Jammu and Kashmir Court February 1990 Judgments
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Dewan Singh Vs. Khazan Singh
Court: Jammu and Kashmir
Decided on: Feb-28-1990
Reported in: AIR1992J& K4
ORDERS.S. Kang, C.J.1. This is a defendant's revision against the order dated September 11, 1988, passed by City Judge, Jammu, allowing an application filed by the plaintiff under Rule 17 of O. VI, C.P.C. seeking an amendment in the plaint by changing the value for the purposes of court-fees and jurisdiction from Rupees 1,510.00 to Rs. 5,100.00. It has been filed in the following circumstances.2. Khazan Singh, respondent herein, filed a suit for permanent prohibitory injunction restraining the defendant (present petitioner) from interfering with the plaintiffs possession, encroaching upon or otherwise trespassing upon the land measuring 11 marlas situate at village Kalyanatahsil R. S. Pura. In the initial plaint, the plaintiff had fixed the value of the suit for the purposes of court-fees and jurisdiction at Rs. 1,510.00. The defendant appeared and contested the suit. The plaintiff filed an application seeking amendment of the plaint by pleading that value of the suit for the purposes ...
Mohammad HussaIn Vs. the State
Court: Jammu and Kashmir
Decided on: Feb-15-1990
Reported in: 1990CriLJ2351
R.P. Sethi, J.1. The appellant was convicted under Section 304-A RPC and sentenced to 18 months rigorous imprisonment and a fine of Rs. 100/- and under Section 201 RPC to six months rigorous imprisonment mainly on the ground of his retracted judicial confession, which was stated to have been recorded by a Tehsildar, Executive Magistrate 1st Class, Rajouri under Section 164 of the Cr. P.C.2. According to the prosecution it was alleged that on the intervening night of 23/ 24th of Feb. 1974 three daughters of Zamal Ali had gone to attend a marriage in the house of his daughter and on the morning of 24-2-1974 his two daughters returned home but the youngest namely Rafiga Bi did not turn up. Upon enquiry it was revealed that the deceased had not gone to join the marriage on the night of occurrence. Upon search her dead body was traced at a distance of about one furlong from her house with hands missing and her chest torn as if some animal had attacked and killed her. Proceedings under Secti...
Haji Gh. Rasool Kitab Vs. Collector
Court: Jammu and Kashmir
Decided on: Feb-08-1990
Reported in: AIR1990J& K72
ORDERR.P. Sethi, J.1. Reference made by the Collector Land Acquisition under section 18 of the Land Acquisition Act, hereinafter referred to as the 'Act' was rejected by the District Judge, Bhadarwah vide the judgmentimpugned in this revision petition on the ground of the same being barred by time. It was further held that the reference was not in conformity with the provisions of Section 19 of the Act because the Collector had failed to give particulars of the land, name of the parties, the amount awarded and the grounds on which the amount of compensation was determined as acquired under Clause (d) of Section 19 of the Act.2. I have heard the learned counsel for the petitioner and perused the record.3. Some of the facts giving rise to the filing of the present petition are that land measuring 6 marlas upon which the petitioner had constructed four shops and allegedly raised construction of a plinth level of a building was acquired by the respondent under the Act. The petitioner claim...
Sham Lal Vs. the State and ors.
Court: Jammu and Kashmir
Decided on: Feb-08-1990
Reported in: 1990CriLJ1359
ORDERR.P. Sethi, J.1. Guran Ditta died on account of the rash; and negligent driving of the petitioner on 20-4-1974 as a consequence of which a case Under Section 403-A RPC was registered at Police Station Bishnah and after its trial the petitioner was convicted under Section 304-A RPC and sentenced to rigorous imprisonment for one year and to pay a fine of Rs. 1,000/-which on realisation was directed to be paid to the legal heirs of the deceased.2. According to the prosecution the petitioner was the driver of bus No. JKN 9486 and was proceeding from Bishnah to Jammu when he caused the accident near Chuha Chak by his rash and negligent driving resulting in the death of the deceased. The prosecution produced Dooni Chand, Mansa Ram, Nika Ram, Sansar Chand, Nanak Chand, Chaman Lal, Youg Raj Sharma and Bishan Dutt in support of their case. No evidence was led in defence.3. After his conviction the petitioner herein filed an appeal before the learned Sessions Judge, who vide the order impug...
Mrs. Parvinder Kaur Vs. Ram Lal
Court: Jammu and Kashmir
Decided on: Feb-02-1990
Reported in: AIR1991J& K5
ORDERR.P. Sethi, J.1. Aggrieved by the order of refusal to grant permission to appear and defend in a suit filed under Section 37 of the C.P.C. passed by the Court of Sub-Judge, Jammu, this revision petition has been filed with a prayer to set aside the order impugnedand grant permission to the petitioner herein to appear and defend the suit filed against her. From the facts of the case, it appears that the suit based upon the promissory note for the recovery of Rs. 5,315/- was filed against the petitioner-defendant who sought the permission of the trial Court to defend the suit in terms of Rule 3 of Order 37 of CPC. As the petition filed by the defendant was not accompanied by an affidavit, the same was dismissed by the trial Court vide the judgment impugned in this petition.2. I have heard the learned counsel for the parties and have perused the record.3. Suits based upon the bills of exchange, hundies and promissory notes or the suit in which the petitioner-plaintiff seeks only to r...
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