Court : Jammu and Kashmir
Reported in : AIR1996J& K1
V.K. Gupta, J. 1. Despite repeated calls before and after lunch, no one appears for the respondents today. Shri Raman Sharma had appeared for respondent No. 1 on 11-3-1993. Before that Shri A. V. Gupta, had been appearing, but today neither of them has chosen to appear to contest this appeal.2. A very short and simple point is involved in this case for determination. The appellant is aggrieved of a judgment dated 1-6-1991 passed by the State Commission for Consumers Protection, J and K State, Jammu whereby, suit filed by respondent No. 1 herein against the appellant was decreed. The appellant was ordered to pay an amount of Rs. 5,74,531,74 apart from Rs. 25,000/- as costs and compensation. Respondent No. 1 filed a suit before the State Commissioner constituted under the J & K Consumer's Protection Act, 1987 (State Act No. 16 of 1987) for recovery of money on the ground that the appellant had committed a breach of contract by not supplying to the respondents Turpentine derivatives for w...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 1996ACJ1032,AIR1996J& K23
1. These four appeals are being disposed of together by this common judgment.2. On 3rd April 1995 when the case came up for consideration Shri D. S. Thakur Advocate had appeared on behalf of respondent No. 3, National Insurance Company. He was directed to obtain instructions from the Insurance Co. in all the four cases. On 18 April 1995, however, when the case came up for hearing, Mr. Thakur informed the court that he had contacted his client, but they conveyed to him that some other counsel had been engaged. No other counsel however, appeared on behalf of the Insurance Company.3. The appeals are directed against judgments dated 26-10-91 in all the four cases delivered by the learned Motor Accident Claims Tribunal, Rajouri whereby the respondent National Insurance Company has been totally absolved of its liability to pay the compensation amount and respondent Jugal Kishore has been held liable and responsible to pay the entire compensation amount in favour of the claimants. The appella...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 1997ACJ26,AIR1996J& K27
1. This appeal is directed against a judgment dated 14-1-93 passed by the learned Motor Accident Claims Tribunal, Jammu in Claim Petition No. 243 of 1988; Cheman Lal v. Union of India whereby an award of Rs. 52,500/- with interest @ 12% per annum has been passed against the appellants herein, in favour of the respondent Cheman Lal. The claim petition arose out of an accident which occurred on 29-6-88 at a place called Phongi Morn, 17 KMs away from Akhnoor on Akhnoor-Nowshera road while the respondent, who was an employee of the Military Engineering service was travelling in vehicle No. ZD-60885 belonging to Unit-862-EWS c/o 56 APO. The allegation of the respondents in the claim petition was that the accident occurred because of rashness and negligence on the part of driver Kali Ram driving the aforesaid army vehicle and that as a result of this accident, whereas one other person died, the respondent sustained some serious injuries. The appellants herein controverted the allegation of t...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 1996ACJ486,AIR1995J& K111
V.K. Gupta, J.1. This appeal is directed against the judgment and award dated 27-3-1991 passed by the learned Motor Accidents Claims Tribunal Kathua, whereby an amount of Rs. 58,000/- was awarded as compensation by the Tribunal in favour of the claimants.2. It is alleged that the deceased Ram Swaroop, who was the father and husband of the claimants, while on his way on a bicycle, was knocked down and crushed on 28-2-1978 near Kathua by the person driving Bus No. JKN-6902. Even though the bus was not being driven by the regular driver of the bus, it is alleged that Rajinder Kumar driver was instrumental in causing the accident because he has been driving the vehicle at the time of accident. The following issues were framed by the Tribunal on 4-1-1985:--'1. Whether on 28-2-1978 at about 9.45 p.m. near Hatli More respondent No. 1 while acting under the employment of the owner of bus No. JKN-6902 drove the said bus in a rash and negligent manner andcaused the death of the deceased RamSwaro...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 1996ACJ1122,AIR1996J& K21
V.K. Gupta, J.1. In this appeal, the United India Insurance Company, has challenged the Award of the Motor Accidents Claims Tribunal Kathua passed on 12-3-1993 on the sole ground of non-maintainability of the claim petition by Bhupinder Singh, respondent 1, who was the driver of the vehicle, which allegedly met with an accident resulting in the loss of Petrol and Diseal from out of the vehicle driven by Bhupinder Singh himself.2. Brief facts of the case are that on 14-8-1991 at about 12.30 P.M. a collision took place between Oil Tanker No. JKP-2232 driven by Bhupinder Singh, claimant, and JK02-7787 driven by Harbans Lal, respondent. Bal Krishen, respondent, was the owner of the truck. Oriental Insurance Company Ltd. was the insurer of this truck, whereas United India Insurance Company limited, the appellant in the present appeal, was the insurer of the Tanker JKP-2232, driven by Bhupinder Singh, claimant (respondent No. 1 in the present appeal). The case of the claimant was that as a r...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 1996ACJ363,AIR1996J& K3
