Jammu and Kashmir Court June 1986 Judgments
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Pir Mohd. Shafi and ors. Vs. Cantonment Board and ors.
Court: Jammu and Kashmir
Decided on: Jun-27-1986
Reported in: AIR1987J& K21
ORDERM.L. Bhat, J.1. Petitioners pray that respondents 1 and 2 be directed to file the arbitration agreement arrived at between the petitioners and the authorities and respondent No. 3 be directed to file the award before this Hon'ble Court and the same be set aside. This composite type of application under Sections 20 and 33 of the Arbitration Act has a peculiar history.2. Petitioners are retired employees of the respondent No. 1 who were retired from service in 1978, 1982 and 1979 respectively. Services before the Cantonment Board, Badamibagh came under the control of respondent No. 2 in 1954. In 1954 Ministry of Defence, Govt. of India took over the control of the Cantonment Board and the service conditions of the petitioners continued to be governed by the Cantonment Fund Servants Rules framed under Section 280 of the Cantonment Act, 1924.3. In 1969 a settlement appears to have been arrived at between the representatives of the employees of the Cantonment Boards of India and other ...
Anjum Ara Vs. State of J. and K. and ors.
Court: Jammu and Kashmir
Decided on: Jun-27-1986
Reported in: AIR1988J& K69
ORDERMazhar Ali Shah, J.1. The petitioner in pursuance of Advertisement Notice No.2/MBBS/85 dated 26-6-1985 applied for being considered for admission to Medical College. Srinagar. The petitioner appeared in the pre-entrance examination and viva voce and obtained. 44.31 points both in the written and viva voce test held by the Medical College, Selection, Committee. The only claim made in this petition is based on the ground that the petitioner claims consideration of her admission in the category of 'Backward Area'. In accordance with the Notification, she submitted her Form duly filled in indicating therein in column No. 7 of the Application Form for selection to MBBS/BDS Course contains the following entry:--'7. Do you belong to any reserved category? If so name the category in block letters and attach certificate from competent authority. It is not disputed that while the said Application Form was submitted on July 22, 1985, the Certificate of belonging to 'Backward Area' or its cop...
Ghulam Hassan Dar Vs. Controller of Aerodrome and anr.
Court: Jammu and Kashmir
Decided on: Jun-27-1986
Reported in: AIR1987J& K25
ORDERM.L. Bhat, J.1. This is an application under Section 20 of the Indian Arbitration Act. The petitioner seeks to invoke Clause 26 of the agreement, which reads as under :'If any dispute, difference or question shall at any time or times hereafter arise between the Government and the Caterers or any person or persons or corporation claiming under them respectively on account of the breach of any of the covenants, conditions, or agreement herein contained or otherwise touching or in any way relating to the construction, meaning or effect of these presents or any clause or thing herein contained or the rights, duties or liabilities of the said parties respectively touching any valuation matter or thing hereinbefore provided to be determined then every such dispute, difference or question (except such matter the decision whereof is otherwise expressly hereinbefore provided for) shall be referred to the sole arbitration of the Director General of Civil Aviation, or in case his designatio...
Mohammad Ashaq Vs. Muneer HussaIn and ors.
Court: Jammu and Kashmir
Decided on: Jun-17-1986
Reported in: 1987CriLJ867
ORDERR.P. Sethi, J.1. Under the cloak of this petition the petitioner seeks the production of Shameema Akhtar, his alleged wife in the Court allegedly on the ground that she has been illegally confined by respondents 2 and 3. It has been further prayed that after her production in the Court she be set at liberty.2. The petitioner has alleged that his marriage with Shameema Akhtar was soleminsed on 28th Dec, 1985 for a cpnsideration of Rs. 4,000/- as dower according to Muslim Personal Law and the Custom prevalent in the area. The rest of the formal ceremonies of the marriage, that is, bringing of bride to the house of the petitioner was fixed to be done on 10th May, 1986. Towards the end of January, 1986 the respondents connived with the parents of Shameema Akhtar and for huge consideration illegally and without her consent removed and confined her. The petitioner initiated proceedings in the Court of Chief Judicial Magistrate, Rajouri where Shameema was produced on 10th Feb., 1986. Sha...
Ahmad Ullah Kundji Vs. Mst. Humaria
Court: Jammu and Kashmir
Decided on: Jun-04-1986
Reported in: 1987CriLJ681
ORDERM.L. Bhat, J.1. Trial Court of Judicial Magistrate, City Munsiff, Srinagar has granted maintenance to the respondent from the petitioner under the provisions of Section 488, Cr.P.C. at the rate of Rs. 200/- per month from the date of passing of the order i.e. from 23-4-1983. The petitioner filed a revision petition before the Additional Sessions Judge, Srinagaragainst the order of the trial Magistrate and the Additional Sessions Judge, Srinagar has made a reference to this Court with the recommendation that the respondent was not the daughter of the petitioner and as such she was not entitled to be maintained by the petitioner herein and the order is recommended to be quashed.2. learned Counsel for the parties argued this case for a considerable time. A preliminary objection was raised by Mr. Z. A. Shah appearing for the respondent to the effect that the findings of fact cannot be interfered with by this Court in revision. Mr. Qayoom has submitted these findings of fact are perver...
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