Jammu and Kashmir Court April 1994 Judgments
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Baddar DIn Vs. Narsingh Dayal and ors.
Court: Jammu and Kashmir
Decided on: Apr-27-1994
Reported in: 1996CriLJ1068
ORDERB.A. Khan, J.1. This petition under Section 561-A Cr. P. C. seeks recall of order passed by this Court in Criminal Reference No. 7/93 dated 27-7-1993. The question that arises in the process is: whether the . order passed by this Court, in exercise of its criminal revisional jurisdiction, can be recalled in the face of the provisions of Sections 369 and 440 of the Code of Criminal Procedure?2. The controversy can be traced to proceedings initiated by the petitioner by moving the Executive Magistrate under Section 145, Cr. P. C. His case was that he had taken on lease land measuring 5 kanals 1 marla from the respondents for a consideration of Rs. 5,000 vide lease deed dated 1,3-3-1988 but later on respondent No. 1 managed to get revenue entries made in his favour resulting in his forcible dispossession on 2-6-1988. He moved the application before the Sub Divisional Magistrate, Basohli, initially which was later transferred to the Tehsildar Executive Magistrate, Bani. It appears tha...
National Insurance Co. Ltd. Vs. Faqir Chand and ors.
Court: Jammu and Kashmir
Decided on: Apr-25-1994
Reported in: 1996ACJ111,AIR1995J& K91
V.K. Gupta, J. 1. The only ground urged by Mr. Shekhar today in the appeal is that respondent No. 1 who was the passenger of the bus in question could not be included in the category of 'third party' and, therefore, the liability of the appellant qua respondent No. 3 in relation to an accident involving a passenger could not be invoked. According to Mr. Shekhar 'third party' is an expression which should exclude the passengers travelling in a bus. No other point was urged. 2. Chapter XI of the Motor Vehicles Act, 1988 deals with the insurance of motor vehicles against the third party risk. Section 145 is the definition section, it does not define a third party, even though in Clause (g), it has been stated that 'third party' includes the Government, Section 146 relates to the necessity for insurance against a third party risk and lays down that no person shall use, except as a passenger a motor vehicle in a public place unless there is in force in relation to such motor vehicle a polic...
Dr. Nahida Nazir Nahvi Vs. State of J. and K. and ors.
Court: Jammu and Kashmir
Decided on: Apr-18-1994
Reported in: AIR1995J& K1
ORDERQadir Parray, J.1. By this petition, petitioner seeks writ of mandamus commanding the respondents to admit and enroll the petitioner for M.D. degree course in the discipline of Pathology and Bacteriology on the anology on which Demonstrators of the Government Medical College Srinagar, similarly situated with the petitioner have been enrolled/admitted and registered, with further writ of mandamus commanding the respondents to grant and extend all such facilities, to which the petitioner is entitled to as a registered post-graduate student and to complete all the formalities essential or incidental to the convenient pursuit of M.D. course in the said disciplines.2. The facts in brief which have given rise to the present petition are that the petitioner has been appointed as Field Demonstrator in the discipline of Microbiology in the Government Medical College, Srinagar vide order No. GS/1579-1601/MC dated 4-4-1991 and that the petitioner is continuing and working in the Department o...
H.S. Rainal Vs. Union of India (Uoi) and ors.
Court: Jammu and Kashmir
Decided on: Apr-06-1994
Reported in: AIR1995J& K7
M.L. Kaul, J.1. This Letters Patent Appeal has arisen out of an order of Hon'ble the Chief Justice dated 11-2-1994, whereby Writ Petition No. 947 of 1991 title H.S. Rainal v. National Insurance Company has been transferred from Srinagar Wing to Jammu Wing of this Court, along with all connected CMPs. and contempt petitions arising therefrom.2. A challenge has been made to the passing of such order on the ground that the impugned order being a judicial order has been passed by Hon'ble the Chief Justice under the Administrative powers vested in him as Chief Justice of the High Court. The said order being a judicial order could not be passed in exercise of the administrative powers vested in him and his Lordships failed to appreciate and consider the arguments raised by the counsel for the appellant. The learned single Judge failed also to appreciate that power to transfer cases from one Wing to another wing had not been conferred under the J and K High Court Rules and that his Lordship a...
B.A. Rather and anr. Vs. H.K. Dua and ors.
Court: Jammu and Kashmir
Decided on: Apr-05-1994
Reported in: 1994CriLJ3414
V.K. Gupta, J.1. On 17, March, 1994 we had pronounced the operative part of the Judgment whereby apology of respondent No. 1 was accepted and respondent No. 4 was convicted for committing contempt of this court and was sentenced to imprisonment till the rising of the court and payment of fine of Rs. ten thousands. We are now giving our reasons for the conclusion that we arrived at on 17 March, 1994.2. It shall be advantageous to refer to the background in which these contempt proceedings under Section 94 of the Jammu and Kashmir Constitution came to be initiated by two esteemed members of the State Bar practising at Srinagar, namely S/Shri B.A. Rather and S.K. Sharief Geelani, Advocates. In the issue of 7th M ay, 1990 of the Hindustan Times, New Delhi, a publication under caption 'Jagmohan faces acid test' datelined Srinagar, May 6, 1990 came to be noticed by the petitioners. This publication was written by Shri Anil Maheshwari, respondent No. 4 who was at the relevant time the corresp...
Sansar Chand Vs. Bharat Singh and ors.
Court: Jammu and Kashmir
Decided on: Apr-05-1994
Reported in: 1995CriLJ1406
M.L. Kaul, J. 1. This Acquittal Appeal by grant of Special Leave within the ambit of Section 417 of the Code of Criminal Procedure came up for adjudication and has arisen out of a complaint lodged by the Appellant against the respondents in the Court of Sub-Judge, Judicial Magistrate First Class, Reasi, under Section 323 of the Ranbir Penal Code and disposed of by him by his order dt. 17-5-1977, whereby the respondents accused have been acquitted. 2. Briefly stated the complaint was filed before the trial Magistrate alleging therein that the accused-respondent: turned hostile towards the complainant when he asked them to take care of the Camels who were usually causing damage to the crops and leaves of Dhaman trees owned by the complainant-appellant. On such a bad relation the accused on 24-1-1973 with common intention surrounded him on the road at Bhaga and he was beaten up mercilessly with Lathies and Stones as a result pf which some injuries were received by him on his head, nose an...
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