Jammu and Kashmir Court February 1998 Judgments
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Neel Kanth Vs. Dewan Chand
Court: Jammu and Kashmir
Decided on: Feb-26-1998
Reported in: AIR2000J& K47
ORDERG.D. Sharma, J. 1. This Civil Second Appeal has been filed against the judgment and decree dated 30-3-1996 passed by the learned 1st Addl. District Judge, Reasi whereby he affirmed the Judgment and decree dated 16-12-1987 passed by the learned Sub-Judge, Reasi. The factual matrix of the case is that respondent (landlord) purchased the suit shop from its original owners, namely, Bodh Raj and Des Raj which was occupied by the appellant as a tenant. After some time he filed the suit for ejectment on the basis of personal necessity. The suit was resisted and the following issues were framed :-- 1. Whether the Nazool Department is a necessary party and without impleading the same, the suit is not maintainable? OPD 2. Whether the plaintiff has no locus-standi to bring this suit? If so, how? OPD 3. Whether the notice is not in accordance with law? OPD 4. Whether the suit is not triable by this Court? If so, how? OPD 5. Whether the suit shop is reasonably required by the plaintiff for...
Kanchan Kumari and anr. Vs. University of Jammu and anr.
Court: Jammu and Kashmir
Decided on: Feb-26-1998
Reported in: AIR1998J& K51
ORDERT.S. Doabia, J.1. The petitioners' submit that they are entitled to the relief if totality of circumstances arc taken into consideration and, in any case, they submit that equity is in their favour. The circumstances under which this petition has come to be filed in this Court, be noticed :The petitioners sought admission in thediscipoine of B-Music. This is a five years course. Some papers are compulsory; and some papers have been described as subsidiary. Even in these papers, a candidate has to clear the examination. One latitude shown in this regard for a candidate who is unable to clear the subsidiary subject is that he is allowed provisional admission in the next class. This is true of the second year and also of the final class. The relevant stipulations in this regard is contained in para 12 of the Regulations. Copy of this is Annexure 'A' with the petition. It be further seen that there is a further provision in this very Regulation. This lays down that if a particular can...
Lalit Goel Vs. State of J. and K. and ors.
Court: Jammu and Kashmir
Decided on: Feb-26-1998
Reported in: 1998CriLJ3569
ORDERArun Kumar Goel, J.1. Heard learned Counsel for the parties and have gone through the records of this case.2. By means of present petition, prayer for quashing the proceedings registered against the petitioner vide F.I.R. No. 48 of 1997, dated 23-12-1997, under Sections 420. 467 Ranbir Penal Code and Sections 3/7 Essential Commodities Act has been made.3. Before appreciating the respective submissions urged by learned Counsel for the parties, brief fact s need to be noticed which are to the following effect:On 23-12-1997 F.I.R. No. 48 of 1997 came to be registered with Police Station, crime Branch, Jammu. Sum and substance of this report was that the pcliiioner was illegally getting sevens of 'Liberty' trade mark prepared, then after providing PVC soles, was also getting 'Liberty Shoes' manufactured locally. It was further alleged in . the complaint that except for soles, other material viz. leather etc was substandard. After obtaining these Liberty Shoes, petitioner, after gettin...
Karan Kumar Vs. Rajinder Kumar Gupta and ors.
Court: Jammu and Kashmir
Decided on: Feb-24-1998
Reported in: AIR1998J& K97
Arun Kumar Goel, J. 1. This appeal is directed against the judgment passed by District Judge. Jammu, on 26-10-1985, whereby suit filed by respondent No. 1 (hereinafter referred to as 'the plaintiff) against the appellant (hereinafter referred to as `the defendant') has been decreed ex parte.2. Brief facts of the case out of which this appeal has arisen, are that plaintiff filed a suit against defendant, wherein three other persons were arrayed as pro forma defendants namely Wazir Sansar Singh, Ex.-Sub-Afsar Singh and Harwant Singh. This was a suit for recovery of Rs. 22,826.40 with costs and interest. As per plaintiff, he was induced to purchase a plot of land measuring 50 x 25 ft. comprised in Khasra No. 23, having a room standing thereon, which was situated in Mohalla Rajpura Mangotrian, Jammu, for a sale consideration of Rs. 21,000/-, out of which the defendant received an amount of Rs. 2000/- as an advance and the balance was agreed to be received by the defendant at the time of ex...
Abdul Aziz Gatoo Vs. State of J. and K. and anr.
Court: Jammu and Kashmir
Decided on: Feb-24-1998
Reported in: 1998CriLJ4291
ORDERSyed Bashir-ud-Din, J.1.Through this writ petition under Article 226 of the Constitution of India read with Section 103 of Constitution of Jammu and Kashmir, the detention of Abdul Aziz Gatoo ordered by the District Magistrate, Anantnag for a period of 24 Months vide his Order No. F-69/DMA/PSA/ DET/97350-56 dated 8-5-1997 is challenged on the following grounds :-That the detenue has not been informed of his right to make representation against the order of detention to the Government and that the grounds of detention served in english on him have not been understood by him as he is by profession a tailor and an illiterate. The material and documents referred in the grounds of detention have not been supplied to the petitioner, thereby disabling him to make an effective representation to the Government. Besides, it is alleged that the detenue was not produced before the Advisory Board and that the order of detention has not been approved by the Government. The involvement of the de...
