Jammu and Kashmir Court July 1986 Judgments
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Krishna Devi Vs. Krishan Lal and anr.
Court: Jammu and Kashmir
Decided on: Jul-18-1986
Reported in: AIR1988J& K25
ORDERK.K. Gupta, J. 1. Krishan Lal and Vaishno Devi, respondents herein filed a suit in the Court of Sub-Judge, Udhampur for mandatory injunction directing Smt. Krishana Devi and others, petitioners herein to remove the obstruction of a passage closed by them by raising a wall. This suit of the respondents herein was decreed on 19-12-84 and the appeal filed subsequently by the petitioners before the District Judge, Udhampur was withdrawn by them on May 29, 1985. Later on the respondents filed two applications beforethe Sub-Judge Udhampur under Sections 151 and 152, C.P. C. for rectifying the mistake occurring in the judgment and for amendment of the decree-sheet on the grounds that the decree passed by the Trial Court was not executable as by error the Court failed to mention the measurement of the passage, the obstruction of which was required to be removed. After obtaining objections from the other side the learned Sub-Judge accepted the prayer of the respondents and directed for ins...
Smt. Kamla Devi Vs. Balbir Singh
Court: Jammu and Kashmir
Decided on: Jul-14-1986
Reported in: AIR1987J& K63
Sethi, J.1. A matrimonial dispute between the parties to this litigation legallystarted in the year 1970 when the husband-respondent filed a petition under Sections 10 and 13 of the Hindu Marriage Act for getting a decree of divorce or in the alternative a decree for judicial separation on the alleged ground of cruelty of the wife appellant.2. The facts leading to the filing of the present appeal are that the parties were married on 16-2-1964, a female child was born to the parties in the year 1965 who died after 6/7 months, second female child was born in November, 1970 who is alive and was living with the wife-appellant. The husband alleged that the treatment of his wife towards him had been very disrespectful and abusive. The behaviour of the wife towards the husband had been extremely bad who had always ill-treated him. The wife had been treating the husband with such cruelty that he had reasonable apprehension in his mind that it would be harmful and injurious for him to live with...
Dwarika Nath and ors. Vs. Sham Lal Gilla
Court: Jammu and Kashmir
Decided on: Jul-10-1986
Reported in: AIR1987J& K61
ORDERA.S. Anand, C.J.1. The plaintiff-petitioners filed a suit for the recovery of an amount of Rs. 432/- in the Court of learned Judge, Small Causes Court. The amount was claimed as arrears of rent due to the plaintiff-petitioners in respect of the property which they claim to have inherited from Kanshi Nath Chowdhry. The suit was resisted. The learned Judge, Small Causes Court, Srinagar, found that the case of the petitioners was covered by Section 4 of the Succession Certificate Act, 1977 Bikrimi, and since the Succession Certificate had not been produced by the petitioner-plaintiffs, the suit was not maintainable. He accordingly dismissed the suit without going into the merits of the case. This revision petition is directed against the judgment and decree of the learned Judge, Small Causes Court, Srinagar, dismissing the suit filed by the plaintiffs-petitioners.2. Mr. Chowdhry, learned counsel for the petitioners, submits that in the first place no succession certificate, as envisa...
Firm, Ahmad Ali Khatai Vs. Sheikh Gh. Qadir
Court: Jammu and Kashmir
Decided on: Jul-10-1986
Reported in: 1988CriLJ519
ORDERG.A. Kuchhai, J.1. This petition under Section 561-A, Cr.P.C. has been presented by the accused/petitioners to quash proceedings under Section 406/420, RPC pending before Chief Judicial Magistrate Srinagar against the petitioners at the instance of respondent/ complainant.2. The complaint before the Chief Judicial Magistrate, Srinagar against the petitioners has been filed by the respondent with the allegation that the petitioners carry on business under the name and style of KHATAI SONS, South India, Cochin having their sub-branch at Doulatabad, Now pora, Srinagar. That the respondent used to supply embroidered Numdas to the petitioners on order and an amount Rs. 24,651.85 remained in arrears with the petitioners. It is further alleged that in August, 1981, the petitioners approached the respondent-complainant to supply more goods in the shape of Numdas which the respondent-complainant, in the first instance, declined to supply for non-payment of earlier amount kept in arrears, b...
Jai Gopal Vs. State
Court: Jammu and Kashmir
Decided on: Jul-09-1986
Reported in: 1988CriLJ1397
ORDERR.P. Sethi, J.1. The petitioner, a young man of 20 years at the time of occurrence was found under the bed of Mst. Chint Purrti and Raj Rani at mid-night of 1st. of July, 1970 in the house of complainant situated in the town of Katra. The accused was charged, convicted and sentenced to one year's rigorous imprisonment and a fine of Rs. 300/- in proof of the offence punishable under Section 457, R.P.C.2. Raghunath Dass complainant alleged that on 1-7-1970 while he, his son and one daughter were sleeping in the compound of his house and his wife alongwith his unmarried daughter Raj Rani were sleeping inside the room, he heard some noise whereafter his wife cried that some thief had entered in her room. The complainant went into the room, switched on the light and found the petitioner concealing himself under the bed of complainant's wife. Raghunath Dass bolted the room from outside when the petitioner, the wife of the complainant and his daughter Raj Rani remained in the room. FIR E...
Prithvi Raj Kohli Vs. Union of India (Uoi)
Court: Jammu and Kashmir
Decided on: Jul-03-1986
Reported in: AIR1988J& K17
K.K. Gupta, J.1. Sh. Prithvi Raj Kohli filed two separate petitions in the Court of Sub-Registrar, Munsiff, Jammu under Section 7(B) of the Telegraph Act for referring the dispute to an arbitrator for having received inflated bills in regard to telephone connection No. 8502 sanctioned in his favour and installed at his residence located at Gandhinagar, Jammu. The learned Sub-Registrar, Munsiff Jammu held the petitions not maintainable and accordingly dismissed the same. Aggrieved by this order the petitioner has filed separate revision petitions which are being disposed of by this common order as the matter involved in both the petitions is the same.2. I have heard the learned counsel for the parties.3. In the Telegraph Act, 1885, there is a provision contained in Section 7(B) regarding arbitration of disputes. This section reads as under : --'(1) Except as otherwise expressly provided in this Act, if any dispute concerning any telephone line, appliance or apparatus arises between Tele...
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