Jammu and Kashmir Court October 1999 Judgments
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Charan Dass and ors. Vs. J and K Special Tribunal and ors.
Court: Jammu and Kashmir
Decided on: Oct-21-1999
Reported in: 2003(3)JKJ82
O.P. Sharma, J. 1. The only question involved in the case is whether Section 30-A of the Evacuees (Administration of Property) Act, 2006 (for short Evacuee Act) can be invoked without availing remedy of appeal provided Under Section 30 of the Evacuee Act before approaching the revisional authority. Putting differently, is right of appeal is a bar to the exercise of revisional jurisdiction especially when the appellate and revisional authorities are different.2. Facts giving rise to this question are these. One Roshan Din resident of Tehsil Bishna applied for restoration of land Under Section 8 of the Evacuees Act. Custodian, Evacuees Property, Jammu rejected his application vide order dated 9.11.76. This order was set-aside by the Custodian General on 20.12.77 with a direction to conduct fresh enquiry. The petitioners herein challenged the order of the Custodian General in CIMA No. 31/78 which was allowed by this Court judgment dated 2.2.89 directing the custodian General to decide the...
Sabir Hajam and anr. Vs. the State
Court: Jammu and Kashmir
Decided on: Oct-21-1999
Reported in: 2000CriLJ2050
Syed Bashir-Ud-Din, J.1. In all six accused were tried in Sessions Case 9/1983, State v. Sabir Hajam and others, by District and Sessions Judge, Pulwama. Accused Gani Jaham, and Sabir Hajam, were convicted and sentenced to 10 years rigorous imprisonment under Section 304-I, R.P.C. Three accused Gulla Hajamli Hajam and Rashid Hajam, were convicted and sentenced to one year simple imprisonment under Section 323, RPC and accused Nazir Hajam has been acquitted. Against this judgment of conviction/acquittal dated 1-8-1985 and order of sentence dated 14-8-1985, accused Sabir Hajam and Gani Hajam filed criminal appeal 6/85, so far as their conviction and sentence is concerned. The State has also filed Criminal/Acquittal Appeal 28/85, against the said judgment and order. Gani Hajam, co-appellant in Criminal Appeal 6/85 and accused-respondent in other Appeal 28/85 has died during the pendency of the appeals. With the death of this coappellant, Criminal Appeal 6/85 has finally abated, so far as ...
Jawahar Lal Koul Vs. State of J. and K.
Court: Jammu and Kashmir
Decided on: Oct-20-1999
Reported in: 2000CriLJ3581
ORDER1. The question involved in the petition for quashing criminal proceedings is (1) Whether a person ceases to be a public servant as defined Under Section 21 of the Ranbir Penal Code after he superannuates from service and (2) Whether a public servant before he is asked to show cause for the failure to submit annual return can be prosecuted for the offence created by Section 11 of the Public Men and Public Servants Declaration of Assets and other Provisions Act, 1983 (for short Act of 1983).2. Both the questions have arisen because a case Under Section 11 of Act of 1983 read with Section 5(2) of Prevention of Corruption Act was registered against the petitioner in November, 1994 while he had retired from service in 1992. The allegation against the petitioner is that while serving as Divisional Forest Officer in the Forest Department at various places he failed to submit return of his assets and had therefore, violated Section 11 of the Act of 1983 which is a criminal misconduct wit...
Executive Engineer, Phe Dvn. Vs. Tarseem Lal
Court: Jammu and Kashmir
Decided on: Oct-20-1999
Reported in: 2003(3)JKJ40
O.P. Sharma, J.1. This appeal is Under Section 52 of the Land Acquisition Act. Land measuring 3 kanals 15 marlas comprising Kh. No. 2237/792 in village Nonath Tehsil Hiranagar was acquired by the State for construction of a Pump Room and Chowkidar quarter by the department of PHE. The Deputy Commissioner (Collector approved the compensation @ Rs. 9,000 per kanal. However, land owner was not satisfied and, therefore, applied for reference Under Section 18 of the Land Acquisition Act (for short the Act). The Collector made reference and the reference court vide award dated 27.3.98 enhanced the compensation from Rs. 9000 to Rs. 80,000 per kanal.2. The appellant challenges the award on the ground that respondent having claimed Rs. 50,000 per kanal in response to notice Under Section 9 of the Act, the award could not exceed the amount demanded in view of the bar of Section 25 of the Act. It is also challenged on the ground that market rate of the land in inferior cannot be determinative of ...
