Jammu and Kashmir Court September 1990 Judgments
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The Jammu and Kashmir Bank Limited Vs. Packart and ors.
Court: Jammu and Kashmir
Decided on: Sep-07-1990
Reported in: AIR1992J& K15
ORDERR.P. Sethi, J.1. In a suit for the recovery of Rs. 19,12,174.38 pending in this Court from 10-11-1987, defendants I & 2 filed this Civil Misc. Petition on 3-5-1989 under Order XXIII Rule 3, C.P.C. for deciding the case in terras of the compromise allegedly entered into between the parties. It is submitted that during the pendency of the suit the defendants approached the plaintiff for adjustment of the suit outside the court and offered them that some of the partners of defendant No. 1 may be allowed to retire so that defendant No. 2 becomes the sole proprietor of the concern of defendant No. 1 and that defendant No. 2 may be permitted to make available better surety for the money payable to the plaintiff and that the unit of defendant No. 1 be rehabilitated by re-scheduling the payments which are to be made by the defendants. The request of the defendant is stated to have come up for consideration before the board of Directors of the plaintiff-Bank on 10-5-1988 wherein it was res...
Gurcharan Singh Vs. Kuldeep Singh
Court: Jammu and Kashmir
Decided on: Sep-04-1990
Reported in: I(1991)ACC692,1992ACJ63,AIR1991J& K47
ORDER1. The Motor Accident Claims Tribunal, Jammu in claim petition filed by the respondent herein has awarded compensation to the extent of 1.40 lacs payable by the petitioner herein vide order passed on March, 17, 1986. Petitioner has filed appeal against the said award. Along with Appeal he has filed the present application for condonation of delay.2. The petitioner has alleged in this application that he applied for copy of the award on March, 19,1986 and copy was delivered to his father on 27-3-1986 after which he entrusted the same to Shri B.K. Bhasin, Advocate who was his counsel, alongwith affidavit and vakalatnama. He has further alleged that he was told by his Advocate that appeal had been filed. He did not receive any notice about the case and became suspicious and requested the Advocate to accompany him to the High Court Registry to find out present position of the appeal on which the advocate asked him to come to his residence on 9-1-1986. Petitioner's further plea is that...
Robkar Adalat Vs. B.B. Singh, Munsiff Judicial Magistrate 1st Class
Court: Jammu and Kashmir
Decided on: Sep-04-1990
Reported in: 1992CriLJ16
Acts/Rules/Orders: Contempt of Courts Act, 1952; Bihar and Orissa Co-operative Societies Act; Ranbir Penal Code - Section 188; Criminal Procedure Code (CrPC) - Section 517Cases Referred: Thakar Jugal Khshore Sinha v. The Sita Marhi Central Co-operative Bank Ltd, AIR 1967 SC 1494 : (1967 Cri LJ 1380); E.T. Sen v. E. Narayanan, AIR 1969 Delhi 201 : (1969 Cri LJ 884); M.Y. Shareff v. The Hon'ble Judges of the High Court of Nagpur, (1955) 1 SCR 757 : (AIR 1955 SC 19) : (1955 Cri LJ 133)Order1. After about half century of independence the judiciary in this country is at the cross-roads being endangered from within and without. The crisis of confidence in the institution is felt and realised by all the concerned. The need of restoring confidence amongst the people for the independence of judiciary, its impartiality and the glory of law is felt and necessitated for the survival of the major democratic institution in this polity. It is not disputed that the last bullwork of a State apparatus i...
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