Jammu and Kashmir Court May 1985 Judgments
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Tilak Chand JaIn Vs. Darshan Lal JaIn and anr.
Court: Jammu and Kashmir
Decided on: May-31-1985
Reported in: AIR1985J& K50
Bhat, J. 1. In a suit pertaining to partnership concern known as Messrs Kingsway, Vir Marg, Jammu a learned single Judge of this Court (Kotwal J.) has passed an order on 30-5-1983 in an application for appointment of a Receiver moved by the plaintiff. The learned single Judge has directed the defendants respondents herein to furnish security in the amount of Rs. l,50,000/- to the effect that in case the plaintiff succeeds in the suit the surety shall be liable to pay to him any amount up to the maximum amount of Rs. 1,50,000/- failing which the deputy registrar was directed to attach the goods lying in the shop and other godowns of the firm to the extent of Rs. 1,50,000/- and after putting the goods on sale, the sale proceeds were ordered to be deposited in some Bank in the name of the Dy. Registrar, High Court. The amount was to be distributed in accordance with the decree that would eventually be passed finally in the suit. 2. This aforesaid direction proceeded on the assumption that...
Mohd. Ismail and anr. Vs. Noor-ud-dIn and ors.
Court: Jammu and Kashmir
Decided on: May-30-1985
Reported in: AIR1986J& K14
M.L. Bhat, J.1. Respondent No. 1 had filed a suit for declaration and possession in respect of a house situate at Samboora, Tehsil Pulwama on the ground that he and respondent No. 2 were reversioners of one Ghani Shah, owner of the house, who was their father's brother, and were entitled to inherit the house and seek its possession after his death. The said house is said to have been purchased by appellants from respondent No. 3 who claims himself to be the adopted son of Ghani Shah deceased. On this ground the sale deed dated 17-4-1973 is said to be void and ineffective as against the interests of respondents 1 and 2.2. The suit was decreed by the trial Court of Munsiff Pulwama. The trial Court had also held that respondent No. 3 could not inheriton the basis of the alleged will also. On appeal the findings of the trial court were confirmed by the District Judge Anantnag. Hence this second appeal.3. Appellants have urged that respondent No. 3 was adopted son of Ghani Shah and in the a...
Ghulam Rasool Bhat Vs. Gh. Mohd. Puchoo
Court: Jammu and Kashmir
Decided on: May-23-1985
Reported in: AIR1985J& K82
ORDERSyed Mustafa Rizvi, J. 1. This Civil Revision is directed against the order of the learned Sub Judge Baramulla dated 19-6-1984, transferring defendant No. 2 in the suit as the plaintiff and the original plaintiff as defendant No. 2, and has arisen in the following circumstances of the case. 2. The plaintiff instituted a suit for accounts against the defendants on the averments that the parties had purchased a piece of land jointly and installed a brick kiln and a bandsaw over it, in accordance w ith the terms of the partnership deed. According to him the defendants were responsible to run the business and maintain accounts thereof. He alleged that the defendants have not given any cash to the plaintiff from the earnings of the business nor deposited any amount in the Bank. He further alleged that the defendant No. 1 was taking undue advantage of his close relationship with him by misappropriating the ever increasing income of the business and avoiding to show accounts thereof to h...
Wahab Kumar and anr. Vs. Fateh Kumar and ors.
Court: Jammu and Kashmir
Decided on: May-22-1985
Reported in: AIR1986J& K94
M.L. Bhat, J.1. This second appeal is directed against the judgment and decree of the District Judge, Baramulla D/- 19-9-1980 whereby he has affirmed the judgment and decree passed by Sub-Judge, Baramulla D/- 30-9-1975. Both the courts below have dismissed the suit filed by the plaintiffs-appellants.2. The facts giving rise to this appeal briefly stated are : One Subhan Kumar had died issueless on 23-9-1971 and a will purported to have been written by him in favour of the respondents was questioned as being forged and ineffective. The will was declared forged and inoperative as it was executed after the death of Subhan Kumar. This was found by the courts below as a matter of fact and in this regard a concurrent finding was recorded by the courts below.Therefore under the will which was declared void, the defendants could not get the property of Subhan Kumar who was their reversioner. The defendants, in the alternative had claimed the property of Subhan Kumar as nearest agnates and had ...
Ved Lal and ors. Vs. Miraj-ud-dIn and ors.
Court: Jammu and Kashmir
Decided on: May-21-1985
Reported in: 1(1986)ACC425
M.L. Bhat, J.1. A claim petition under the provisions of Motor Vehicles Act came to be filed before respondent No. 7 in respect of death of one Desha Pandita daughter of petitioner No. 1 caused by the rash and negligent driving of a bus driven by respondent No. 1. The said application came to be dismissed by respondent No. 7 in default of the petitioner on 10.4.1976.2. Two applications for its restoration came to be filed, one in Urdu and the other in English on 9.7.1976 and 29.7.1976 respectively. In one application it was stated that the applicant had gone to Delhi in connection with the treatment of his eyes, therefore, he could not attend the court of respondent No. 7 and in the second application it was stated that if the restoration application is not allowed, the application be treated as a fresh application under the provisions of Motor Vehicles Act for bringing a claim for compensation. Condonation of delay was also sought on the ground of petitioner No. 1's absence from the S...
