Jammu and Kashmir Court August 1998 Judgments

The State Vs. Mohd. Akbar and ors.

Court: Jammu and Kashmir

Reported in: 1999CriLJ1121

G.D. Sharma, J.1. The State has filed Acquittal Appeal (No. 20 of 1995) against the judgment dated 24-11-1994 passed by the learned Sessions Judge, Poonch whereby he acquitted the respondents herein. It is stated that the trial Court has committed error in appreciating the evidence and the law.2. On behalf of the respondents, IA-1 /96 was presented by Mst. Zainab Bi, who is the complainant in this case wherein it is stated that during the currency of this appeal the parties have entered into a compromise and they want to compound the offences under Sections 323/395, RPC because the parties reside in the same village and this litigation which was started in the year 1988 is proving as a stumbling block for restoring their age old brotherhood and the complainant who is now an old lady and bed-ridden wants to die peacefully after the village Panchayat had settled the differences between them and the parties want to live in peaceful atmosphere in future as well.3. Instances are given of th...

Nawaz-ul-haq Vs. State of J. and K. and ors.

Court: Jammu and Kashmir

Reported in: 2000CriLJ420

ORDERG.D. Sharma, J. 1. This petition under Article 226 of the Constitution of India read with Section 103 of the constitution of Jarnmu and Kashmir has been filed by the detenu (Nawaz-ul-Haq) praying to quash the order of detention bearing No. DMS/PSA/436/93 dated 4-11 -1995 (passed by respondent No. 2 under Section 8(2) of the J&K; Public Safety Act (Act No. 6 of 1978)) (hereinafter referred to as 'the Act'). The grounds which led to the passing of the impugned order are that the detenu became a member of the outlawed militant organisation, namely, Al-Zahad and obtained training in handling arms and ammunitions. Initially, he had been distributing anti-India Literature and pasting the posters and motivating others to join mitancy but later on started giving food, clothing and shelter to the militants. Because of mounting pressure of the security forces, the detenu in the month of August, 1995 surrendered before the Border Security Force authorities and was released on the same day. I...

Mohammad Sideeq Nath and anr. Vs. New India Assurance Co. Ltd. and ors ...

Court: Jammu and Kashmir

Reported in: 2000ACJ1425

Syed Bashir-Ud-Din, J. 1. On Uri-Baramulla Road at Dandanakhan Sheeri passenger bus No. JKO 726 while plying on road on 7.6.1989, met a fatal accident when boulder(s) struck the vehicle and the vehicle was flung into nalla, resulting in deaths and injuries to a number of passengers. The respective heirs of the dead passengers filed claim petitions before Motor Accidents Claims Tribunal (District and Sessions Judge), Baramulla. Simultaneously with the main claim petitions applications for interim award were also filed. The Tribunal on 16.6.1997, ordered the payment of interim award of Rs. 25,000 in favour of the heirs of the deceased passengers to be shared by the insurance company and owner of the vehicle in the ratio of 3:2. In other words sums of Rs. 15,000 and Rs. 10,000 were to be borne by insurance company and owner respectively. Payment of this Rs. 10,000 part of the interim award by the owner has been challenged in appeal before this court. The orders providing interim award to ...

Ghulam Mohammad Malla Vs. Mst. Halima and anr.

Court: Jammu and Kashmir

Reported in: 1999CriLJ1109

ORDERSyed Bashir-Ud Din, J.1. First Additional District and Sessions Judge Srinagar, has made reference in terms setting aside and modifying orders dated 20-5-1998 and 28-5-1998, passed by City Munsiff, Judicial Magistrate, Srinagar, in Section 488 Cr.P.C. enforcement proceedings whereunder, Ghulam Mohammad Mala has been sent to Jail for nonpayment of the accumulated maintenance charges of Rs. 50,000/- which the said Ghulam Mohammad Malla was ordered to pay to his wife and child. Both Mst. Haleema wife and Gull Adil minor son of Ghulam Mohammad Malla were awarded monthly maintenance of Rs. 400/- and Rs. 300/-respectively under Section 488 of Cr.P.C. on 4-5-1996, from the date of application namely, 8-2-1988. As the said Ghulam Mohd. Malla failed to pay the accumulated maintenance, the Munsiff, Judicial Magistrate, on proper motion passed an order on 20-5-1998, holding husband liable to pay Rs. 50,000/- as arrears of maintenance, due to the mother and the child. Since Ghulam Mohd. Malla...

Joginder Lal Kuthiala and ors. Vs. Administrator, Jammu Municipality a ...

Court: Jammu and Kashmir

Reported in: AIR1999J& K47

ORDERT.S. Doabia, J. 1. The circumstances underwhich this petition has come to be filed be noticed : The petitioners submitted an application seeking permission to raise construction on a piece of land measuring 3 Kanals and 19 marlas. This land is said to be located in Khasra Nos. 381 Min, 382-Min and 385-Min. This land was purchased by the petitioners through a registered sale deed; This is said to have been executed in their favour on 11-9-1997. The petitioners wanted to raise a 'Hall' to be used for devotional purposes. The requisite permission to raise the construction was given. The building plans were sanctioned. This sanction was granted on 14th May, 1998. When construction activity was taken in a hand, respondent No. 5 appears to have taken objection to the raising of the construction. This was on the ground that the part of the land which is subject-matter of sale deed referred to above was not owned by persons, who sold property. Some opinion was also expressed by the Nazool...

