Jammu and Kashmir Court May 1987 Judgments
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Bindru Vs. Kikru and ors.
Court: Jammu and Kashmir
Decided on: May-15-1987
Reported in: AIR1988J& K1
Bhat, J.1. The following two questions, which, in the opinion of a learned single Judge of this court are important questions of law, have been referred to Full Bench for consideration :(1) Whether the court has power to extend time, where the order provides that a thing shall be done within a particular time and in the event of default the suit, application-appeal, shall stand dismissed, even when the application for extension is filed after the time fixed by the court has expired ?(2) In particular, whether the court has power to extend time, where in a suit for preemption, the trial court while decreeing the suit has directed that the plaintiff should deposit the price within a certain time and in default the suit shall stand dismissed, even when the application for extension is filed after the time fixed for depositing the price has expired?2. The aforesaid two questions have arisen in a revision petition which was filed by the petitioner against the order of learned Chief Judicial...
Darshan Kumar and Etc. Vs. Union of India (Uoi) and ors.
Court: Jammu and Kashmir
Decided on: May-15-1987
Reported in: AIR1988J& K28
Shah, J.1. All the above noted three writ petitions based on identical questions were heard together and are being disposed of by the single order.2. It is stated that the petitioners purchase the coal and indents wagons from the railway administration, which are supplied to the petitioners for loading of coal as per the terms of letter of sponsorship. After the wagons are allotted, the coal is loaded in the wagons by the labour of the petitioners. It is alleged that the loading is done under the guidance and supervision of the railway staff of the forwarding station and the coal is loaded in wagons in accordance with the guidelines given by the railway authorities. Each wagon has marked carrying capacity and the minimum weight for the charge of freight of coal is specified. It is also not disputed that the over-loading of the wagons is not permitted by the railway administration, because the over-loaded wagon is a potential danger to the safety of a running train. The Ministry of Rail...
Balak Ram Vs. Shiv Ram
Court: Jammu and Kashmir
Decided on: May-15-1987
Reported in: AIR1988J& K33
M.L. Bhat, J.1. Respondent's suit for declaration that he was owner of the suit land as also the sale deed executed by one Rasila Ram in favour of the appellant was inoperative and ineffective as against the rights of the respondent is concurrently decreed by the Court below. This second appeal is filed by the defendant against the decrees passed by the Courts below against him.2. Brief re'sume' relevant for the disposal of this second appeal is given as under : --One Shama had two sons, Rasila and Kirpu. Rasila left behind him Shiv Ram, the respondent, Kirpu had one son Mansa Ram, who has died issueless. Rasila is said to have kept a keep at his place, namely Mst. Rajo. The appellant is claiming to be a relation of Mst. Rajo. Appellant's case was that Mst. Rajo had lived for 40 years with Rasila as his wife, therefore, under law she will be deemed to be legally wedded wife of Rasila. Respondent's case is that she was only a keep of Rasila. After the death of Kirpu, brother of Rasila, ...
Krishan Lal and anr. Etc. Vs. Harbans Lal and anr. Etc.
Court: Jammu and Kashmir
Decided on: May-15-1987
Reported in: AIR1987J& K82
Anand, C.J. 1. The question that has been referred by a learned single Judge of this Court for its decision by a Full Bench reads : 'Is a sub-tenant necessary party to a suit for ejectment brought under Section 11(1) of the J. & K. Houses and Shops Rent Control Act, 1966, even if the sub-tenancy has been created in his favour by the tenant of the leasehold without the consent of his landlord, or even if the same is not created in respect of a major portion of the leasehold and is also not for a period of more than seven consecutive months ?' The reference is essentially in two parts : one, is a sub-tenant necessary party even when the sub-tenancy has been created without the consent of the landlord, and, two, is the sub-tenant a necessary party even when the sub-tenancy has not been created in respect of a major portion of the leasehold and is also not for a period of more than seven consecutive months 2. The distinction between the two parts is self evident. Whereas the first affords ...
L. Jamit Rai Vs. Chuni Lal
Court: Jammu and Kashmir
Decided on: May-15-1987
Reported in: AIR1988J& K64
ORDERM.L. Bhat, J. 1. Retrospectivity or otherwise of the Amending Act No. XXI of 1972 was referred to the Full Bench. Mr. S. P. Gupta appearing before the Full Bench made a statement that he would not question the findings of the District Judge. Therefore, the Full Bench was of the opinion that reference was not required to be answered by it. The reference was sent unanswered to the single bench. This civil second appeal is therefore to be decided on its own merits. 2. The appeal is concluded by the concurrent findings of fact of the two Courts below. Courts below have found that the shop in question was only reconstructed and not constructed. Therefore provisions of the Houses and Shops Rent Control Act would apply to the said shop. The only question which was canvassed by Mr. Gupta appearing for the appellant, before this Court is that by virtue of provisions of Houses and Shops Rent Control Act, the shop in question is not governed by the Houses and Shops Rentcontrol Act because it...
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