Court : Jammu and Kashmir
Reported in : AIR1988J& K52
ORDERR.P. Sethi, J. 1. In exercise of the powers vested in the High Court under Section 115 of the C.P.C., the records of Civil Suit No. 639/Numbri entitled Manzoor Ahmad Dar v. State of J. & K. pending disposal in the Court of IInd Addl. Munsiff, Srinagar was called to examine the correctness or otherwise of the temporary injunction issued by the trial Court, out of which Civil Reference No. 6/87 arises. 2. Similarly record of Civil Suit No. 24/Numbri titled Alson Motors v. State of J. & K. and are pending in the Court of Municipal Magistrate, 1st. Class, 1st Civil Subordinate Judge, Srinagar was called for the purposes of examining the legality of the temporary injunction issued, out of which Civil Reference No. 7/87 arises. 3. While admitting the aforesaid petitions, this Court stayed the operation of the orders impugned during the pendency of the petitions and directed the Dy. Registrar to submit the record to the Hon'ble the Chief Justice for initiating disciplinary proceedings ag...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : [1988]70STC10(NULL)
R.P. Sethi, J.1. The short point to be decided in this case is as to whether the respondents could have directed the recovery of interest under Section 18(3) of the General Sales Tax Act despite there being a stay order passed by this Court directing that the recovery, if any, pursuant to the final assessment order, shall not be made till further orders.2. As the question raised is purely a question of law, there is no necessity of giving the facts, and circumstances under which the writ was filed which are almost admitted by both the parties.3. I have heard the learned counsel for the parties and have perused the record.4. Mr. Bhasin, the learned counsel, has produced an order of the Honourable Supreme Court passed in C. M. P. No. 2800-01 of 1983 dated 14th November, 1983 between the parties in this writ petition to show that the interest could not be directed to be levied for non-filing of return under Section 12(1) and non-payment of tax under Section 12(3) of the General Sales Tax ...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 1988CriLJ1141
ORDERA.S. Anand, C.J.1. Shorn of details, the facts giving rise to the petition are : that a Police report under Section 145 Cr.P.C. was produced by the Police Division, Shaheed Gunj, Srinagar, on28-M984 titled State v. Ghulam Mustaffa Qureshi and Ors., in the court of City Magistrate, Srinagar. The learned City Magistrate took cognizance and drew up a preliminary order under Section 145 Cr.P.C. and also passed an order in terms of Section 145(4) Cr.P.C. directing the attachment of the property in dispute, the parties were directed to produce their written objections in support of their respective claims and such documents and affidavits on which they rely. It transpires from a perusal of the interim order dt. 7-4-1984, that evidence of the parties was closed and the case was adjourned for final arguments to April 9,1984. The case, however, was not taken up on April 9, 1984, and came up on April 11,1984, when respondent No. 3 requested the court for permission to produce some additiona...
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