Jammu and Kashmir Court August 1997 Judgments
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Ghulam Mohi-ud-dIn Navchoo Vs. State of J. and K.
Court: Jammu and Kashmir
Decided on: Aug-21-1997
Reported in: 1998CriLJ2302
A.Q. Parray, J. 1. Despite the fact that case has been duly listed for final hearing today and the name of Addl. Advocate General has been shown in the cause list and a messenger was also sent to the Advocate General's office, neither anybody appeared for the State nor had anybody courtesy to cause his appearance in the matter. So the appeal is being decided without the assistance from the respondent/State.2. While advancing arguments, Mr. Qayoom appearing for the appellant submits that the appellant was previously working as cashier in the Industries Department and on his transfer, as alleged, he had not handed over the charge. In the meanwhile, new cashier who had joined the office in place of accused/appellant had encashed pay bills of the month of May 1973. This second cashier Noor Mohammad after having encashed bills and disbursement of pay dues had Rupees 6960/- as cash in hand. Noor Mohammad did not carry this cash to his home and as there was no chest handed over to him by the ...
National Insurance Co. and anr. Vs. Smt. Raj Dulari and anr.
Court: Jammu and Kashmir
Decided on: Aug-20-1997
Reported in: AIR1998J& K69
ORDERA.B. Qadir Parray, J. 1. This order will dispose of both the revision petitions referred to hereinabove. 2. The short point which is being projected before me is that the State Commissioner under the Consumers Protection Act has given award against the petitioner. That award was being challenged in appeal before a competent bench (Division Bench of this Court). That appeal is said to have been dismissed in limine. Now the Commission has started execution/recovery of the award amount and the recovery is being done in pursuance of the statute envisaged in this behalf, treating the award as a decree to be recovered as such in execution proceedings. The petitioner has challenged the process of execution initiated by the Commission by way of this revision. 3. Revision is neither maintainable on the count that there are no provisions which envisaged that the order passed by the Commission are revisable before this Court nor is this revision maintainable on the count that the award was a...
Abdul Ahad Najar and ors. Vs. Poshkar Nath Nehru
Court: Jammu and Kashmir
Decided on: Aug-14-1997
Reported in: AIR1998J& K50
ORDERAb. Qadir Parray, J. 1. By this order, I propose to dispose of all the three civil revisions referred to hereinabove. These revisions are directed against the order passed by the Court of City Judge, Srinagar in Civil Suit Nos. 22, 23 and 24 titled Poshkar Nath Nehru v. Abdul Ahad Najar, Poshkar Nath Nehru v. Gh. Ahmad Najar and Poshkar Nath Nehru v. Khaliq Najar. 2. In order to appreciate the matter at controversy, in its correct perspective, the brief facts of the case require to be narrated. 3. In a suit for ejectment pending in the trial court, application came to be filed under Section 12 (4) of the J & K Houses and Shops Rent Control Act, seeking a direction from the court, asking tenants to deposit arrears of rent and also to pay monthly rent in the Court. The said application was resisted by the tenants on the count that the tenants have deposited whatever rent was due from them before the Rent Controller. The trial Court having returned a finding that the deposit of rent ...
Sajal Gupta and ors. Etc. Vs. State of J. and K. and ors.
Court: Jammu and Kashmir
Decided on: Aug-05-1997
Reported in: AIR1998J& K1
Gandhi, J.1. These two Letters Patent Appeals are directed against the judgment and order dated 14-3-97 passed by the learned Single Judge whereby Writ Petition Nos. 64,27,72 and 59 of 1997 have been dismissed.2. A few facts nceessary for disposal of the appeals are that the appellants in LPA No. 187/97 arc the private institutes approved by the All India Council for Technical Education and affiliated with the J&K; State Board of Technical Education for imparting Technical Education in various Technical courses for a duration of 2 years and 3 years and have at their roll about 3000 students. The managements of these institutions till the year 1993 were making admissions to the courses available in the institutes for imparting technical education. In the year 1993 on 4-2-1993, the Hon'ble Supreme Court in case titled J. P. Uni Krishanan v. State of A. P. (AIR 1993 SC 2178) laid down a scheme for imparting education by the professional colleges in Medical and Engineering Courses and the ...
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