Vikram Trisal Vs. Union of India (Uoi) and ors.
Court: Jammu and Kashmir
Decided on: Feb-23-1998
Reported in: AIR1998J& K92
ORDERT.S. Doabia, J. 1. Counsels heard. 2. Petition admitted.3. With the consent of the learned counsel for the parties, this petition is taken up today for final disposal.4. A policy decision taken by the respondent-aulhorities in the matter of allotting STD, PCOs is the subject matter in this petition.5. On 24th July, 1993 a policy decision was taken. This decision was to the effect that educated unemployed persons can apply for the allotment of STD, PCOs. They were supposed to produce certificate indicating that they were not employed. These were to be endorsed by the local Member of Parliament, Member, Legislative Assembly or by Revenue authorities not below the Rank of Tehsildar. Some other functionaries werealso given the authority to issue the certificates. The qualification was mentioned eighth class or middle pass in Rural areas and matriculation or higher school and above in Urban areas. There is no dispute, so far as the above eligibility criteria is concerned. Challenge is,...
Ajay Singh Vs. State
Court: Jammu and Kashmir
Decided on: Feb-23-1998
Reported in: 1998CriLJ3178
ORDERArun Kumar Goel, J.1. Mr. Goni is permitted to file objections to the bail application in Court, which are taken on record.2. Heard learned Counsel for the parties and have gone through the records of the case.3. Facts which are not in dispute are that deceased Aparna was married to the petitioner on 21-1-1996, no dowry was taken by the petitioner at the time of his marriage. According to learned Counsel for the petitioner, it was a marriage without dowry and according to Mr. Goni dowry was not accepted with an ulterior motive, as father of the deceased was working at the time of marriage in the State Police as Deputy Inspector General of Police.4. Petitioner was arrested on 30-8-1997. On 29-8-1997 a telephonic information was received at Police Station Satwari, to the effect that the deceased had been brought to Medical College, Jammu, in an unconscious condition, where she later on breathed her last. Proceedings under Section 174, Criminal Procedure Code were undertaken and ther...
State of J. and K. Vs. Mohammad AmIn and anr.
Court: Jammu and Kashmir
Decided on: Feb-20-1998
Reported in: 1998CriLJ3197
Bhawani Singh, C.J.1. This appeal is directed against the judgment of Sessions Judge, Bhadarwah in File No. 2/Session of 1978 dated 10-3-1980 for conviction of accused Under Section 302/201, RPC, since trial Court convicted and sentenced them under Section 304-A and sentenced them to undergoing rigorous imprisonment for two years and fine of Rs. 500/- each, giving them benefit of the period spent by them in judicial lock-up.2. Briefly, the prosecution case is that Mst. Nagina (deceased) was married to Mohd. Amin (accused) and Mst. Panjabu is the mother of the. deceased, while Mst. Sakinais the mother-in-law. Deceased was brought up by Gani Khanday, since he married Panjabu after the death of her previous husband and she married Gani Khanday brother of the deceased husband. The couple had a child. On April 9,1978, she died. Gani Khanday and his wife came to the house of the accused, inspected the dead body and found some violent mark. The body was buried. Matter was reported to the poli...
Miss. Atya Shamim Vs. Deputy Commissioner/Collector, Delhi (Prescribed ...
Court: Jammu and Kashmir
Decided on: Feb-20-1998
Reported in: AIR1999J& K140
ORDERT.S. Doabia, J. 1. Having failed to persuade, respondent No. 5 to join him along with the minor daughter, the petitioner has sought a writ of 'Habeas Corpus' and 'Subjiciendum'. The respondent No. 5 however, submits that these proceedings lack sincerely and have been resorted to with an oblique motive; the motive being to exert undue pressure. It is accordingly submitted that the petition having not been initiated bona fide deserves rejection at the very threshold. A second petition bearing No. 695 of 1997 has been filed on behalf of the minor. She wants conferment of citizenship of this country.Reference to that would be made at appropriate place. Both these petitions concern the minor and are being dealt with together.Facts in HCW 846 of 1997 are as under :2. The petitioner is admittedly the father of a minor child. She was born out of a wedlock between the petitioner and respondent No. 5. The marriage took place in Delhi. This happened in 1984. The petitioner is a Pakistan nati...
New India Assurance Co. Ltd. Vs. Abdul Ahad Kanna
Court: Jammu and Kashmir
Decided on: Feb-18-1998
Reported in: AIR1998J& K104
Kawoosa, J. 1. This application for condonation of delay relates to the Civil 1st Miscellaneous Appeal No. 348/97 tiled by the applicant, New India Assurance Company Ltd. against an order passed by the J. and K. State Consumers Protection Commission, Srinagar. It may be worthwhile to mention here that the presentation note endorsed on the appeal show that the appeal was presented before the Registry on 23-9-1997. This application for condonation has been filed on 6-10-1997. 2. In the application, it is staled that the appeal was actually presented before the Receipt Counter of the Registry of this Court on 22-9-1997 at 3 p.m. However, owing to the non-availability of the Counter Clerk, the concerned Sectional Officer could not record the presentation on that day. The Clerk who presented the appeal on behalf of the Appellant before the Counter was given to understand that the date of presentation on the appeal would be recorded as 22-9-1997. Thereafter, it was only on 4th October, 1997 ...
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