Jammu and Kashmir Court February 2002 Judgments
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National Industrial Corp. Ltd. Vs. State of Jammu and Kashmir and ors.
Court: Jammu and Kashmir
Decided on: Feb-26-2002
Reported in: 2003(2)JKJ490
H.K. Sema, C.J. 1. We have heard Mr. Sunil Sethi, learned counsel for the appellant, Mr. M.A. Goni, learned Advocate General for respondent Nos. 1 to 4 and Mr. P. Kohli, learned Senior Counsel for private respondent No. 5 at length.2. This appeal is directed against the judgment and order dated 21.9.2001 passed by the learned Single Judge in OWP No. 620/2001, dismissing the writ petition filed by the appellant.3. Shorn of necessary details, few facts leading to the filing of the present appeal may be recited.4. Appellant is a limited Company incorporated under the Companies Act, 1956 having its registered 'Office at Delhi and other offices and manufacturing unit at SIDCO Industrial Complex,. Phase-I, Lane IV, Bari Brahmana, Jammu. They established a bottling Unit for manufacture of Indian Made Foreign Liquor (IMFL) at SIDCO Industrial Complex, Bari Brahmana, Jammu. By Notification dated 26.4.2000 vide SRO No. 123 issued by the Government of Jammu and Kashmir, the local manufacturing Un...
Gh. Mohd. Shora Vs. Mohd. Shafi and ors.
Court: Jammu and Kashmir
Decided on: Feb-26-2002
Reported in: 2003(2)JKJ720
A.M. Mir, J. 1. A short legal point which emerges out of the proceedings is as to whether or not for every mode of transfer of Immovable property, a separate permission in terms of 2nd proviso of Section 3 of the J&K; Migrant Immovable Property (Preservation, Protection and Restraint on Distress Sales) Act, 1997 hereinafter called 'the Act' is required to be obtained.2. The respondent No. 1 who is the attorney holder of some migrants applied for permission in terms of Section 3 of the Act before the competent authority. The permission was not granted within the stipulated period of 15 days.3. The attorney of the land owner, executed a deed of relinquishment in favour of the petitioner and produced same for registration. The Sub-Registrar Srinagar refused registration of the document on the plea that the relinquishment deed was executed as a substitute and in disguise of a sale deed just for the purpose of saving court fee and stamp duty. However, during the course of proceedings before...
Ex-gnr. Mangatu Vs. Union of India (Uoi) and ors.
Court: Jammu and Kashmir
Decided on: Feb-25-2002
Reported in: 2003(2)JKJ560
T.S. Doabia, J.1. The facts as stated in the counter affidavit filed by the Union of India If taken note of makes it apparent that the present petitioner was enrolled in the Indian Army on 1.10.1942, as a non-combatant (boot maker) for the duration of the war and 12 months thereafter. He was later on mustered as a combatant w.e.f. 9.6.1945. This was done in terms of an order described as Annexure 2-ALFRO -- 392 of 1945. Thereafter, his services were brought to an end, as these were no longer required. This happened on 20-3.1955. The petitioner submits that he is entitled to pension. His claims have been negatived on the ground of delay and laches and also on the ground that the petitioner had not completed 15 years of service which period could have enabled the petitioner to earn pension, as a matter of right.The petitioner is invoking the provisions of Regulation 164 of Pension Regulations for the Army. According to the petitioner, there is a provision for special pension and this can...
Darshan Lal Vs. SaIn Dass and ors.
Court: Jammu and Kashmir
Decided on: Feb-22-2002
Reported in: 2002CriLJ3214
ORDERS.K. Gupta, J.1. Heard learned counsel for the parties and also gone through the record.2. By means of present petition, prayer for quashing the proceedings initiated before Executive Magistrate, Tehsildar, Bishnah under Section 145, Cr.P.C. and setting aside orders dated 17-8-2000 passed by Executive Magistrate, Tehsildar, Bishnah and 13-10-2001 by 2nd Additional Sessions Judge, Jammu, has been made. Before appreciating the rival contentions of the parties, brief facts need to be noticed, which are to the following effect.3. The petitioner, Darshan Lal and respondents 1 and 2, Sain Dass and Dass Ram, happened to be real brothers. The land aggregating 21 kanals situated at village Pindi Charkan Kalan, Tehsil Bishnah contained in Khasra Nos. 900, 960, 963, 974, 923, 961, 922, 924, 967, stood allotted to their father and thereafter ownership rights were also conferred upon their father. Their father, however, bequeathed the entire land in favour of the petitioner by executing a Will...
Anita Nargotra W/O Sh. Rajinder Nargotra and Two ors. Vs. Shri Rajinde ...
Court: Jammu and Kashmir
Decided on: Feb-22-2002
Reported in: 2003(1)JKJ587
S.K. Gupta, J.1. This Revision is directed against order dated 8-3-2001 formulated by Sub-Registrar Judicial Magistrate, ist Class, Jammu, whereby he has awarded an amount of Rs. 2,200/- per month as maintenance allowance to the wife and two minor children payable from the date of the order. 2. Facts relevant for the disposal of this Revision Petition put tersely are that Mrs. Anita Nargotra for hereself and guardian of two minor daughters, Arti and Rucheeta, commenced a petition under Section 488, Code of Criminal Procedure, 1989 (1983 A.D) (hereafter referred to as Code). In that petition maintenance was claimed of the three neglected and refused to be maintained by the respondent, Rajinder Nargotra. Onm the filing of the disclaimer hypersist.ed the grant of the maintenance allowance to the petitioners and after recording the evidence and hearing the rival contentions of the parties, the Judicial Magistrate awarded an amount of Rs. 2,000/-per month as maintenance payable from the dat...