V.K. Gupta, J. 1. This appeal by the insurance company seeks to challenge the judgment dated 27-5-1992 passed by the learned Motor Accident Claims Tribunal, Kathua in Claim Petition No. 25 of 1991 whereby compensation of Rs. 10 lakhs has been awarded in favour of the respondents Nos. 1 to 3 in this appeal and against the appellant. The only ground alleged by Shri H. L. Choudhary, learned counsel appearing for the appellant in the appeal is with regard to the quantum of compensation. No other point was urged.2. Appearing for the appellant Mr. Choudhary contended that the compensation amount was excessively and unreasonably higher and that, looking to the admitted facts and circumstances of the case, the Tribunal ought to have fixed the compensation on a much lower side. Controverting Mr. Choudhary's submission, Mr. Hali learned counsel appearing for respondents Nos. 1 to 3 submitted that the amount awarded by the Tribunal was just, fair and reasonable and that its slashing down or reduc...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : AIR1996J& K5
ORDERB.A. Khan, J. 1. This is one of those cases where the demands of substantial justice should outweigh and prevail over technical considerations and procedural wrangles.2. One Bhagat Ram Wazir mortgaged his house situate at Kachhi Chhowni, Jammu, to the father of respondent for Rs. 1,500 on 28th Chet 1995 (Bikrami). His property was later taken over by the Court of Wards for management and supervision under the Court of Wards Act, 1992 by Govt. Order No. 3/56/49 dated 8-4-1949. The Deputy Commissioner, Jammu, was appointed as Court of Wards.3. The Court of Wards brought a suit for redemption of this mortgaged house sometime in 1968. The trial Court passed the preliminary decree on 11-1-1969. An appeal was taken against this decree by father of respondent before District Judge, Jammu, which was dismissed on 28-6-1969. He then took the second appeal before this Court which was also rejected by judgment dated 4-12-1969.4. Resultantly the trial of the suit for redemption of the mortgage...
Tag this Judgment!Court : Jammu and Kashmir State Consumer Disputes Redressal Commission SCDRC Jammu
Malik Sharief-ud-Din, President: 1. In order to appreciate the points that arise for consideration in this complaint we would briefly like to state the facts. 2. Complainant was a student of M.M. College, Jammu and he had to appear for B.A. final examination in the year 1982-83. However, due to illness and shortage in the attendance he could not appeared. In the following year he was again admitted to College as late College student. It is in such circumstances that the benefit of Statute VIII of the University is made available. The benefit available is to the effect that such students are given the benefit of internal assessment in the previous year and this internal assessment record is to be forwarded by the College to the University before the examinations start. The Complainant appeared in the examination conducted in 1983-84 as a B.A. student, he was allotted Roll No. but the College did not send the internal assessment in time. It was only forwarded after the examinations were ...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 1995CriLJ2886
S.M. Rizvi, J. 1. This criminal appeal is directed against the judgment and order of the learned Sessions Judge, Kathua dated 31-7-1990, convicting the appellant for the offence under Section 302 RPC and sentencing him to life imprisonment and a fine of Rs. 500/-.2. The prosecution story briefly stated is that the deceased Kuldeep Singh and the appellant Amarjeet Singh, were both married to two sisters of the complainant Harcharan Singh and had come to their in-laws house on 17th November, 1986. The appellant was accompanied by his wife also but the deceased had not brought his wife along with him. On 18th of Nov. the deceased borrowed a gun from a neighbour and went out for hunting. He returned to his in-laws house in the evening. The appellant also stayed in the in-laws house for the second day also. On 19th of Nov. the deceased as also the appellant went for hunting in the morning and returned to their in-laws house by about noon. After sometime the appellant left the house carrying...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : AIR1996J& K10
ORDERBilal Nazki, J. 1. A very small controversy is to be adjudicated upon in this revision petition. 2. An application under Section 20 of the Arbitration Act titled Sham Lal Gupta v. Bashir Kiln, came to be filed before the 1st Additional District Judge Jammu, who passed an order dated 15-10-1988 whereby, he referred the dispute between the parties to an arbitrator namely Mr. V. B. Sudhan, Advocate for arbitration. 3. After the matter was referred to arbitration by the learned District Judge, an application came to be filed before him by the present petitioner seeking settling aside of the order of reference made under Section 20 of the Arbitration Act which had been passed by the learned District Judge after proceeding ex parte against the petitioners. This application was decided by the learned District Judge by an order dated 2-12-1992 and he dismissed the application on the ground that the provisions of Order 9, Rule 7, CPC which deal with setting aside of ex parte proceedings wa...
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