Jammu and Kashmir Court March 1998 Judgments
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State of J. and K. Vs. Abdul Rehman and anr.
Court: Jammu and Kashmir
Decided on: Mar-31-1998
Reported in: 1998CriLJ3673
Arun Kumar Goel, J.1. This appeal is directed against the judgment passed by Sessions Judge, Bhaderwah dated 23-5-80. By means of impugned judgment, respondents who were tried and found guilty and then having been convicted for offences under Sections 380/411 of the RPC and were sentenced under Section 380 to one year rigorous imprisonment and also to pay fine of Rs. 200/-each, in default of payment whereof, they were required to undergo further rigorous imprisonment for three months each. In appeal both the respondents have been acquitted by the appellate Court below.2. Brief facts giving rise to this case arc that a complaint was lodged by Mahant Baba Sal Narayan PW 1 on the allegations that a theft had taken place from a locked room of the Dhram Shala while Mahant Baba Sat Narayan had gone to Tirath Yatra (pilgrimage). This complaint was made at Police Station, Bhaderwah on 10-4-71 on the basis of which came to be registered and...investigation of the case commenced Further case of ...
Shiv Kumar Sharma Vs. Wazir Ajay Vir Chand and ors.
Court: Jammu and Kashmir
Decided on: Mar-26-1998
Reported in: AIR1998J& K100
G.D. Sharma, J. 1. This is Civil 1st Appeal against the judgment and decree dated September 10, 1986 passed by the learned Additional District Judge, Jammu whereby he has decreed the preemption suit filed by Respondents Nos. 2 to 9. The facts of the case are that predecessor of Respondents Nos. 2 to 9, namely, Ved Parkash was a tenant of Respondent No. 1 in respect of two rooms and a Court-yard comprising of the house as delineated in the plaint. On 6-12-1979, the said house (inclusive of the demised premises) was sold by Respondent No. 1 to the appellant for a consideration of Rs. 20,000/-. The original owner had served ejectment notice on the said Ved Parkash whereby tenancy was terminated and he was asked to vacate the premises. Ved Parkash died and his legal heirs (Respondents Nos. 2 to 9) remained in possession of the demised premises and on sale of the house they filed suit for prior purchase of the demised premises. The suit was resisted by the appellant inter alia on various gr...
Madan Lal Vs. Jagdish Chander
Court: Jammu and Kashmir
Decided on: Mar-23-1998
Reported in: AIR1999J& K1
Arun Kumar Goel, J.1. This appeal is directed against the judgment and decree passed by District Judge, Udhampur, on 12-5-1981 there by upholding the decree of the trial Court dated 16-6-1979, where by the suit of the appellant (hereinafter referred to as 'the plaintiff') had been dismissed.2. This case has a chequered history and the facts relevant for determination of the present appeal need to be briefly referred to.3. Plaintiff filed a suit against the respondent (hereinafter referred to as 'the defendant') for ejectment from the premises in question which consists of one shop, verandah and an adjacent room. So far description of the tenanted premises and/or relationship of landlord and tenant between the parties is concerned, it is not in dispute. Similarly, rate of rent being Rs. 92/-per month is also not in dispute. Premises in question having been let out by means of a written document is also not in dispute between the parties, as would be seen from the pleadings filed by both...
Pt. Dev Dutt Vs. State of J. and K. and anr.
Court: Jammu and Kashmir
Decided on: Mar-23-1998
Reported in: AIR1999J& K58
R.C. Gandhi, J.1. Petitioner is seeking review of the judgment dated 6-2-1989 delivered by the Division Bench in LPA (C) No. 13/86 whereby the judgment dated 10-5-1986 of the learned single Judge passed in Arbitration Application No. 72/80, has been modified by disallowing items 13 and 14 of the claims awarded by the arbitrator, and made rule of the Court by the learned single Judge. He also seeks to grant interest at the rate of 18 percent against 6 percent per annum allowed by the learned single Judge, by allowing the cross-objections filed by him before the learned single Judge.2. Shorn of details the brief fact necessary for disposal of this review petition are : that a contract for the construction of part of Ravi Tawi Irrigation Complex including the earthwork and construction of concrete structures, was allotted to the petitioner which he could not complete within the stipulated period. A dispute having arisen, petitioner filed petition under Section 20 of the Arbitration Act (N...
Mohammad Farooq Ahanger Vs. State of J. and K. and anr.
Court: Jammu and Kashmir
Decided on: Mar-20-1998
Reported in: 1999CriLJ2437
ORDERSyed Bashir-Ud-Din, J. 1. Mohammad Farooq Ahanger has been detained by District Magistrate, Srinagar, respondent No. 2 on 3-5-1997 for a period of 12 months under the provisions of J, & K. Public Safety Act. This order of detention (DMS/PSA/ 36/97, dated 3-5-97) is challenged in this writ petition by the detenu through his father on following grounds:--That the detenu has not been supplied the order of detention, grounds thereof and material referred to in the grounds of detention. He has not been informed of his right of making a representation against the order to the Government. The detenu has not been made to understand the grounds of detention in his own language to enable him to make an effective representation. The detenu has been involved in some criminal cases which are pending investigation and before his detention he had been taken in custody in a criminal case in which he had not even applied for bail. The impugned order of detention is illegal and the detaining author...
