Jammu and Kashmir Court February 1996 Judgments
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Arjan Khajuria Vs. Parkash Chand and ors.
Court: Jammu and Kashmir
Decided on: Feb-22-1996
Reported in: AIR1997J& K34
ORDERA.M. Mir, J.1. The point that falls for determination of the Court in this C.M.P. is, as to whether, after transfer of a civil suit from this Court to a District Court, an application alleging violation of an order of this Court, is necessarily to be tried by this Court only.2. Objections have been filed. I have heard the learned counsel for the parties.3. In my opinion Section 150 of the Code of Civil Procedure answers the question. Same reads as under :--'150. Transfer of business -- Save as otherwise provided, where the business of any Court is transferred to any other, the Court to which the business is so transferred shall have the same powers and shall perform the same duties as those respectively conferred and imposed by or under this Code upon the Court from which the business was so transferred.'4. This provision of law, by virtue of a legal fiction, empowers the transferee Court to adjudicate upon all matters arising out of the proceedings and enables the transferee Cour...
Dr. Gh. Rasool Malik Vs. Mst. Amina and ors.
Court: Jammu and Kashmir
Decided on: Feb-12-1996
Reported in: 1996CriLJ3252
ORDERA.B. Quadir Parray, J.1. This revision is directed against the order dated 22-6-1995 passed by learned Sessions Judge, Baramulla in the revision petition titled Ghulam Rasool Malik v. Mst. Amina and Ors.2. In order to appreciate the matter in controversy in its real perspective, a brief resume of the facts of the case requires to be marshalled.3. Non-applicants/respondents before me had filed an application Under Section 488 Cr. P.C. in the Court of Judicial Magistrate, Ist, Class Baramullaon 12-12-1990. This application was on behalf of Mst. Amina D/o Mohammad Sultan Nadroo, Razia (minor) alias Saira Banoo and Monisa (Minor) daughters of Dr. Gh. Rasool R/o Mohalla Muslim Peer, Sopore, against the petitioner Dr. Ghulam Rasool Malik S/o Sonaullah Malik R/o Galoora, tehsil Handwara, on the averments that the non-applicant/ petitioner before this Court had turned her out alongwith minor children from his house and deserted the applicant and neglected them and failed to maintain them ...
New India Distillery and anr. Vs. State of J. and K. and ors.
Court: Jammu and Kashmir
Decided on: Feb-05-1996
Reported in: AIR1997J& K1
Gupta, J.1. On 29-12-1995 it was decided and directed that this petition bedisposed of finally at the motion hearing stage, without being formally admitted to hearing.2. On Oct. 19, 1995 respondent No. 2, Excise Commissioner, J. & K. issued a notice inviting tenders (NIT for short) for and on behalf of the Governor of the State inviting tenders for the supply of 6 lakhs and 17 lakhs bulk litres of Rectified Spirit (94.4% and above at Room' temperature of 15 degree Celsius and of ISI 'A' Grade Quality) which was required for the Excise Warehouse, Jammu for the Alcohol year 1995-96. In response to this NIT, various parties submitted their tenders. We are, however, concerned with the tenders submitted by six parties, the details whereof have been given in para 6 of the petition. The names of these parties and the rates quoted by them are as under:--'i.M/s.Ranson Industries-Rs. 9.99 per bulk litre.iiM/s.Krishan BaldevPawa- Rs.12.70 per bulk Itr.including Sales Tax,iiiM/s.Kashmir Distillery...
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