Jammu and Kashmir
Decided on: May-25-1983
Reported in: AIR1984J& K26
Mufti Baha-Ud-Din Farooqi, C.J.1. This is a second appeal arising out of a suit for joint possession. The dispute in the suit related to landed property left by one Qadir Lone. The plaintiff's case was that she being a Khananishin daughter of Qadir Lone was entitled to share the disputed land equally with her brother Ghulam Hassan, and, alternatively, she was entitled to succeed to 1/3rd share as a daughter simpliciter under the Mohammadan Law. The defendant resisted the suit on the plea that the plaintiff was not a Khananishin daughter and that there was a custom governing the partition under which the plaintiff could succeed to the property of her father only if she was a Khananishin daughter and not otherwise. The lower Courts concurrently held that the plaintiff is not a Khananishin daughter. They have further held that the defendants have not been able to establish the custom pleaded by them that a daughter can inherit only as a Khananishin daughter or not at all. They have also h...
Prithvi Nath Jalali Vs. Abdul Ahad Sodagar and ors.
Court: Jammu and Kashmir
Decided on: May-18-1983
Reported in: AIR1984J& K32
ORDERMufti Baha-Ud-Din Farooqi, C.J.1. This revision is directed against an order of the Courts below dismissing the plaintiffs application under Order 9, Rule 13, C. P. C. In the trial Court, the issues were framed on 11-8-1977 in presence of the parties and their counsel and the plaintiff was asked to lead his evidence and produce the same on 15-9-1977. The plaintiff remained absent on, that date and did not also produce any evidence. The case was adjourned to 17-9-1977 for the appearance of the plaintiff and the production of the evidence by him. The plaintiff, however, again remained absent and failed to produce the evidence. The trial Court passed an order dismissing the suit as not proved. The plaintiff moved an application for restoration of the suit under Order 9, Rule 13. The trial Court dissmissed the application holding that the same was not maintainable as the order was one under Order 17, Rule 3. The plaintiff preferred an appeal which came to be heard by the Addl. Dist. J...
Bansi Lal Dogra and Etc. Vs. Lt. Col. C.S. Jamwal and Etc.
Court: Jammu and Kashmir
Decided on: May-05-1983
Reported in: AIR1984J& K44
ORDERI.K. Kotwal, J.1. This judgment will dispose of Civil Revision Petitions Nos. 94, 105 and 167 of 1981 and 12 of 1982, wherein two common questions of law, one, whether the transferee court is a validly constituted courts and two, whether Honorable the Chief Justice could have transferred to it the case pending before a Civil Court of competent jurisdiction by exercising the administrative powers of the High Court, have arisen for determination. Both these questions have been answered by the transfereecourts against the petitioners, hence these revision petitions.2. In Civil Revision Petition No. 94, a civil suit was pending in the court of Sub-Registrar (Munsiff) Jammu. On its redesignation as the court of First Additional Munsiff (F. M.) Jammu, the suit was transferred to the court of Forest Magistrate, Jammu. Similarly, in Civil Revision No, 105, a civil suit was pending in the Court of Sub-Judge (C J M), Jammu. On its redesignation as the Court of First Additional Subordinate J...
R.B. Jodhamal Bishen Lal and ors. Vs. the State of Jammu and Kashmir a ...
Court: Jammu and Kashmir
Decided on: May-05-1983
Reported in: AIR1984J& K10
ORDERI.K. Kotwal, J. 1. By means of this writ petition, the petitioners seek to challenge two Govt. Orders viz.: Govt. Order No. FST/15 of 1982 dated 29-1-1982 and Govt. Order no. FST/22 of 1982 dated 6-3-1982. These orders read as below: 'Government Order No. : FST/15 of 1982dated 29th Jan., 1982In supersession of all previous orders relating to grant of extension(s) to the forest leases, it is hereby ordered that henceforth no such extension whatsoever will be granted and powers already delegated in this behalf at various levels may be deemed to have been withdrawn. In special cases, however, where extension is justified by natural calamities, the cases should be submitted by the Chief Conservator of Forests through the Minister In charge Forests to the Cabinet for orders in individual cases. By order of the Govt. of Jammu and Kashmir. (Sd.) J.P. Kesar,Secretary to Government,.. Forest Department.''Govt. Order No. : 22-FST of 1983dated 6th March, 1982In supersession of all previous ...
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