Harpreet Hosiery Rehari Vs. Nitu Mahajan
Court: Jammu and Kashmir
Decided on: Oct-18-1999
Reported in: 2000CriLJ3625
Arun Kumar Goel, J.1. This appeal is directed against the judgment passed by the learned Sub Judge, Judicial Magistrate, 1st Class, Jammu in a file No. 9/Criminal dated 27-3-95. By means of impugned judgment, learned trial Court had dismissed the complaint filed by the appellant under Section 138 of the Negotiable Instruments Act and 420, RPC.2. As per case of the appellant, respondent had issued six cheques of different amounts between 18-11-91 to 23-12-91. When these were presented for encashment, those were dishonoured. Amount covered by cheques related to purchase of hosiery goods and readymade garments by respondent from the appellant towards the price of such articles. Appellant further alleges that he was assured by respondent that whenever cheques are presented those would be encashed.3. It is in these circumstances appellant was induced to part with the goods. This was also alleged to be the result of dishonest intention of the respondent who never intended to pay the amount. ...
irshad Kohli Vs. State of J. and K. and ors.
Court: Jammu and Kashmir
Decided on: Oct-13-1999
Reported in: 2000CriLJ3623
A.M. Mir, J. 1. This revision petition is directed against an order passed by learned Sessions Judge, Jammu on 30-4-1999. The petitioner-accused, who claims to be a child, as defined under the Children Act, 1970 (hereinafter referred to as the Act), is standing trial in terms of Section 3/27 of Enemy Agents Ordinance Act read with other provisions. He filed an application before the trial Court for holding an enquiry with respect to his status as a child and granting him clemency of the Act. That application was rejected by the trial Court vide the impugned order. The only ground taken for such rejection was that two original certificates one issued by the School and other by the Numberdar concerned, were not produced before the Court below. This order has been challenged on the ground that the learned Sessions Judge did not take into account the scheme and object of the Act and enquiry as envisaged by the Act, was not conducted.Notice in this petition was issued to the State on 24-5-1...
Gulmarg Hotel Ltd. Vs. Oriental Insurance Co. Ltd.
Court: Jammu and Kashmir
Decided on: Oct-06-1999
Reported in: AIR2000J& K109
ORDERG.D. Sharma, J.1. The facts of the case briefly stated are as under :--The claimant is a private company known as 'M/s Gulmarg Hotel' and it used to carry hotel business on Bluevard road of the City of Srlnagar, The business of the Motel was insured against fire Insurance policy with respondents No. 1 covering a risk of Rs.77,00,000/- (rupees seventy seven lackhs). The allegations are that in the month of Sept. 1987, the premises were wholly gutted in fire. Preliminary Surveying was done by Mr. Pajnoo surveyor who reported total loss. The respondents deputed second surveyor who assessed the loss to the tune of rupees sixty nine lakhs. This report was partly accepted and initially an amount of rupees fourty lakhs was released. Meanwhile, verification of the loss was got done from the third sur-eyor namely, Mr. Bakshi who recommended true loss to the tune of Rs. 61,45,652/-. This report was received on 9-6-1991 and the remaining amount of Rs. 21,45,652/- was released. After its acce...
State of J. and K. Vs. Qazi Nazir Ahmad
Court: Jammu and Kashmir
Decided on: Oct-06-1999
Reported in: AIR2000J& K73
ORDERG.D. Sharma, J.1. Through the medium of this revision petition, order dated 8-4-1999 passed by the learned IVth Addl. District Judge, Srinagar (in Civil Misc. appeal title 'Director Food and Supplies Deptt. v. Qazi Nazir Ahmad, against the order dated 9-10-1998 passed by Sub Judge (CJM) Srinagar) is prayed to be set aside. The appeal was dismissed by the learned Judge.2. The factual matrix of the case is that on25-5-1998, petitionerNo. 2 (predecessora) invited the tenders for the supply of empty gunny bags of the year 1998-99. In terms of the notice of tender, only the registered firms/ contractors could take part of in the sale of empty bags which numbered 43,43,001. They were of different categories and lying in various godowns of the Food and Supplies Department. An approved tenders had to lift the bags from respective places. Earnest money of Rs. 10,000/- (rupees ten lakhs) in the shape of FDR, CDR drawn on any scheduled bank pledged to petitioner No. 2 had to accompany the te...
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