Lal Chand Roshan Lal Vs. Ghulam Mohd. Nazir Ahmed
Court: Jammu and Kashmir
Decided on: May-09-1985
Reported in: AIR1986J& K53
ORDERK.K. Gupta, J.1. The petitioner-firm deals in the supply of Hans brand sarson oil. It is alleged that the petitioner-firm supplied the said sarson oil to the respondents in accordance with the orders placed by the respondents. A dispute arose between the parties in regard to the payment allegedly to be made by the respondents to the petitioners and as such in terms of Clause 10 of the supply orders, the matter in dispute was referred to the arbitration of Shri I. D. Grover, advocate, who entered upon the reference and made ex parte award on 16-6-1980.2. The petitioner-firm filed application before this Court for directing the arbitrator to file the award made by him in this Court and to pass decree in accordance with the same.3. On receipt of notice from this Court, Ghuiam Moh'd respondent filed objections to the award and also made application under Section 33 of the Arbitration Act for setting aside the award. It is averred by him in the said application that the firm M/s. Ghuia...
Gulam Nabi Zarkob Vs. Gulam Rasool and ors.
Court: Jammu and Kashmir
Decided on: May-09-1985
Reported in: AIR1986J& K8
M.L. Bhat, J. 1. This is a civil second appeal. As required under Section 100 of the Amended C.P.C., the following question of substantial importance was formulated by this Court for determination on 26-12-1984 when the appeal was admitted : --'Where the lease provides for a definite period of tenancy with the stipulation that on expiry of this period, the lessee even without the consent of lessor, will have the option to continue in possession of leasehold on payment of enhanced rate of rent, and the lessee in fact, continues in possession of the leased property after the expiry of this period whether such a lease is governed by Section 111 Clause (a) of the T.P. Act.'2. Two Courts below have decreed the suit against the appellant herein and have passed a decree for ejectment against the appellant, who challenges the said decree in this second appeal on the basis of the substantial question formulated and reproduced hereinabove.3. The brief facts of the case for determination of this ...
Haji Habib Ullah Shah and ors. Vs. S.H.O. and ors.
Court: Jammu and Kashmir
Decided on: May-09-1985
Reported in: 1985CriLJ1548
ORDERM.L. Bhat, J.1. This is a private dispute as regards possession of a building known as 'New Pine View Hotel' at Pahalgam which is the subject matter of proceedings under Section 145 Cr. P. C. in the court of Chief Judicial Magistrate, Anantnag. Respondent No. 1 has initiated the proceedings because there was imminent danger of breach of peace in his opinion and respondent No. 2 has passed a preliminary order and attachment order in the proceedings under Section 145 Cr. P, C. The State is not at all interested in the matter. Therefore, for proper appreciation of this petition, it is necessary to place the parties in four groups; 1st group consisting of petitioners 2 to 7, second group consisting of petitioners 1, 8, 9 and 10 the third group consisting of respondents 4, 5, 6 and 7 and the fourth group consisting of respondents 1, 2 and 3. This petition is under Section 561-A Cr. P. C. for quashing the preliminary order as also the order of attachment passed by the Chief Judicial Mag...
Prem Singh and Etc. Vs. State
Court: Jammu and Kashmir
Decided on: May-08-1985
Reported in: 1986CriLJ251
A.S. Anand, Actg., C. J.1. This judgment will govern Criminal Revision Nos. '20. 23 and 32 of 1985.2. The petitioners in the aforesaid Criminal Revision Petitions seek reconsideration of the judgments of this Court in Duni Chand v. Smt. Nirmala Devi, 1983 Srinagar LJ 347 delivered by Shri V. Khalid, Chief Justice, as his Lordship then was, and of State v. Shafiq Ahmed, 1984 Srinagar LJ 273 : 1985 Cri LJ 628 delivered by me. That is why the petitions have been put up before this Bench.3. In Duni Chand's case (supra) Shri V. Khalid C. J. referred to Section 30 of the Criminal Procedure Code as amended and opined that an offence under Section 494, R.P.C. for which sentence provided is 7 years could be tried by the Chief Judicial Magistrate irrespective of the fact that in the schedule to the Code an offence under Section 494 R.P.C. is exclusively triable by a Court of Session.4. In State v. Shafiq Ahmed 1985 Cri LJ 628 (J & K) (supra) after referring to Sections 30 and 34 of the Code read...
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