Jammu and Kashmir Court August 2001 Judgments
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Dr. Mohammad Afzal Khan Vs. State of J. and K. and ors.
Court: Jammu and Kashmir
Decided on: Aug-27-2001
Reported in: AIR2002J& K36
ORDERSyed Bashir-ud-Din, J.1. Petitioner's residential house is in Plot No. 15-E of Rawalpora Housing Colony on the plot allotted to him by the State Government. Adjacent to this plot is another residential Plot 15-F allotted to one Mr. D.N. Kaul. The respondent No. 5 as attorney oft his D.N. Kaul, on 14-5-1998 obtained permission to raise the building. Petitioner finding that no set baek is left on his side of plot and house towards north in violation of the said building permission order (granted under J. & K. Town Planning Act, 1963) filed a suit for injunction before Municipal Magistrate, Sub-Judge. Srinagar. He got an interim order for stay of building activities on the said plot. On appeal while the matter was remanded by the Appellate Court of 4th Addl. District and Sessions Judge. Srinagar. the embargo on construction was lifted with direction to strictly raise the construction in terms of the building permission. In the meanwhile. Dr. D.N. Kaul. though respondent 5 filed a fre...
United India Insurance Co. Ltd. Vs. Presiding Officer, Motor Accidents ...
Court: Jammu and Kashmir
Decided on: Aug-13-2001
Reported in: I(2002)ACC206,II(2002)ACC597,2002ACJ206
Syed Bashir-Ud-Din, J.1. The Motor Accidents Claims Tribunal, Baramulla awarded interim relief of Rs. 50,000 to respondent Nos. 2 and 3 in Claim Petition No. 33 of 1997 in respect of one Bashir Ahmed who died due to vehicular accident caused by vehicle with registration mark and number JK 01-B 3283 owned by respondent Nos. 4 and 5 and insured with writ petitioner insurance company. The order has been passed on 25.6.1998 under Section 140, Motor Vehicles Act.2. Writ petitioner filed an application before M.A.C.T., Baramulla seeking revocation of order of grant of interim relief. However, the application upon hearing was dismissed on 7.6.2000 and insurance company (writ petitioner herein) was directed to pay interim award. Both orders are impugned in this petition on the ground that the vehicle involved in the accident was insured with petitioner company a little after the time of accident. In para 4 of the petition it is stated that the accident in question had taken place at 11.45 a.m....
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