Jammu and Kashmir Court May 1998 Judgments
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Z.S. Traders Vs. Director, Siemens Ltd., New Delhi and anr.
Court: Jammu and Kashmir
Decided on: May-29-1998
Reported in: AIR2000J& K13
Syed Bashir-ud-Din, J.1. In this appeal order dated 14-8-1997 of Jammu and Kashmir State Consumers Protection Commission, (hereinafter for short State Commission), established under the provisions of Jammu and Kashmir Protection Act, 1987 (hereafter referred as Act) of dismissal of complaint of Appellant for recovery of cost of X-Ray Plant supplied by Respondent No. 1 to Appellant (with charges incurred in transportation) or return of this alleged defective plant and for compensation.2. The factual matrix of the case necessary for our present purposes, follow hereafter.3. Z.S. Traders, a Pharmaceutical distributing concern with its principal place of business at Municipal Road, Srinagar (facing District Police Lines, Srinagar) through its proprietor, on discussions and understanding with one Mr. Muzaffer Iqbal, Respondent No. 2, Engineer-cum-Representative of SIEMENS Ltd. Respondent 1, placed an order with Respondent No. 1 on 27-8-1994 for supply of X-Ray Plant 300 MA (Polyskop II) inc...
State Bank of India Vs. Sharma Provision Store and anr.
Court: Jammu and Kashmir
Decided on: May-29-1998
Reported in: AIR1999J& K128
Arun Kumar Goel, J.1. This appeal is directed against the judgment passed by Additional District Judge Kishtwar in suit No. 21/civil on May 25,1996. By means of impugned judgment while passing ex parte decree for Rs. 22,347/- against defendants future interest has been reduced to 6 per cent instead of 14 per cent as claimed in the suit. Interest has been allowed from the date ofInstitution of the suit till realisation of the decretal amount. Defendants have also been burdened with costs of the suit. According to appellant-Bank interest ought to have been allowed at the rate of 14 per cent with quarterly rests as claimed.2. Facts in this case are within narrow compass. A suit came to be filed by the appellant against respondents. Respondent No. 1 is the sole property concern of Surjit Kumar and he approached the appellant for grant of Rs. 15,000/-as loan being an educated youth belonging to village Thakrai, Tehsil Kishtwar. This loan was availed by respondent No. 1 for commercial purpos...
Bashir Ahmad Shah Vs. State of Jammu and Kashmir
Court: Jammu and Kashmir
Decided on: May-27-1998
Reported in: 1999CriLJ1717
ORDERG.L. Raina, J.1. While facing trial in Sessions Case No. 49/96 on the dockets of Sessions Judge, Baramulla, the accused's attempts to secure bails aborted as the trial Court turned down his two successive applications to that effect. It is thus that the accused has come up seeking indulgence so that he gets bailed out from incarceration pending determination of his guilty. 2. In order to dispose of a bail motion reference to the broad features of the case cannot be avoided. Reference to the nature and character of the evidence sought to be relied on to sustain the charge is inevitable as Section 497, Cr.P.C. creates the bar to the exercise of discretion to grant bails in cases where reasonable grounds exist to believe that the accused person(s) is/are guilty of the offence punishable by death or imprisonment for life: The formation of this belief depends on the evidence to be offered by the prosecution to prove the charge.3. The Court has thus to consider the nature and the charac...
Abdul Rehman Reshi Vs. Bashir Bhat and ors.
Court: Jammu and Kashmir
Decided on: May-27-1998
Reported in: 1998CriLJ4477
ORDERG.L. Raina, J.1. This revision petition calls in question the legality of the order dated : 12-9-97 passed by Sessions Judge Anantnag in Sessions case No. 11 of 1997 titled State v. Nazir Ahmed.2. On considering of the evidence collected during investigation and on application of the case law to the facts of the case, the Ld. Sessions Judge held accused A-1 to A-4 prima facie guilty of the offences punishable under Sections 148, 323, 341, 366 and 302 read with 34 R. P.C. whereas the rest of the accused in the case, A-5 to A-15, came to be ex-facie saddled with the criminal liability of having committed the offences punishable under Sections 148, 323, 336 and 341 R.P.C. The trial Judge accordingly drew up, vide the impugned order, the formal charges against the accused persons. The order has thus the effect of discharging the accused A-5 to A-15 for the offence punishable under Section 302 read with 149 R.P.C. Hence this revision motion, which has been filed by the complainant, a p...
Shakuntala Devi and ors. Vs. Jagdish Chander and ors.
Court: Jammu and Kashmir
Decided on: May-26-1998
Reported in: AIR1999J& K36
ORDERG.D. Sharma, J. 1. This is a Second Civil Appeal against the judgment and decree dated 25-11-1997 passed by the learned Addl. District Judge, Jammu whereby the appeal of the appellants against the judgment and decree dated 31-5-1997 of the Court of first instance i.e. City Judge, Jammu was dismissed. The substantial questions of law formulated in the memo of appeal are to the following effect: (1) Whether the service of notice of ejectment on one of the legal heirs of the original tenant can be a service of notice on all the tenants and in this manner the tenancy stands terminated? (2) In a suit for ejectment whether without examining the person for whom the premises are required a decree passed for personal requirement is valid? (3) Whether the suit for ejectment can be filed in respect of only one room when the tenancy comprised of rooms, terrace, kitchan as well as bath room.? 2. The relevant facts of the case are that respondents No. 1 & 2 instituted a suit for ejectment agai...
