Jammu and Kashmir Court December 1997 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
National Insurance Co. Ltd. Vs. State of J. and K. and ors.
Court: Jammu and Kashmir
Decided on: Dec-31-1997
Reported in: AIR1998J& K71
ORDERN.A. Kakru, J. 1. The case of the respondent No. 3 is that he owned a house situated at Gulab Bagh, Zakura Srinagar which was razed to ground during the night intervening 7th and 8th of September, 1992. It is contended that the house was insured with the petitioner under Policy No. 421003/48/92. A surveyor was deputed by the petitioner to assess the loss, assessment was made, a report was submitted. It is further contended that the investigation conducted by the police also substantiated the contention of the respondent No. 3. The respondent No. 3 demanded disbursement as per the assessment. The claim of the respondent No. 3 was not settled despite the fact that the claim was preferred before the petitioner in the year 1992 and ultimately the claim was repudiated in June, 1995, being aggrieved, the respondent No. 3 filed a complaint before the J. & K. Consumer's Protection Commission at Srinagar. The respondent No. 3 adduced evidence in support of his claim, but the petitioner cou...
Punjab National Bank Vs. Sham Lal Sawhney and ors.
Court: Jammu and Kashmir
Decided on: Dec-30-1997
Reported in: AIR1999J& K14
Arun Kumar Goel, J.1. This appeal is directedagainst the judgment passed by District Judge,Jammu, in File No. 4/Civil, on 27-5-1987. Bymeans of the impugned judgment, trial Court,while decreeing the suit has allowed interest, atthe rate of 4 per cent from the date of institutionof the suit to the date of final payment in favourof appellant-bank-(hereinafter referred to as 'theplaintiff) and against the defendants, with adirection that the suit amount is payable ininstalments of Rs. 300/- per month commencingfrom the month of July. 1987. Plaintiff isaggrieved by the grant of lesser interest than whatwas claimed in 'the suit as well as by allowinginstalments in the meagre sum of Rs. 300/- permonth. In order to properly appreciate therespective submissions, brief facts need to benoted: Defendant No. 1 approached the plaintiff-bank at its Gandhi Nagar Branch in Jammu Town for the grant of financial assistance. This request of defendant No. 1 was favourably considered and two facilities wer...
Capt. Vatsa Vs. Miss. Namrata Vatsa and anr.
Court: Jammu and Kashmir
Decided on: Dec-30-1997
Reported in: AIR1998J& K70
ORDERG.D. Sharma, J. 1. This revision is directed against the order dated February 28, 1997 passed by the learned 1st Addl. District Judge, Jammu in execution petition filed by the respondents against the petitioner. The petitioner is the father of the respondents, who arc minors and they had filed the execution for the realization of the arrears of maintenance allowance. This maintenance allowance was granted to the respondents in a proceedings initiated by them under Section 20 of the J. & K. Hindu Adoptions and Maintenance Act. The Court had in an ex parte order granted the maintenance allowance. The petitioner herein has filed the application for setting aside the ex parte decree which is pending in the executing Court. 2. In terms of the impugned order dated 28-2-1997, the executing Court has attached Rs. 25,000/ from account No. J/2/13109 which is a pension account of the petitioner. It is also stated that earlier the executing Court on 26-8-1996 had also attached from this accou...
State of J. and K. Vs. Hem Raj
Court: Jammu and Kashmir
Decided on: Dec-30-1997
Reported in: 1998CriLJ3924
R.C. Gandhi, J.1. This acquittal appeal is directed against the judgment and order of the learned Sessions Judge, Rajouri, dated 18-6-1984 whereby accused has been acquitted of the charge against him for offence tinder Section 302, R.P.C.2. Briefly the prosecution story is that on 14-10-1983, Mohan Singh and Mela Ram chowkidar reported to the police that a dead body incapable of identification was lying on the roadside of village Borari. A police party led by the SHO visited the spot and the dead body was finally identified to be of Om Parkash by his mother and other relations. The dead body was sent for postmortem and on 3-1 1984 the cause of death was finally ascertained to be violent asphyxia because of the presence of injuries on the head and neck of the deceased.3. From 14-10-1983 till 5-12-1983 proceedings under Section 174, Cr.P.C. were continued and it was on 5-12-1983 that a formal case under Section 302, R.P.C. was registered on the basis of the injury statement as no opinion...
M.K. Jalali and anr. Vs. State of J. and K. and ors.
Court: Jammu and Kashmir
Decided on: Dec-26-1997
Reported in: 1998CriLJ2656
ORDERG.D. Sharma, J.1. The petitioner M.K. Jalali is a Superintending Engineer, in the Irrigation & Flood Control Department. The petitioner Bindraban Sawhney is an Inspector in Motor Vehicles Deptt. Cases under Section 5(2)(e) of the Prevention of Corruption Act 2006 have been registered against them under FIR No. 103/97 and 61/97 respectively. They are stated to have been taken into custody on 22-12-1997.2. Through the medium of these petitions they have sought their release on bail by pleading that they have been co-operating with the investigating agency right from the date of the alleged raids and the investigating agency has not yet concluded that the property recovered from their possession is disproportionate to their known source of income. That they are respectable citizens and there is no likelihood of jumping the bail or misusing the concession of bail in any manner. The petitioner Bindraban Sawhney in addition has alleged that he is a diabetic patent and is entitled to bai...
United India Insurance Co. Vs. Ravinder Kumar and ors.
