Jammu and Kashmir Court November 2001 Judgments
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Life Insurance Corporation of India Vs. Bindu Bal and ors.
Court: Jammu and Kashmir
Decided on: Nov-29-2001
Reported in: AIR2002J& K61
ORDERTejinder Singh Doabia, J.1. When Bharat Bhushan Sharma, husband of respondent No. 1, filled the proposal form to get an insurance cover in the sum of Rs. 50,000/-, little did he realise that he would meet his end ten days later. This Bharat Bhushan Sharma was electrocuted on 20th March '97. On his death, the private respondents lodged a claim with the Life Insurance Corporation of India, [hereinafter referred to as the Corporation), This was not settled. The respondents preferred a complaint before the District Consumer Forum constituted under the Jammu and Kashmir Consumer Protection Act of 1987. The complaint was dismissed. An appeal was preferred before the Jammu and Kashmir Consumer Protection Commission. The Commission has allowed the appeal. It is the appellate order passed by the State Commission which is subject matter of challenge in this petition.2. The facts as are apparent from the original file, which has been produced, are as under :--i. The proposal form was filled ...
Habibullah Shora Vs. Jalla Bano and anr.
Court: Jammu and Kashmir
Decided on: Nov-19-2001
Reported in: AIR2002J& K101
ORDERMuzaffar Jan, J.1. Revision Petitions Nos. 48/ 2001 and 49/2001 have been filed to set aside the order passed by the III Additional District Judge, Srinagar dated 31-5-2001 to two civil suits titled Jalla Bano v. Habib Ullah Shora and Gh. Mohi-ud-Din v. Habibullah Shora. By this common order I propose to dispose of both the revision petitions.2. The parties are locked in litigation for more than 29 years over the ownership rights of a house situated at Jawahar Nagar, Srinagar. It appears that proceedings under Section 145, Cr. P.C. were also initiated in the year 1975 in respect of this property and the contest was taken right up to the Apex Court. The Apex Court in Criminal Appeal No. 20 of 1975 by.order dated 3-3-1976 directed as under :--The appellants shall continue in possession of the disputed property as agents of the Nazir who has been appointed as custodian by the Criminal Court under Section 145 of the Code of Criminal Procedure. The appellants agree and undertake to thi...
Perduman Krishan Khullar Vs. Union of India (Uoi) and ors.
Court: Jammu and Kashmir
Decided on: Nov-07-2001
Reported in: 2003(3)JKJ423
R.C. Gandhi, J.1. The Petitioner seeks issuance of Writ of Certiorari quashing Order No. PNRJ-1/J-F/1999-2000/720-21 dated 12. 10. 1999 and further writ of Mandamus directing the respondents to pay basic pension and gratuity less by the amounts which have already been paid by computing the same on the basis of the last pay drawn. 2. The petitioner joined the Forest Department in the year 1969 and retired on 31. 1. 2000, His pension papers were prepared and sent to the Accountant General who raised an objection that the pay of the petitioner has not been fixed correctly as per SRO 370/87. It has been fixed Rs. 2440/-per month instead of Rs. 2320/- per month and asked the department to furnish the due and drawn statement for effecting recovery. The Conservator of Forest vide his letter dated 17. 12. 1999 annexed as Annexure P. 6 with the petition, relying upon the Article 242 of J&K; Civil Services Regulations objected for re-fixation of the pay being earlier fixed in terms of the SRO-37...
State Vs. Prem Sagar
Court: Jammu and Kashmir
Decided on: Nov-07-2001
Reported in: 2002CriLJ4640
ORDERR.C. Gandhi, J.1. This Criminal Reference has arisen out of an order dated 30-5-1994 passed by the learned Judicial Magistrate 1st Class, Basohli, whereby he has discharged the accused and dismissed the challan presented by the police for prosecution of the accused under Section 457, RPC.2. This order was assailed in Revision Petition before the learned Chief Judicial Magistrate, Kathua who set aside the order of the learned Judicial Magistrate 1st Class, Basohli. The order of the learned Chief Judicial Magistrate was assailed before this Court by means of a Criminal Revision No. 89 of 1994, on the ground that the learned Chief Judicial Magistrate, Kathua has no power to set aside the order of learned Magistrate and he ought to have made reference to the High Court, in case the order of Magistrate warranted any modification/alteration. While noticing this legal defect in the order of the learned Chief Judicial Magistrate, Kathua, the High Court set aside his order and remanded the...
Surjeet Singh Vs. State and anr.
Court: Jammu and Kashmir
Decided on: Nov-06-2001
Reported in: 2002CriLJ4462
ORDERR.C. Gandhi, J.1. The controversy involved in this petition is that a challan has been presented for prosecution of the petitioner on the ground that he has allegedly forged the Rent Deed. Simultaneously, a suit titled Ram Chand v. Shiv Ram has also been instituted before the learned Munsiff, Kathua wherein issue No. 10 has been framed in the following terms :Whether rent note dated 30-3-1976 is forged and does not bind the defendant OPD. 2. Petitioner presented an application for dropping of the proceedings before the Chief Judicial Magistrate, Kathua where the petitioner is facing trial. The learned Magistrate after hearing the parties has come to the conclusion that it is not a case where proceedings could be dropped and dismissed the application vide impugned order dated March 15, 2001 which has been assailed in this petition.3. Heard the learned Counsel for the parties.4. Facts have not been disputed by the other side with regard to the institution of the suit and framing of ...
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