Jammu and Kashmir Court April 1985 Judgments
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Shanti Lal Vs. Mohan Lal
Court: Jammu and Kashmir
Decided on: Apr-26-1985
Reported in: AIR1986J& K61
K.K. Gupta, J. 1. Shanti Lal, appellant-plaintiff filed suit in the Court of Sub Judge, Udhampur, for the recovery of arrears of rent amounting to Rs. 1610/- against the respondent-defendant in regard to a shop situate in Main Bazar, Udhampur, leased out to him by his mother Smt. Lakshmi Devi (died in 1977) on a monthly rental of Rs. 70/- in the year 1971. The respondent-defendant, in his written statement claimed himself to be the owner of the shop as, according to him, Smt. Lakshmi Devi during her lifetime, made will bequeathing the shop in his favour. 2. The trial Court framed the following issues in the case : -- 1) Whether the mother of the plaintiff was the sole owner of the suit shop and whether she gave it to defendant by an oral will? O. P. D. 2) Whether the plaintiff got the suit shop inhis share and whether the plaintiff gave the suitshop to Smt. Lakshmi Devi in lieu of hermaintenance? O. P. P. 3) Whether the plaintiff is the owner of the suit shop after the death of his...
Mohd. Shafi Dar Vs. Rasool Dar and ors.
Court: Jammu and Kashmir
Decided on: Apr-18-1985
Reported in: 1985CriLJ1962
ORDERM.L. Bhat, J.1. Learned Sessions Judge Pulwama has made a reference in Criminal Revision No. 22/1982 pending before him for quashing of order passed by the District Magistrate Pulwama in proceedings under Section 145 Cr. P.C. It appears that the petitioner had filed an application under Section 145 Cr. P.C. before District Magistrate .Pulwama for initiation of proceedings under the said section against the respondents. On 15-10-1982 the application was decided by the District Magistrate holding that the respondents were in possession and the petitioner should be restrained from interfering in their possession. This order was assailed before the Sessions Judge by the petitioner.2. From the perusal of this order it appears that on 13-10-1982 when the District Magistrate Pulwama was seized of the matter, he had gone on spot and had recorded the statement of eleven- witnesses. These eleven witnesses appear to have been produced by the non-applicants, respondents before him. From the r...
Mst. Phungan Vs. Chhajju Ram
Court: Jammu and Kashmir
Decided on: Apr-16-1985
Reported in: AIR1986J& K78
K.K. Gupta, J.1. Chhajju Ram, plaintiff-respondent, Mst. Phungan and Shiv Devi d/o Phungan Devi, defendants-appellants, entered into an agreement in writing on Feb. 12, 1969, by virtue of which they agreed to sell land measuring 75 kanals 12 marlas comprised in Khewat No. 1, situate in village Deval, tehsil Samba for a consideration of Rs. 5,000/- out of which they received an amount of Rs. 3,000/- as advance as part of the sale consideration. The plaintiff filed suit for the specific performance of the contract alleging therein that on Aug. 12, 1969, he tendered the remaining amount of Rs. 2,000/- to defendants and demanded execution of transfer deed but the defendants refused to do so.2. The defendants took a plea that Shiv Devi, defendant No. 2 was minor at the time of execution of the agreement and was incapable of entering into any valid agreement. The trial Court after framing preliminary issue to this effect came to the conclusion that Shiv Devi defendant was minor at the time o...
Sukhdev Raj and ors. Vs. Harbans Lal and ors.
Court: Jammu and Kashmir
Decided on: Apr-06-1985
Reported in: AIR1985J& K64
Bhat, J. 1. A reference has been made in these three C.M.Ps. by a learned single Judge of this Court on 4-2-1982. The questions for decision formulated in the reference are as under :-- 1. What is the ambit and scope of the words 'the arrears of rent' used in Sub-section (4) of Section 12 and, in particular, whether these words include : -- a. the arrears which are barred by limitation on the date of the filing of the suit; b. the arrears which are barred by limitation on the date of the filing of the applicationu/s. 12; c. arrears for which a separate suit has been filed; d. arrears for which relief has been claimed in the suit for ejectment itself; e. arrears which accrue during the pendency of the suit for ejectment? 2. What is the ambit and scope of the power conferred on the appellate Court under sub-sec. (5) of Section 12, and, in particular : --a. whether it is discretionary with the Court of appeal to order or not to order the recovery of arrears? b. whether the Court of appeal...
Piaray Lal Karihaloo Vs. Ghulam Mohamad Bhat and anr.
Court: Jammu and Kashmir
Decided on: Apr-05-1985
Reported in: AIR1986J& K32
ORDERA.S. Anand, Ag. C.J. 1. The petitioner was one of the candidates contesting the election to the Jammu and Kashmir Legislative Assembly from 18, Habba Kadal constituency, Srinagar, in the elections held in 1983. He contested the election as the Congress (I) candidate. Respondent No. 1 who contested the election as the National Conference candidate, was the successful candidate. The petitioner has filed this election petition calling in question the election of respondent No. 1 on various grounds detailed in the petition. Primarily, the challenge by the petitioner being that respondent No. 1, his agents, workers, and supporters with his consent had committed various corrupt practices which rendered his election invalid. At this stage, it is not necessary to detail the various corrupt practices alleged in the petition and suffice it to say that the challenge to the election of respondent No. 1 is based on commission of corrupt practices. In the written statement filed by respondent N...
Smt. Parkasho Devi and ors. Vs. Assessing Authority
Court: Jammu and Kashmir
Decided on: Apr-01-1985
Reported in: AIR1986J& K42
Bhat, J.1. A common question of law is involved in these three writ petitions, therefore, all these three petitions are being decided by this common judgment.2. When these petitions came up before a Division Bench of this Court for hearing on 15-11-1979, the Division Bench was of the opinion that the question involved in the writ petitions was of a considerable importance and a decision on it would be of far reaching implications, therefore, for an authoritative pronouncement the matter was referred to the Full Bench for consideration.3. In these writ petitions the Jammu and Kashmir Urban Immovable Property Tax Act, 1962, hereinafter to be referred to as the Act, is prayed to be declared ultra vires of the Constitution. Challege in the writ petitions in this behalf is made in respect of Section 3(1) of the Act. which is the charging section. It is submitted that Section 3(1) of the Act is ultra vires of the Article 14 of the Constitution as it gives uncanalised, unlimited and arbitrary...
Sansar Chand and anr. Vs. Settlement Officer and ors.
Court: Jammu and Kashmir
Decided on: Apr-01-1985
Reported in: AIR1986J& K66
Bhat, J. 1. The point for consideration in this reference is as to whether under the provisions of the J. & K. Consolidation of Holdings Act, 1962, hereinafter to be referred to as 'the Act', all suits could be disposed of by the Authority under the said Act, once it was transferred to that Authority under section 5 of the Act irrespective of the nature of the dispute or disputes raised in the suit.2. Under the provisions of the Act in terms of Section 5, all suits for declaration of rights and interests over land, both proprietary and tenancy, etc., etc., were required to be transferred to the Consolidation Authority for disposal under and in accordance with the provisions of the Act and the Rules made thereunder. For the sake of facility Section 5(b) is reproduced hereunder : -'(b) all proceedings for correction of records and all suits for declaration of right and interest over land, both proprietary and tenancy, or for possession of land, or for partition, pending before any author...
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