Jammu and Kashmir Court October 1990 Judgments
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K. Radha Krishnan Nayyar Vs. Smt. Radha
Court: Jammu and Kashmir
Decided on: Oct-23-1990
Reported in: AIR1992J& K1
Sethi, J.1. The following important questions of law which are likely to affect a number of cases under the Hindu Marriage Act, have been referred to us for adjudication :1) What is the scope of Section 21 of the Act so far as the persons who were not subject to the State Act at the time of their marriage are concerned?2) Whether the persons whose marriages have been solemnized under the Central Act No. XXV of 1955 can seek any relief within the State of Jammu and Kashmir under this Act?3) Whether the persons who were governed by the State Act at the time of their marriage can get a relief in any other court in the country under the provisions of the Central Act?2. Put briefly the facts giving rise to the appeal are : that the parties to the petition were married at Madras -- admittedly, beyond the territorial jurisdiction to which the J. & K. Hindu Marriage Act, 1980 (hereinafter referred to as the State Act) applies. The appellant-husband filed a petition for dissolution of marraige ...
Teerath Ram and ors. Vs. Revenue Minister and ors.
Court: Jammu and Kashmir
Decided on: Oct-12-1990
Reported in: AIR1991J& K40
ORDER1. Petitioners were granted permanent residents certificates (P.R.Cs) by Tehsildar R. S. Pura. Later on Deputy Commissioner, Jammu, respondent No. 2, on complaint filed by Jaggu Ram, respondent No. 3 herein, made a recommendation to the Revenue Minister for cancellation of the abovesaid P.R.Cs issued in favour of the petitioners and the Revenue Minister on April 3, 1981 cancelled the same. Petitioners in this petition have challenged the order of the Revenue Minister, respondent No. 1, and prayed for quashing the same.2. Petitioners case is that they are permanent residents of the State of Jammu & Kashmir and impugned order of respondent No. 1 is illegal and without jurisdiction. According to them whole of proceedings initiated by respondents 1 & 2 are liable to be quashed being held without jurisdiction as the power to revise the order issuing certificate of permanent resident in favour of the citizens of the State is available to the Government alone and such power cannot be exe...
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