Jammu and Kashmir Court August 1986 Judgments
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State of Jammu and Kashmir Vs. Ram Kali
Court: Jammu and Kashmir
Decided on: Aug-25-1986
Reported in: AIR1987J& K71
Shah, J. 1. On a suit filed by late Tota Ram, husband of the present respondent for the recovery of the amount, an amount of Rs. 18,572/- was paid to the plaintiff late Tota Ram by means of a preliminary decree passed by the Court below, which was ultimately set aside on appeal by the High Court. In consequence whereof the respondent was bound for restitution and to repay the amount paid under a decree, which was later set aside by the High Court. The appellant, who was the defendant in the said suit filed an application before the trial Court (District Judge), Jammu on Dec. 17, 1971 for restitution under Section 144 of the Code of Civil Procedure claiming the repayment of the amount of Rs. 18,572.20 paise paid to the husband of the respondent late Tota Ram under the preliminary decree, which stood set aside. The application was contested inter alia on the ground that no such relief can be granted at this stage, as the respondent has filed a suit for recovery of Rs. 23,785.42 paise aga...
Union Bank of India Vs. Bharat Bhushan and ors.
Court: Jammu and Kashmir
Decided on: Aug-21-1986
Reported in: AIR1987J& K74
ORDERA.S. Anand, C.J. 1. The interpretation of Section 6 of the Court-fees Act, 1977, Bikrimi, and whether the Rules framed under Section 27 of the Court-fees Act Samvat 1977 are directory or mandatory in nature and also whether Rules 1 and 3 of the said Rules are valid or not are the meaningful questions which require determination in this revision petition.2. The facts are simple and not in dispute. A suit for recovery of Rs. 16450.81 was filed by the petitioner-plaintiff in the Court of Additional District Judge, Jammu. Court-fee stamps valued at Rs. 1256.50/- were affixed on the plaint. The suit was resisted on a number of pleas including the one that 'proper' Court fee 'stamps' had not been affixed on the plaint and therefore the plaint could not be filed, exhibited or recorded in the Court, Issue No 1, which is relevant for the purposes of decision of this revision petition was raised and it reads : --'Whether the proper Court-fee stamps have not been affixed and, therefore, the ...
Gurdas Ram and Co. and ors., Etc. Vs. Union of India (Uoi) and ors.
Court: Jammu and Kashmir
Decided on: Aug-07-1986
Reported in: AIR1988J& K42
ORDERK.K. Gupta, J. 1. Both the above referred petitions involved same point of law and the facts are also identical and as such I propose to dispose of the same by this common judgment. 2. Petitioners have challenged in these petitions order communicated to them by the Deputy Director Military Farms under Letter No. 40131/ MF (DB) Tribunal dated 16-11-1984 rejecting their claims in both the cases for revision of rates in respect of their contracts in regard to supply of buffalo milk to military farms, being illegal, arbitrary, unjust, based on extraneous considerations and contrary to the binding award/ recommendations and findings of the Tribunal appointed by respondent No. 1. In Writ Petition No. 27 of 1985 the contract pertains to supply of buffalo milk to military farms at Baramulla and Rajouri, whereas in Writ Petition No. 28 of 1985 it pertains to military farms at Jammu and Srinagar. 3. Petitioner's case is that sealed tenders were invited by the Dy. Director Military Farms Nor...
Ali Mohd. Sheikh and ors. Vs. State of Jammu and Kashmir and ors.
Court: Jammu and Kashmir
Decided on: Aug-05-1986
Reported in: AIR1987J& K11
ORDERDr. Anand, C.J.1. The doctrine of promissory estoppel is pressed into aid by the petitioners for asking this Court to issue a writ of certiorari quashing communication No. 537-38/C issued by Conservator of Forests, Srinagar, on 24-3-1986, directing the D.F.O., Fire Wood Division, Respondent No. 4, to issue a public notice inviting tenders for grant of contract for transportation of fire-wood and for a writ of mandamus directing the respondents to allow the petitioners extension of their carriage contract for the year 1986-87 as also to pay to the petitioners a sum of Rs. 1,75,318/- on account of the balance outstanding for the carriage of firewood by the petitioners to Leh, Kargil and Dras.2. Shorn of details, the case of the petitioners, as reflected in their writ petition is that they are carrying on the business of carriage contractors and are registered on with the Forest Department of the respondent State. In the year 1979, the respondents invited tenders for allotment of car...
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