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Jammu and Kashmir Court June 1997 Judgments

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Jun 27 1997

Santokh Singh Vs. the State

Court: Jammu and Kashmir

Decided on: Jun-27-1997

Reported in: 1998CriLJ934

G.D. Sharma, J.1. The appellant, Santokh Singh, an octogenarian (89 years old), has been awarded capital punishment by the learned Ist Additional Sessions Judge, Jammu for murdering two young real brothers who were his nephews.2. The genesis of the incident is the internecine quarrel which took place on 27-5-1954 (43 years ago). On a trivial incident regarding the non-payment of a paltry amount of Rs. 5/-, the deceased Kahan Singh and Chain Singh were brutally done to death. The prosecution case is that the deceased Kahan Singh owed Rs. 5/- to one Lalman--a shopkeeper of the town of Samba. On Jeth 15, 2011 Bikrmi i.e. on the day of occurrence, the said Lalman came to the house of the deceased Kahan Singh and demanded the payment of the debt of Rs. 5/-. Kahan Singh pleaded the liquidation of the debt by stating that he had made the payment through the appellant but the said creditor denied its receipt. For verification, contesting parties called the appellant on the spot who admitted th...


Jun 25 1997

Romesh Kumar Lakra Vs. Baldev Raj Sawhney and ors.

Court: Jammu and Kashmir

Decided on: Jun-25-1997

Reported in: AIR1998J& K11

ORDERA.M. Mir, J. 1. This is a petition filed in terms of Sub-Rule 2 of Rule 11 of Order 21, Code of Civil Procedure, (hereinafter called the Code), for execution of a decree passed by this Court in Civil Original Suit No. 4 of 1968. This suit was filed by the non-applicant No. 1, Baldev Raj Sawhney, for declaration that partnership business of National Arms Co. as constituted by Partnership Deed dated 6th April, 1962, be declared as dissolved. Besides this, a relief of settlement of accounts was also sought by the plaintiff. Besides the applicant, Romesh Kumar Lakra, non-applicants 2&3 were arrayed as defendants in that suit. The parties to the suit compromised and as a result of that compromise a consent decree came to be passed on 6th of October, 1969. The relevant paras of the decree are as under :-- 1. The plaintiff Shri Baldev Raj Sawhney should deliver at actual cost price fifteen guns a month manufactured in that factory 'The National Small Arms Co' to Sh. R. K. Lakra, defendan...


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