Bank of India Vs. Rakesh JaIn and ors.
Court: Jammu and Kashmir
Decided on: May-26-1998
Reported in: AIR1999J& K50
G.D. Sharma, J. 1. This appeal is directed against the judgment and decree dated 27-4-1988 passed by the learned Second Additional District Judge, Jammu whereby he decreed the suit of the appellant herein against the respondents in the amount of Rs. 1,19,234.68 paise. No future interest was granted. The decretal amount was made payable by instalment to the tune of each instalment of Rs. 2000/- per month coupled with the sate proceeds of the Mini Bus No. JKQ-1873, Engine No. 07-102132, Chassis No. 07-102132 which stood financed by the appellant. In case of defaults of making two instalments, the whole decretal amount was made payable in lump sum. 2. The judgment and decree has been challenged on the simple question that the trial Court has committed a legal error in not awarding any future interest and that the instalment is very meagre and the decretal amount can fetch more amount in the market if given on loan. 3. Heard the arguments. Counsel for the appellant has contended that trial...
Kranti Ghosh Vs. Jammu Development Authority and ors.
Court: Jammu and Kashmir
Decided on: May-22-1998
Reported in: AIR1999J& K84
ORDERT.S. Doabia, J. 1. A piece of land measuring 38600 sq. feet located at Railway Head Complex was offered to the prospective purchasers in an open auction to be conducted by the Jammu Development Authority (hereinafter as referred to as Development Authority). Petitioner took part in the process. He was the highest bidder. His bid was accepted. He was directed to deposit 1/4 of the amount. Remaining amount was to be deposited in three instalments. Petitioner obtained possession of the site. He started the construction process in the year 1986. There is no dispute so far as this auction and obtaining possession of the land referred to above to the petitioner is concerned. 2. What led the petitioner to file this petition was alleged denial of some promise said to have been extended to him, Petitioner submits that the Development Authority assured the petitioner that adjoining plot measuring 4.5. kanals would also be allotted to him for Hotel purposes. It is stated that the site in que...
Miss. Fozia Turk Vs. State of J. and K. and ors.
Court: Jammu and Kashmir
Decided on: May-20-1998
Reported in: AIR1999J& K52
ORDER1. The facts which have given rise to the instant petition are that the petitioner applied in pursuance to a notification for admission to the MBBS course for the session 1997-98 and came to he selected among others vide Notification No. 7/MBBS/BDS/CAEE of 1998 dated 24-2-1998 under STGB category on the strength of certificate issued by respondent No. 7 under SRO 126. The selected candidates have been admitted to the college but to the exclusion of the petitioner. Mr. Kawoosa, AAG has filed objections which have been considered, case for admission is made out. The writ petition is admitted to hearing. Mr. Jawoosa. AAG accepts notice, objections filed by him arc supported by an affidavit which arc treated as his counter. Mr. Qadri learned Sr. AAG has appeared for respondent No. 8 whereas Mr. G. AM. GA for respondents 6 and 7, respondents 4 and 5 are yet to cause appearance. 2. The respondents 1 to 3 have admitted that the petitioner stands selected to the MBBS course. It is also ad...
Mir Abdullah Vs. the State and ors.
Court: Jammu and Kashmir
Decided on: May-18-1998
Reported in: 1998CriLJ4654
ORDERSyed Bashir-Ud-Din, J.1. The detention of Mir Abdullah on 28-7-97 under orders of District Magistrate Pulwama for a period of 24 months with a view to prevent him from acting in a manner prejudicial to the security of the State (Annexure A) is challenged on following grounds :-2. That the detenu has not been furnished order of detention, copy of FIR or the dossier and thereby he has been prevented from making an effective representation to the Government. The detaining authority has not applied its mind to the case and proper subjective satisfaction as envisages by the provisions of Public Safety Act has not been drawn. The detenu though, facing trial in regular case FIR No. 105/97 has been still held without any explanation in preventive custody. The petitioner's case has not been referred to the Advisory Board and the order of detention has not been confirmed within time.3. Respondents through one Dr. A.B. Sofi under Secretary to the Home Deptt. has filed counter. The detention ...
National Insurance Co. Ltd. Vs. Bashir Ahmad Gojri and ors.
Court: Jammu and Kashmir
Decided on: May-11-1998
Reported in: 2000ACJ1108
Syed Bashir-Ud-Din, J.1. This appeal is against the award of Motor Accidents Claims Tribunal, Srinagar passed on 7.3.89 in Claim Case No. 160 of 1985 on the file of the Tribunal, whereunder the claimants three brothers and two sisters of deceased Abdul Rashid Parra have been awarded compensation of Rs. 2,65,000, with 12 per cent interest from the date of filing of the claim petition till realisation of the amount with costs. The amount of compensation to be shared between brothers and sisters is in the ratio of brother getting two shares and sister one share.2. The necessary facts which require to be taken note of for purpose of this appeal, are that, one Abdul Rashid Parra, brother of petitioners, was coming towards the Tourist Reception Centre on a bike on 18.10.1984, when at the crossing on the main road on the Golf Ground side, he was hit by vehicle bearing registration mark and No. JKC 3910 bus plied and driven by respondent No. 1 negligently. The driver ignored the traffic signal...
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