Jammu and Kashmir Court July 1985 Judgments
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Dev Anand Singh Vs. Union of India and ors.
Court: Jammu and Kashmir
Decided on: Jul-31-1985
Reported in: 1987CriLJ8
ORDERMazhar Ali Shah, J.1. The present Habeas Corpus Writ Petition was registered on a Jail Petition filed by the petitioner Dev Anand Singh, subsequent to which a detailed petition has been filed under Article 226 of the Constitution of India read with Section 103 of the Constitution of Jammu and Kashmir praying for the quashing of the sentence imposed on the petitioner by the General Court Martial sentencing the petitioner for a period of eight years' Rigorous Imprisonment and also dismissing him from the service pursuant to the said conviction. The petitioner admittedly joined the Indian Army as Sepoy/GD on July 31, 1976 and after completing the requisite training in March 1977 was attached to 12 J & K Rifles. The petitioner proceeded on leave from 2-2-1979, he was taken into custody by B.S.F. personnel on March 16, 1979 and was interrogated upon, thereafter freed from them. On completion of his annual leave, when the petitioner joined his Unit of April 3, 1979 was sent for by the O...
Ghulam Mohd. Khan Vs. Ghulam Rasool Bhat and ors.
Court: Jammu and Kashmir
Decided on: Jul-30-1985
Reported in: AIR1986J& K17
ORDERS.M. Rizvi, J. 1. This Civil Revision is directed against the order of the learned Sub-Judge, Anantnag dated 15-6-1985 rejecting an application of the objector in the execution proceedings. 2. Before admission of this Revision a notice was given to the respondents. They have appeared through their counsel. Now it is to be seen as to whether this Revision should be admitted to hearing or not. 3. The facts giving rise to this revision may be briefly stated as under :-- 4. The father of respondents 1 to 10 filed a suit for ejectment from the shop in question against the respondent No. 12 as far back as on 12-11-1975 in the Court of Sub-Judge, Anantnag. The suit was decreed in favour of the plaintiff. An appeal was preferred against the said judgment and decree but the learned District Judge, Anantnag dismissed the same. The second appeal was taken in the matter which was dismissed by the High Court in 1985. The decree-holder filed an execution application for the possession of the su...
Ghulam Hassan Vs. State of J. and K. and ors.
Court: Jammu and Kashmir
Decided on: Jul-25-1985
Reported in: 1986CriLJ70
ORDERK.K. Gupta, J.1. The petitioner has filed this petition for quashing order No. 32-GR of 1982 dt. 12-10-1982 and also the enquiry held by respondent 2 which was concluded vide order dt. 1-8-1980.2. It is averred by the petitioner that in the year 1973, he was posted as Division Officer, Police Division, Nageen (Hazratbal), Ghulam Hassan Sultan, lodged a complaint against him before the then Chairman, Anti-Corruption Commission, Srinagar, alleging therein that the said respondent had obtained an order in terms of Section 202, Cr. P.C. directing the petitioner to hold enquiry under law but he demanded Rs. 900/- for doing the job. This respondent further alleged that he paid the said amount in two instalments of Rs. 400/-and Rs. 500/- to the petitioner but despite taking the said bribe, the petitioner did not conduct the enquiry.3. The petitioner has further contended that on the basis of the complaint, preliminary investigation against him was conducted by the Dy.S.P. Anti-Corruption...
State of Jammu and Kashmir Vs. Mst. Fazal Bibi
Court: Jammu and Kashmir
Decided on: Jul-18-1985
Reported in: AIR1986J& K27
ORDERK.K. Gupta, J. 1. Mst. Fazal Bibi, respondent-plaintiff filed suit in the Court of City Judge, Srinagar for ejectment of the appellant-defendant from a house situate at Batmaloo Dhobi Mohalla, Srinagar leased out for running a Girls Primary School and also claimed Rs. 980/- as arrears of rent. The rent fixed was Rs. 30/- per month but later on, on the representation made by the plaintiff it was raised to Rs. 49/- per month with effect from 17-5-1969 but the plaintiff wanted enhanced rent of Rs. 150/- per month and she made the same as basis for ejectment. The defendant-State contested the suit on various counts and according to it, the amount of rent was to be fixed after getting the assessment made by the P.W.D. authorities and also the rent could not be increased because the plaintiff had forcibly occupied one room and one verandah of the premises.2. On the pleadings of the parties, the trial Court raised the following issues :1. Whether in the absence of a notice Under Section ...
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