Jammu and Kashmir Court July 1996 Judgments
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ishtiaq Ahmad Vs. Union of India (Uoi) and ors.
Court: Jammu and Kashmir
Decided on: Jul-31-1996
Reported in: AIR1997J& K67
ORDERG.D. Sharma, J.1. The petitioner herein is an Industrial Unit which manufactures soaps of verious varieties and is known as 'John Soap Industries'. Through the medium of this petition filed by its Managing Director, the writ jurisdiction of the Court vested under Art. 226 of the Constitution of India read with Section 103 of the Constitution of Jammu and Kashmir has been invoked. Direction is sought against the respondents to vacate the premises of the said Industrial unit which is situated in village Lethapora of Srinagar District. Compensation for unauthorised use and occupation of the said premises as well as loss suffered on account of the closure of thesaid unit is also claimed. It has inter-alia been pleaded that in the year 1982, the petitioner-unit stepped into the shoes of the original promoters of the Unit in question as the same had become non-functional. The Unit was brought on the rails after making huge investments. Skilled and unskilled workers were employed and the...
State of J. and K. and ors. Vs. Gh. Nabi War
Court: Jammu and Kashmir
Decided on: Jul-31-1996
Reported in: AIR1997J& K24
Ab Qadir Parray, J.1. This appeal is directed against the order dated 4-7-1994 passed by District Judge, Srinagar on review petition arising out of arbitration proceedings pending before it bearing Arbitration Petition No. 27 of 1989.2. The facts in brief which have given rise to the present appeal are that a dispute has arisen between the respondent and the appellants regarding felling of certain chinar trees at Nehru Park, Nursinggrah estate and Doordarshan Kendra, Srinagar. Matter was referred to the arbitrator and the arbitrator has returned his award which was filed before the Court of learned District Judge, Srinagar. The respondent herein filed his objections to the award but the appellants did not choose to file any objections and finally the award was made rule of the Court, with certain modifications.3. In the order impugned passed on review petition, learned District Judge has modified the order and decree dated 23-11-1993 to the extent that the respondent herein is entitled...
Hamidul Ahmad Pandit and anr. Vs. Munsiff, Pulwama and ors.
Court: Jammu and Kashmir
Decided on: Jul-31-1996
Reported in: AIR1997J& K52
Ab. Qadir Parray, J. 1. This is an appeal (Letters Patent Appeal) against the judgement of a Single Bench of this Court passed in Writ Petition No. 591 of 1984 titled as above on 28--9-I984, whereby the learned Single Bench has dismissed the writ petition in limine. 2. In the writ petition before the learned Single Bench, the petitioner was asking for a writ of prohibition against respondent No. 1, (Munsiff Pulwama) for proceeding with the Civil Suit No. 1/1973 titled Mst. Sara versus Iqbal Koka and others. The said suit was instituted in the Lower Court of the Munsiff on 5-4-1973 and is a suit for possession on the basis of enforcement of right of prior pur-chase regarding land measuring 4 kanals falling under Survey No. 269/11/Min from Khewat No. 5 of village Noorman, Pulwama. 3. It is alleged in the said suit that the defendant No. 2 (Rajab) sold the land by virtue of a sale deed executed on April the 4th, 1972 and registered on 6th April, 1972 to defendant No. 7 for a consideration...
New India Assurance Company Vs. Smt. Shakuntla Devi and ors.
Court: Jammu and Kashmir
Decided on: Jul-10-1996
Reported in: II(1998)ACC418,1998ACJ195,AIR1997J& K40
Bhawani Singh, J. 1. This letters patent appeal assails the judgment of learned single Judge in C.I.M.A. No. 16/94 dated April 28, 1995 whereby the appeal preferred by New India Assurance Company (hereafter the 'appellant') has been dismissed. 2. On March 2, 1993 at 5,00 a.m., truck bearing registration No. JKO 2B-7093 turned turtle with the result that labourer Raj Pal, travelling in the truck, died on the spot leaving behind his widow and three minor children. Claim petition was filed before the Motor Accident Claims Tribunal (hereafter shortly 'Tribunal'), Jammu claiming compensation of rupees ten lacs from the respondents alleging that the accident was the result of rash and negligent driving by driver Joginder Singh. The respondents have admitted the accident but the allegation that the accident was attributable to the rash and negligent driving, has been denied. It has been stated that the accident took place due to sudden application of brakes for saving a buffalo which came in ...
Zulikha Vs. Mir Wali and ors.
Court: Jammu and Kashmir
Decided on: Jul-05-1996
Reported in: 1997CriLJ18
ORDERA.B. Qadir Parray, J.1. From the perusal of the records, it transpires that the parties were served and at one stage they had appeared, but subsequently absented themselves.2. This revision has been filed against the order of S. D. M./ Executive Magistrate, Ganderbal dated 2-4-1985,. whereunder said Sub-Divisional Magistrate, Srinagar has transferred the case titled Mir Wali v. Zulikha, pending in the Court of Executive Magistrate, Ganderbal to his own files. Petitioner has challanged this order on the count that the SDM Srinagar had no powers to order the transfer of the file from the Court of Executive Magistrate, 1st. Class Ganderbal, more so when the person of SDM/ Executive Magistrate, 1st. Class Srinagar seems to have interest in the matter he should have not passed such an order.3. I have perused the record. I do find that the order of transfer of proceedings under Section 145 Cr.P.C. pending in the Court of Executive Magistrate, 1st Class Ganderbal passed by SDM/Executive ...
Darshan Kumar and ors. Vs. Collector Assistant Commissioner (Revenue), ...
Court: Jammu and Kashmir
Decided on: Jul-05-1996
Reported in: AIR1997J& K74
1. This appeal is directed against an order dated 12-8-1994, passed by the learned single Judge in C. R. No. 158/94, seeking to condone the delay in presenting the revision petition. Following order was passed by the learned single Judge:--'No good ground is made out for condonation of delay in filing of the revision petition. The order impugned has been passed as far back as on 26-5-1992 and the revision petition has been filed on 11-5-1994 near about a lapse of two years from the date of passing of the order. The application is dismissed accordingly. File be consigned to records.'2. This order was passed on 12-8-1994 and it is against this order that this Letters Patent Appeal is filed.3. Today the appellants and their counsel are absent.4. At the out-set it is seen by perusal of the order-sheets that this matter has been pending for the last two years, for consideration of admission of the appeal.Secondly, it is seen that the office should have considered as to whether an appeal wou...
B.M. Chopra and anr. Vs. State of J. and K. and ors.
Court: Jammu and Kashmir
Decided on: Jul-04-1996
Reported in: AIR1997J& K77
ORDERG.D. Sharma, J.1. The petitioner No. 2 is a Trust known as 'Maa Mai Trust'. Petitioner No. 1, namely, Mr. B. M. Chopra is its Secretary and a resident of Delhi. The petitioners through the medium of this petition purported to be filed under Article 226 of the Constitution of India read with Section 103 of the Constitution of Jammu and Kashmir, have sought the issuance of writ of certiorart quashing the communication bearing No. 601/PA/437-38 dated 20-1-1994 issued by respondent No. 1 (Divisional Commissioner, Jammu) to respondent No. 2 as well as setting aside order No. DC/Udh-PA/94/748-50 dated 16-6-1994 passed by the latter. In the communication issued by respondent No. 1 (supra) a direction has been given for the cancellation of mutation No. 1224. The said mutation was attested by respondent No. 4 in respect of land measuring 5 Kanals comprising of Khasra No. 743/28, Khewat No. 35/36, Khata No. 362/247 situate in village Kund Drorian, Tehsil Reasi. The abovesaid land was taken ...
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