Mulkh Raj Vs. Ram Kumar
Court: Jammu and Kashmir
Decided on: Mar-19-1998
Reported in: 1999CriLJ617
ORDERG.D. Sharma, J.1. This reference has been made by the learned Sessions Judge, Jammu wherein prayer is made to set aside order dated 2-8-1997 passed by the learned City Judge, Judicial Magistrate, 1st class Jammu whereby the latter dismissed the application made before him by the petitioner under Section 145, Cr.P.C. and directed the police concerned to deliver the possession of the premises to the respondent after handing over the material/articles lying in the store room to the petitioner. On refusal to accept the material/ articles there was a direction for handing over them on 'superdnarna' to a respectable person of the locality.2. The facts of the case briefly stated are that the petitioner vide duly executed rent note had taken on rent two rooms and a store on the ground floor of the building located near Mahalaxmi Temple, Pucca Danga, Jammu from Mulkh Raj Bhasin on a monthly rent of Rs. 200/-. Suit for ejectment was filed by the said owner Mulkh Raj Bhasin which is still pe...
Haji Ghulam Muhammad Shah Vs. District Magistrate Srinagar and anr.
Court: Jammu and Kashmir
Decided on: Mar-17-1998
Reported in: 1998CriLJ4289
ORDERSyed Bashir-ud-Din, J.1. The order of detention dated 12-4-1997 of one Ishtiyaq Ahmad Shah S/o Haji Gh. Mohammad Shah R/o Malik Saheb Nowhatla, Srinagar passed by District Magistrate Srinagar (Annexure-A) is challenged in this writ petition under Section 103 of the Constitution of Jammu and Kashmir State corresponding to Article 226 of the Indian Constitution on the following grounds :-The detenue Asstt. Executive Engineer, Srinagar Municipality was picked up by B.S.F-. 106 Bn. on the intervening night of 3/4 March, 1997 from his residence and was with them till 10-3-97 when he was handed over to Police Station Nowhatta. On 26-3 1997 detenue was admitted to bail by the Chief Judicial Magistrate, Srinagar after report was submitted to the Magistrate that he is involved in FIR 28/97 under Section 489(b), 121, 121(a), 122, 10/1 1,13 VLAP Act. However, he was not released. He continued to be in detention with J.I.C. Srinagar till 10-5-1997. It was only on 1 1-5-97 that he was shifted ...
Bansi Lal and anr. Vs. State of Jammu and Kashmir
Court: Jammu and Kashmir
Decided on: Mar-16-1998
Reported in: 1999CriLJ114
Arun Kumar Goel, J.1. Appellants have filed this appeal against the judgment dated 30-7-79 passed by the Sessions Judge, Kathua in File No. 8/ Sessions. By means of this judgment, both the appellants have been held to be guilty of having committed offences under Sections 366/376, RPC. For the offence under Section 366, each one of the appellants has been directed to undergo rigorous imprisonment for three years as well as and to pay fine of Rs. 200/- and in default of payment of fine, they have been directed to undergo further rigorous imprisonment for six months: whereas for the offence under Section 376, RPC, they have been directed to undergo rigorous imprisonment for five years and to pay fine of Rs. 5,00()/- and in default of payment whereof, they have been directed to undergo further rigorous imprisonment for six months. Both the sentences have been ordered to run concurrently.2. Brief facts of the prosecution case, out of which this appeal has arisen are that on 19-12-74, PW Ush...
N.D. Radha Krishen and Co. Vs. State of Jammu and Kashmir
Court: Jammu and Kashmir
Decided on: Mar-11-1998
Reported in: AIR1999J& K8
ORDERArun Kumar Goel, J.1. Heard learned counsel for the parties and have gone through the records of this case.2. Brief facts giving rise to this case are that Qazi Ghulam Rasool, Retired Chief Engineer, was appointed as a sole arbitrator with mutual consent of the parties, by this Court vide its order dated 27-2-1985 in Arbitration Petition No. 248 of 1983 for going into the disputes which had arisen between the parties. On receipt of intimation communicated through Deputy Registrar of this Court under his endorsement No. 17931 dated 27-3-1985, the arbitrator entered upon reference. Both the parties filed their claims/counter claims before the arbitrator and on conclusion of the arbitration proceedings, award was made and published by the arbitrator on 21-9-1989. the award was filed in the Court.3. Record of the case shows that award was received in the Registry of this Court on 22-9-1989 and objections were filed by the respondent/objector on 26-10-1989, reply to such objections of ...
Maan Singh Vs. Executive Engineer, Housing Board Division No. 1, Jammu ...
Court: Jammu and Kashmir
Decided on: Mar-11-1998
Reported in: AIR1999J& K115
Arun Kumar Goel, J. 1. This is a revision directed against the judgment dated 18-7-1995 passed by District Judge, Jammu, where by two separate appeals, one filed by respondent No. 1 and the other on behalf of respondent No. 2, have been allowed. 2. Brief facts giving rise to this revision are that Mann Singh, petitioner (hereinafter referred to as the plaintiff) filed a suit for permanent prohibitory injunction under Section 54 of the Specific Relief Act restraining the respondent No. 2 and its Executive Officer (hereinafter referred to as 'thedefendants') from interfering/demolition/altering the construction of the plaintiff in House No. 73-A, Gandhi Nagar, Jammu, on the basis that he is the owner of the said house and he had raised some kacha construction including shops towards the western side of his residential house for the last several years. Since the kacha construction including the shops had fallen due to heavy rains and were in dilapidated condition which resulted in the pla...
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