Court: Jammu and Kashmir
Decided on: Dec-24-1997
Reported in: (1999)IIILLJ1636J& K
Bhawani Singh, C.J. 1. This batch of four appeals (L.P.As.No. 17/1592, 15/1992, 16/1992 & 18/1992) are common in nature, therefore, proposed to be decided by common judgment. 2. Briefly stated, the claimants were employees of M/s. Kashmir Vanaspati Ltd., Bari Brahmana, Jammu. During the course of employment they met with an accident when Oxygen gas cylinder bursted in the factory premises. The claimants in all these cases sustained personal injuries. Consequently, they moved the Commissioner under the Workmen's Compensation Act, 1923, for compensation, penalty and interest. Different amounts of compensation were awarded to these claimants by the Commissioner alongwith interest at the rate of 6 per cent per annum and penalty at the rate of 25 per cent of the awarded amount. Aggrieved by this order, the appellant United India Insurance Company came in appeal before this Court, However, the appeal has been dismissed on two grounds, namely, (i) that it was time barred; and (ii) that no sub...
Gian Chand Vs. State of J. and K. and ors.
Court: Jammu and Kashmir
Decided on: Dec-22-1997
Reported in: AIR1998J& K60
ORDERT.S. Doabia, J. 1. The psyche of a person in possession over public land is the same all over the country. The city of Jammu can be no exception. The psyche is to perpetuate possession as long as possible. A person in possession of some areas abutting on a public street makes an all out effort to occupy as much area as possible of that portion which is part of public street. First an over head projection is built. Then there is an aggressive effort to occupy the land under the projection. The goods meant for sale arc displayed on pavement leaving no space for a pedestrian to move on pavements. The situation in this petition is not different. 2. The facts in brief are as under :-- The petitioner submits that he is engaged in the business of steel works. Hardware Store and Welding fabrication in an establishment said to be situated at Jewal Chowk/B. C. Road, Jammu. Eleven rooms as per the petitioner stand constructed. The covered area is said to be 2747 square feet. This is comprise...
Mst. Hajira Vs. Mst. Hanifa and anr.
Court: Jammu and Kashmir
Decided on: Dec-18-1997
Reported in: AIR1999J& K17
ORDERA.Q. Parray, J.1. This revision is directed against the order dated 12-6-1997 passed by Munsiff/ Sub-Registrar, Srinagar.2. The facts in brief which have given rise to the present petition are that a civil suit titled Mst. Aisha Bibi v. Mst, Hajra was pending in the Court of Munsiff/Sub-Registrar, Srinagar and same is alleged to have been dismissed for non-prosecution on behalf of the respondent/plaintiff on 15-2-1997. It is averred that prior to the institution of this suit, another suit titled Mst. Manila v. Mst. Hajra was pending in the Court of 1st Additional Munsiff, Srinagar, which loo was dismissed for non-prosecution on 26-12-1995.3. It is averred that in both the suits, subject matter was same. The suit titled Mst. Aisha Bihi v. Mst. Hajira has been registered as file No. 1037 Civil instituted on 17-7-1995 and is purported to have been dismissed in default on 15-2-1997. This suit was for partition. The prior suit titled Mst. Hanifa v. Mst. Hajra was a suit for declaration...
Mohd. Ibrahim Ganai and anr. Vs. State of J. and K. and ors.
Court: Jammu and Kashmir
Decided on: Dec-17-1997
Reported in: AIR1999J& K20
ORDERSyed Bashir-ud-Din, J.1. In the petition it is averred that petitioners and the Public have access to their agricultural land over a common path way measuring 7 x 110 feet Which has been encroached upon by one Abdul Hamid Khan after the path way was sold to him by Respondent No. 6 on 25-4-97. The petitioners approached Respondent No. 2 District Development Commissioner, Anantnag through a petition for removal of nuisance and clearance of obstruction on the path way so as to give free ingress and egrces to the path users, the petitioners and the Public. The Naib Tehsildar under orders of Respondent No. 2 forwarded the report along with Annexures (P2 to P6) to Respondent No. 3. However, Respondent No. 3, Tehsildar, Executive Magistrate, Kulgam is not taking any action to clear the pathway and remove the encroachment and nuisance on the spot. Though the petitioners have alternative remedy available to approach the Civil Court, but as it is time consuming process and is not efficaciou...
Dhan Raj Bhargotra and Etc. Vs. Election Commission of India and ors. ...
Court: Jammu and Kashmir
Decided on: Dec-09-1997
Reported in: AIR1998J& K47
ORDERG.D. Sharma, J.1. In the above titled Election Petitions the counsel appearing for the respondents, namely, M/s. V. R. Wazir and S. Sethi have raised the preliminary objection that this court has got no jurisdiction to try these election petitions. According to them, these petitions have been assigned to the undersigned, who is only an Additional Judge and the order of assignment does not speak as to why in the absence of a permanent Judge the assignment was necessitated, in favour of an Additional Judge and as the assignment is without any reason so applying the ratio of the case of Krishan Gopal v. Parkashchandra, AIR 1974 SC 209, the assignment requires to be quashed and the petitions dismissed.2. The argument has been controverted by the counsel appearing for the petitioners in both the petitions as well as Mr. S. K. Anand, G.A. Mr. P. L. Koul, learned counsel for the petitioner Dhah Raj Bhargotra (E.P. No. 5/96) has contended that the ratio of the case of Krishan Gopal (supra...
- ‹ Prev
- 2
- Next ›
- Last »