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Jammu and Kashmir Court August 1985 Judgments

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Aug 25 1985

Mst. Najma Naquishband Vs. Chief Secretary and ors.

Court: Jammu and Kashmir

Decided on: Aug-25-1985

Reported in: AIR1986J& K63

M.L. Bhat, J. 1. This appeal is directed against the judgment of Additional District Judge, Srinagar, dt. 16-11-1974. An application for setting aside ex parte decree was dismissed by the trial Judge and this appeal is against the said order. It appears that one Dinaara Naquishband was deputed by the Govt. of Jammu and Kashmir to study in the Women's Christian Medical College, Ludhiana, in the year 1941. She had to study the course of Sub-Assistant Surgeon, and for this purpose she had executed a contract agreement with the State Government. She was paid some money by way of stipend, hostel fee, dearness allowance etc. etc. The total fee paid to her was Rs. 7,407-7-00. Since she has not complied with the terms of the agreement, therefore the suit was brought against her for the recovery of the said amount. She had migrated to Pakistan after partition and she was set ex parte. One Ghulam Nabi Naquishbandi was her surety who had bound himself to refund the amount. Dinaara Naquishband was...


Aug 14 1985

Dilshada Masood Vs. Gh. Mustaffa

Court: Jammu and Kashmir

Decided on: Aug-14-1985

Reported in: AIR1986J& K80

Rizvi, J.1. This Criminal Reference has been made by the learned Sessions Judge, Srinagar, under Section 438, Criminal Procedure Code for quashing the order of the learned First Additional Munsiff, Judicial Magistrate, 1st Class, Srinagar, dated 31st March 1979, holding the divorce between the parties as valid under Shia Law.2. This reference was pending disposal before the learned single Judge and his Lordship has referred it to the larger bench for an authoritative pronouncement on the following questions. -i. Whether under Shia law it was necessary for a valid divorce that the same should be in Arabic? ii. If it is necessary that it would be pronounced in presence of Imam and 'two Aadil' witnesses? and iii. What was the meaning of 'Aadil' in Shia Law : The facts giving rise to this reference are briefly stated as under.- Dilshada Masood, petitioner herein was married to respondent Ghulam Mustaffa. She was allegdely deserted by her husband. She filed an application under Section 488...


Aug 13 1985

Ali Mohd. Khan Vs. Vijay Tulsi

Court: Jammu and Kashmir

Decided on: Aug-13-1985

Reported in: AIR1986J& K26

Anand, C.J.1. The plaintiff respondent filed a suit against Mohd Sadiq Khan. During the pendency of the suit, the plaintiff-respondent filed an application for bringing the proper defendants on record. The application proceeded on the grounds that Mohd Sadiq Khan defendant against whom the suit had been initially filed had died about 5 years before the institution of the suit, and, therefore, to proceed with the suit, his legal representatives were required to be brought on record. The application was, therefore, for substitution of the defendants. Vide order dated 21st of November, 1977, the learned trial Court despite resistence from the petitioner herein permitted the respondent to amend the plaint and bring on record the legal representatives of Mohd. Sadiq Khan, who had on the date of filing of the suit already died and to proceed with the suit. The order of the trial Court has been impugned in this revision petition.2. On October, 16, 1979, a learned single Judge of this Court (M...


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