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Jammu and Kashmir Court March 1997 Judgments

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Mar 25 1997

Jagdish Raj and ors. Vs. Additional District Magistrate and ors.

Court: Jammu and Kashmir

Decided on: Mar-25-1997

Reported in: 1998CriLJ792

ORDERG.D. Sharma, J.1. Through the medium of this revision petition, order dated 8-8-94, passed by the Additional District Magistrate, Jammu in revision petition (No. 18 Misc. titled State through Police Station, Bishnah v. Jagdish Raj and Ors.) is challenged. On 6-6-89, S.H.O. Police Station, Bishnah took cognizance of the complaint regarding the apprehension of imminent breach of peace in respect of the possession of land measuring 5 kanals 13 marlas comprising of Khasra No. 355 min situate in village Kharian, Tehsil R. S. Pura. The said S.H.O. on the same day, laid report before the Tehsildar Executive Magistrate 1st Class, R. S. Pura, who under Sub-clause (4) of Section 145, Cr. P. C. attached the above stated land along with structure standing thereon and kept the same on the 'sapurdari' of the S.H.O. The Magistrate directed the parties to file the objections on 20-6-89.2. The petitioners herein challenged the said order of attachment by filing revision petition before the learned...


Mar 14 1997

Royal Polytechnic College and Etc. Vs. State of J. and K. and ors.

Court: Jammu and Kashmir

Decided on: Mar-14-1997

Reported in: AIR1997J& K123

ORDERBilal Nazki, J.1. In all these petitions similar question of fact and law are involved. One of the Institutes, I am taking as model but the judgment shall apply to all the Institutions.2. Writ petitioners are Institutions imparting technical education. According to petitioners these Institutions are approved by .All India Council for Technical Education and are recognised by the State Government and are affiliated to J. & K. Board of Technical Education.3. According to petition titled Masterpro Institute and other, petitioner No. 1 started imparting education in 1994, petitioner No. 2 in 1993, petitioner No. 3 in 1989, petitioner No. 4 in 1993, petitioner No. 5 in 1985 and petitioner No. 6 in 1995. They imparted education of diploma's in various, disciplines for a duration of two to three years. These . Institutes have at present a roll of about 3000 students.4. It is submitted that till 1993 the management of the Institutions were making admissions to the courses available in the...


Mar 10 1997

Ved Parkash Sawhney Vs. Member, Special Tribunal and anr.

Court: Jammu and Kashmir

Decided on: Mar-10-1997

Reported in: AIR1997J& K129

ORDERBilal Nazki, J.1. The facts of the case leading tofiling of this petition are summarised, as under:The father of the petitioner was alloted land being Quarter No. 5 measuring 190 Sfts. quarter No. 6 measuring 225 Sfts., quarter No. 4 measuring 538 Sfts., open land measuring 3 Kanals, open land measuring 36 Square yards, w.e.f. 20-3-1950 by the Cantonment Board on lease basis. In sixties it was claimed by the Municipality Jammu that the property in question had been transferred by the Cantonment Board to the Jammu Municipality. Jammu Municipality found that the petitioner had violated the terms of the agreement, and therefore, the Municipal Council by a Resolution (being Resolution No. 37) on 30th of May, 1993, cancelled the lease. To give effect to the Resolution of the Municipality, an order was passed by the Executive Officer of the Municipality, directing eviction of the petitioners. This order was appealed against before the Minister for Local Self Government, who decided the ...


Mar 03 1997

Oriental Insurance Co. Ltd. Vs. Narinder Kour and ors.

Court: Jammu and Kashmir

Decided on: Mar-03-1997

Reported in: 1998ACJ1140,AIR1998J& K17

G.D. Sharma, J. 1. This appeal is directed against the award dated 7-5-1992 given by the learned Presiding Officer, Motor Accidents Claims Tribunal, Ramban, whereby he fastened the liability of the appellant to the extent of Rs. 50,000/- with interest @ 6% per annum till 1988 and thereafter @ 12% per annum till the payment is made. The appellant is the insurer of the offending vehicle tourist Bus No. 4199 JKN, which was owned by respondents 7 and 8. This accident took place on 24-3-1974 (about 23 years ago) on the Jammu-Srinagar National Highway at a place known as Digdol. Deceased Attar Singh was a contractor by profession and aged about 33 years. He was travelling as a passenger in the said bus, when the accident took place and died instantaneously. The accident was the result of rash and negligent driving of the said vehicle by respondent No. 5 (Om Parkash). Respondent No. 1 herein is the unfortunate widow and Respondents 2, 3 and 4, the unlucky orphans of the said deceased. Decease...


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