Avtar Singh, S/O Balwant Singh Vs. Daljit Singh, S/O Trilochan Singh
Court: Jammu and Kashmir
Decided on: Feb-22-2002
Reported in: 2002CriLJ3057,2003(1)JKJ605
S.K. Gupta, J. 1. Through the currency ofthis Revision, Avtar Singh, petitioner, seeks the reversal of order dated 24-11-2001 propounded by Additional Sessions Judge, Jammu in a case entitled State Versus Daljit Singh, which is. proceeded on a police report. By the aforesaid order, the evidence of the prosecution' has been closed, which reads as under: 'APP present. Accused present. No. PW is present. The plea of the accused subsequent to framing of charge was recorded on 30-12-1997 and so the prosecution evidence is closed herewith as per the directions contained in AIR 1998 SC 3281. The file shall now come up for recording the statement of the accused Under Section 342. Cr.PC on 6.12.2001. 2. Facts relevant for the disposal of this Revision put tersely are that, on a complaint initiated by Avtar Singh, petitioner, before Chief Judicial Magistrate, Jammu, which stood endorsed to Police Station, Pacca Danga, Jammu for necessary action under Section 156(3) Cr.CP. A case un-der Section 4...
Kuldip Kumar S/O Sh. Makhuli Ram Sharma Vs. State of Jandk Through P/S ...
Court: Jammu and Kashmir
Decided on: Feb-22-2002
Reported in: 2003(1)JKJ577
S.K. Gupta, J.1. Aggrieved by order dated 27th September, 2001 formulated by Sessions Judge Udhampur in dismissing the appeal and confirming judgement dated 10-7-2000 propounded by Judicial Magistrate, Ist Class, Ramnagar by virtue of which he has convicted Kuldip Kumar, petitioner, in proof of offences under Section 377/342 RPC and sentenced to suffer two year simple imprisonment and a fine of Rs. 1,000/- under Section 377 RPC and in default of payment of fine to further undergo a simple imprisonment of one month and also sentenced for six months simple imprisonment and a fine of Rs. 500/-under Section 342 RPC and in case of default of payment of fine to also undergo 15 days simple imprisonment, with both the sentences to go concurrently, impugned their correctness in this appeal.2. The sheet anchor of the prosecution case that stems out of the record depicted in narration is that, Vijay Kumar, a child of eight years old had gone to a field for grazing his cattle in village Resain and...
Rajinder Nargotra, S/O Dina Nath Vs. Anita Nargotra, W/O Rajinder Narg ...
Court: Jammu and Kashmir
Decided on: Feb-22-2002
Reported in: 2003(1)JKJ716
S.K. Gupta, J.1. Through the currency of this Revision, petitioner, Rajinder Nargotra, seeks reversal of order dated 16-10-2001 drawn by Sub-Registrar Judicial Magistrate, Jammu. By the aforesaid order, Sub Registrar Judicial Magistrate, 1st Class, has declined the prayer of the petitioner for restitution of interim maintenance against the final order of the maintenance on the conclusion of the proceedings under Section 488 Code of Criminal Procedure.2. A short controversy raised in this petition is as to whether interim maintenance during the pendency of the proceedings under Section 488 Cr.P.C. is not an addition to final order of maintenance, but is in aid of and ancillary to final maintenance order passed in the pendency of proceedings and, therefore, to be adjusted against the final order of maintenance. Anita Nargotra herself and the guardian of two minor daughters preferred a petition under Section 488, Code of Criminal Procedure, 1989 (1933 A.D.) (herein after reffered to as 'C...
Post Master General, P and T and ors. Vs. Kaushalya Devi
Court: Jammu and Kashmir
Decided on: Feb-22-2002
Reported in: 2003(2)JKJ728,(2003)ILLJ515J& K
S.K. Gupta, J.1. This is an appeal directed against the order dated March 31, 2001 propounded by the Commissioner, Workmen's Compensation, whereby he has awarded an amount of Rs. 27,670/- as compensation and imposed cost of Rs. 1000/- in favour of the deceased workman, Krishan Chand, under the Workmen's Compensation Act, 1923 (hereinafter 'Act' for short).2. It is not in dispute that the respondent's husband, late Krishan Chand, was employed as Branch Postmaster, Roat, and served the department from May 6, 1963 to January 9, 1989. He was employed on a monthly allowance of Rs. 433/- and this was his considered pay at the time of his death. Krishan Chand expired on January 9, 1989 due to heart attack. Thereafter, respondent moved an application to the Commissioner for grant of compensation. The claim of the dependent of the deceased was contested by the appellants, non-applicants, in their demurrer filed on July 10, 1989 on the ground that the deceased was not covered under the Workmen's...
Salima Bhatti Vs. Khursheeda Begum
Court: Jammu and Kashmir
Decided on: Feb-22-2002
Reported in: 2003(2)JKJ552
S.K. Gupta, J.1. I have heard Mr. V.B. Gupta, learned counsel appearing for the petitioner, as well M/s V.R. Wazir and B.S Bali, learned advocates, for the respondents and also perused the record.2. The spinal question that falls for determination in this case is whether a party can be directed to produce the evidence with an pre-emptory order that in case no witness is produced, her evidence shall stand closed, where the witnesses' expenses and process fee were deposited, but summons were not issued and also the application of the party to examine himself/herself after his/her witnesses are examined is still pending and objections from the other side are awaited. Contention of Mr. V.B. Gupta, advocate appearing for petitioner is that, after the completion of the evidence by the plaintiff/defendant-2, respondents herein, the petitioner was directed to deposit the diet expenses and the process fee of the witnesses within ten days and thereafter, the summons be issued. These directions s...
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