Jammu and Kashmir Court February 2000 Judgments
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Regional Manager Vs. Mustaq HussaIn Mir
Court: Jammu and Kashmir
Decided on: Feb-28-2000
Reported in: AIR2001J& K66
Arun Kumar Goel, J.1. This appeal is directed against the order passed by the J. and K. State Consumers Protection, Jammu, (hereinafter referred to as the State Commission) in complaint No. 281/1993 on 17-12-1997. By means of impugned order a sum of Rs. 3.75 lakhs with 18% interest per annum from the date of incident i.e. 4-3-1993 till the date of final payment, has been allowed in favour of the respondent and against the appellants.2. Brief facts giving rise to this case are that a complaint was filed on behalf of the respondent against the appellants alleging that there is deficiency in service on their part (appellants) because they failed to settle the claim of the respondent, therefore, necessity of filing the complaint as per provisions of J. and K. Consumer Protection Act, 1987. Respondent claims that he had insured stocks in trade in the shape of cloth with the appellants-Insurance Company at its Batmaloo Branch, Srinagar. Sum insured was Rs. five lakhs vide policy No. 111403an...
Farid Khan Vs. State of J. and K.
Court: Jammu and Kashmir
Decided on: Feb-22-2000
Reported in: 2000CriLJ2680
ORDERSyed Bashir-Ud-Din, J.1. This revision is on board from October, 1987. After the motion stage, neither the petition nor his counsel has appeared. The counsel is dead. Respondent/ State has not also appeared after 10-9-1998, despite number of opportunities being given to revision petitioner and defence. Neither party has opted to appear and avail of the opportunities either in person or through counsel. It is in these circumstances that the record has been perused and trial Court file has been also minutely examined.2. The revision petitioner, an accused in Criminal case No. 54/87, under Section 457/380, RPC, (FIR No. 106/87, Registered at Police Station, Pahalgam), was booked in a case of theft in a shop owned and occupied by one Rafiq Ahmad at Aishmugam on 19-8-87. The revision petitioner on his request and presentation was tried and awarded one month's rigorous imprisonment and a fine of Rs. 100/- under Section 457, RPC, and two months and a fine of Rs. 200/- under Section 380, ...
Prabh Dayal and ors. Vs. R.S. Sachdeva and ors.
Court: Jammu and Kashmir
Decided on: Feb-15-2000
Reported in: 2001CriLJ2738
1. What is the scope of Section 19 of the J. & K. Contempt of Courts Act, 1997 (hereinafter referred to as the State Act), is an issue which requires to be settled in these appeals. A learned Single Judge of this Court expressed an opinion that no case is made for exercising contempt jurisdiction. The appellants have preferred these appeals. The short question which is required to be gone into is : as to whether an appeal would lie when a learned Single Judge of this Court has come to the conclusion that no case is made out for exercising the jurisdiction to punish for contempt. An ancillary question would arise as to whether a person in whose favour some directions have been given, can be left high and dry, without any remedy. Before noticing this aspect of the matter, it would be apt to notice Section 19(1) of the State Act. This provision reads as under :19. (1) An appeal shall lie as of right from any order or decision of the High Court in the exercise of its jurisdiction to punish...
Mohammad Yousuf Dar Vs. Oriental Insurance Co. Ltd.
Court: Jammu and Kashmir
Decided on: Feb-03-2000
Reported in: AIR2000J& K77
Syed Basihir ud-Din, J. 1. The Appellant raised claim and lodged a complaint with Jammu and Kashmir State Consumer's Protection Commission. Sriiiagar, (hereinafter for short State Commission), for insurance claim and compensation in the sum of Rs. 7,38,683.OO/-as assessed by one Mr. H. Kanan, loss assessor and valuer of the Oriental Insurance Co. and approved by Divisional Manager, in August. 1996. The claim was advanced in connection with property covered by Insurance Policy No. 23424/ 11/96 00635/23424, Sgr. subsisting between 1-11-1995 to 31-10-1996. in respect of a residential building situated at Jogitiyal Haihama, Kupwara. The fire incident of 27-12-1995 destroyed the whole building with house-hold goods.2. Before the State Commission, the Opposite party. Oriental Insurance Co. did not opt to contest the claim. Neither written statement was filed nor any evidence was led by the Opposite party State Commission, on examining the matter and the file of Oriental Insurance Company, O....
Mohd. Nasir and anr. Vs. District Judge and anr.
Court: Jammu and Kashmir
Decided on: Feb-02-2000
Reported in: (2002)ILLJ266J& K
ORDERO.P. Sharma, J. 1. Both these petitions involve common question of law and fact because what arises for consideration is, whether in the absence of compliance of Section 17(1-A) of the Payment of Wages Act, an appeal could be entertained under Section 17 of the Act. Section 17(1-A) reads as under:'17(1-A): No appeal under Clause (a) of Sub-section (1) shall lie unless the memorandum of appeal is accompanied by a certificate by the authority to the effect that the appellant has deposited the amount payable under the direction appealed against.'This provision has been held to be mandatory. It is admitted that the (sic) before the appellate Court did not (sic) the provision. This fact was noticed by the appellate Court by observing as under:'Under Section 17(1-A) of the Act no appeal shall lie unless memorandum of appeal is accompanied by a certificate by the authority to the effect that the appellant has deposited the amount payable under the direction appealed against. Therefore, i...
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