Th. Majra Singh and ors. Vs. Indian Oil Corporation and ors.

Court: Jammu and Kashmir

Reported in: AIR1999J& K81

ORDERT.S. Doabia, J. 1. The question as to where the plant for filling cylinders with 'Liquified Petroleum Gas' should be located, is the subject-matter of adjudication in this petition. 2. There can be no dispute with the proposition that this is basically a question which is to be decided by the respondent-authorities. This Court can only examine as to whether the respondent-authorities have taken all precautions with a view to see that the laws dealing with environment and pollution are given due care and attention. 3. The petitioner submits that the plant in question is being located in the vicinity of the Village Kartholi, Tehsil Samba in the District of Jammu. This would be injurious to the health of the residents residing in the local area. 4. The respondents have put in appearance. It is stated that all steps have been taken with a view to see that there is no hazard caused to the residents of the local area. It is also stated that all safeguards which are required to be taken ...

Smt. Kanta Devi Vs. Maan Singh

Court: Jammu and Kashmir

Reported in: 1999CriLJ951

ORDERG.D. Sharma, J.1. This revision petition is directed against the order dated 31-1-1996 passed in revision by the learned Sessions Judge, Jammu against the order dated 6-8-1994 of Munsiff, Judicial Magistrate 1st Class, Jammu whereby the petition of the petitioner herein made under Section 488, Cr. P.C. for the grant of maintenance allowance was dismissed. The Magistrate had at the first instance dismissed the petition and then in revision, the order was upheld. It has been contended that both the Courts below have fallen into error in appreciating the legal position with regard to the grant of maintenance allowance because the law favours that in case the parties had lived as husband and wife for a long time then the neglected wife by the husband is entitled to the maintenance because long cohabitation gives a presumption of marriage.2. Heard the arguments.3. The counsel appearing for the petitioner herein has contended that when an attempt is made by the delinquent husband to neg...

Dhan Raj Bargotra Vs. Election Commission of India and ors.

Court: Jammu and Kashmir

ORDERG.D. Sharma, J. 1. The petitioner on 21-5-1997 made this application (IA-1/97) wherein permission for withdrawing the election petition is prayed. The reason assigned is that the petition was still at the stage of serving the notices on respondents and their presence was awaited so the petitioner may be granted the permission for withdrawing the election petition. 2. Notice of this application was given (as prescribed under Section 115 of the J & K Peoples Representation Act (hereinafter referred to as the 'Act') to the respondents of the election petition and in response respondent No. 15 (Mr. G. R. Asgar) filed objections wherein he pleaded that permission for withdrawal may be withheld as the petitioner has been 'induced by bargain and consideration' to make such an application. It was pleaded that the petitioner had come in the Court with specific allegations of corrupt practices which included booth capturing, use of muscle and money power etc. by respondent No.5 (who is a re...

inspector, Customs and Central Excise Vs. Jagdev Singh Alias Jaba and ...

Court: Jammu and Kashmir

Reported in: 1999CriLJ365

ORDERG.L. Raina, J.1. Is a case for the offence(s) punishable under the Narcotic Drugs and Psychotropic Substance Act, 1985, (hereinafter referred to as 'the Act') triable by an Additional Sessions Judge?This is the question that has to be addressed in this reference, made by the Sessions Judge, at Jammu.2. On a complaint for the offences punishable under Sections 8, 21, 23 and 25 of the Act having been filed, it got committed for trial to the Court of Session at Jammu. The Sessions Judge assigned/transferred the case for trial to the Additional Sessions Judge. Formal charge-sheets for the offences punishable under Section 8 read with Sections 21, 23 and 25 of the Act were drawn up against the available accused persons (one of the accused having been declared absconder). The accused pleaded not guilty to the charges whereat the trial commenced.3. It was on 30-1-1996, when the case had reached/ripened for final hearing that the Additional Sessions Judge submitted the record to the Sessi...

Farooq Ahmed Bhat and ors. Vs. State of J. and K. and anr.

Court: Jammu and Kashmir

Reported in: 1999CriLJ1144

ORDERG.D. Sharma, J.1. This revision petition is directed against the order dated 7-11-1997 passed by the learned Chief Judicial Magistrate, Udhampur whereby the release of the trucks (bearing registration Nos. JKO1A-2825; JKO3-1133 and JKO3-352) sought under the provisions of Section 523, Cr. P.C. was refused. On 1-11-1997, the in charge Forest Officer, Forest Check Post, Sailan Talab, Udhampur had seized the trucks for the contravention of the provisions of Sections 6, 15 and 16 of the Forest Act. In the impugned order it is stated that the trucks were seized by a Forest Officer when they were found being used for transporting willow clefts in an unauthorised manner and as such liable to be confiscated under the provisions of the Forest Act and Section 523 of the Code of Criminal Procedure had no application. The petitioner Farooq Ahmed Butt was also found incompetent to make the petition under Section 523, Cr. P.C. as he was not the owner of the trucks which were owned by Abdul Raza...