Jammu and Kashmir Court April 2002 Judgments
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Ghulam Rasool Reshi Vs. Ghulam Hassan Reshi and ors.
Court: Jammu and Kashmir
Decided on: Apr-29-2002
Reported in: AIR2003J& K6,2003(2)JKJ701
Syed Bashir-ud-Din, J.1. Respondent No. 1 filed suit, challenging the decree based on compromise passed by Munsiff Anantnag in 1968 on the ground that the respondent/ defendant to that suit, a minor was not properly represented in the suit and a guardian was not appointed for him as required under law. During pendency of this suit appellant filed an application for rejection of the plaint on the alleged ground that the suit was hit by Order 23. Rule 3-A, CPC. The trial Court upon hearing the parties rejected the plaint. Appeal was filed against this order before District Judge Anantnag. In appeal, while the trial Court order was set aside, the suit was directed to be treated as application under Section 151 CPC. Against this first Appeal Court order dated 31-7-2000, 2nd Appeal is filed. The substantial question of law that arises for determination in this 2nd Appeal, is whether a suit challenging a compromise decree under Order 23, Rule 3-A, is competent and whether such a suit can be ...
Nissar Ahmed Dar Vs. State
Court: Jammu and Kashmir
Decided on: Apr-29-2002
Reported in: 2002CriLJ4135
ORDERSyed Bashir-Ud-Din, J.1. Subject Nissar Amed Dar is detained Under Section 8 of J & K Public Safety Act, 1978 and lodged in District Jail, Udampur under O. No. 70 of 2001 dated 10-2-2001 of District Magistrate, Baramulla (Annexure P-1). This order is impugned on number of grounds. However, the counsel confines his submissions to following two grounds :-First that there has been inordinate delay of over two months in executing the detention order when in fact detenu was with the State Govt., in substantive offence(s) and no explanation or reasons are given for delayed execution which vitiates the order. 2. Secondly that the above ground of delay in execution coupled with the fact that no application for bail has been made in the substantive offence, renders the order to suffer from non-application of mind and order is vitiated.3. Respondents in terms of counter filed by the Detaining Authority (respondent No. 2) and submissions of the Govt. Advocate has resisted the challenge to th...
Subli Hajam S/O Ali Hajam Vs. State
Court: Jammu and Kashmir
Decided on: Apr-29-2002
Reported in: 2003CriLJ281,2003(1)JKJ136
Syed Bashir-ud-Din, J.1. Accused was tried in session's case 4/82 for offence under Section 376/511 RPC by District and session's Judge Baramulla. The trial culminated in the conviction of Appellant/accused for the offence vide judgement/order of conviction dated 31-12-1985 and was sentenced subsequently to undergo two years rigorous imprisonment under Section 376/511 RPC by order of sentence dated 1-1-1986 by the session's Judge Against this conviction and sentence this criminal Appeal 1/86 is taken to this court.2. Shorn of details prosecution case is, that on 28-8-81 Mst. Khati, complainant witness, while busy in collecting grass on her field at a place called 'Raaj' nearly a mileaway from village aabadi at Inderkote Sonawari Tehsil Sumbal, was approached by appellant/accused for sexual intercourse which she refused. Accused caught hold of her cheeks and threw her on ground. He attempted to open her trousers. The lady resisted, but accused persisted in his attempt and put his foot o...
Fungicide India Ltd. Vs. State of Jammu and Kashmir
Court: Jammu and Kashmir
Decided on: Apr-19-2002
Reported in: AIR2002J& K119,2003(1)ARBLR191(J& K)
ORDERV.K. Jhanji, Actg. C.J. 1. This shall dispose of the application filed by the applicant-firm in terms of Section 11 (2), (6) of the Arbitration and Conciliation Act read with Notification No. 3 dated 6-4-1999 for passing appropriate directions in regard to the appointment of Arbitrator. 2. In brief, the facts are that the applicant-firm is involved in the manufacture of fruit juice extraction at Rangreth. The applicant applied for the sanction of 750 KWs power load. The application of the applicant was considered and vide Order No. DL/PD/ TA/PAC/229 of 1999 dated 3rd June, 1999, sanction was accorded to the grant of 750 KWs power load in favour of the applicantfor manufacture of concentrate juice. There were as many as 20 conditions laid down in the sanction order. Some of the relevant conditions, as incorporated in the aforesaid sanction order, are quoted hereunder :-- '4. The firm will pay for the power, they consume at the landed cost to be decided/ fixed by the Government; 5....
Abdul Khaliq Khan and ors. Vs. Ghulam Mohmmad Sheikh
Court: Jammu and Kashmir
Decided on: Apr-18-2002
Reported in: 2002CriLJ3909
ORDERV.K. Jhanji, Actg. C.J.1. This reference has been made by the learned 1st. Addl. Sessions Judge, Srinagar recommending to set aside order dated 31-8-2000 passed by City Magistrate, Srinagar under Section 145, Cr.P.C.2. In brief the facts are that on 6-7-1999 Khaliq Khan son of Razaq Khan along with Mohmmad Ramzan Sofi son of Habibullah Sofi presented a written application to the police concerned that the two shops situated at Qamarwari chowk were In their possession as tenants for the last 20 years under a valid lease from Ahad Sheikh and his sons and an amount of Rs. 65,000/- as rent in advance upto the year 2000 has been paid against the shops. They complained that Ahad Sheikh has died and his sons on 5-3-1999 without any right or concern broke open the lock of the two shops and took forcible possession of the shops. On this report FIR was lodged against Ghulam Mohmmad Sheikh Mohammad Yosuf, Adbul Hamid Under Section 448 RPC. As per the statement of the witnesses at the spot it ...
Punjab National Bank Vs. J. and K. Special Tribunal and ors.
Court: Jammu and Kashmir
Decided on: Apr-12-2002
Reported in: AIR2002J& K105,II(2003)BC454
ORDER1. Both these L. P. As are directed against the order passed by learned single Judge on 11-9-2001 by virtue of which the case has been remanded to Registrar Co-operative Societies, J. & K. Jammu, for deciding the appeal.2. In brief the facts of the case are that Punjab National Bank (hereinafter referred to as the Bank) advanced loan to the Farmers Service Co-operative Society Ltd. (hereinafter called as Society). After taking the loan, the Society did not adhere to the terms and conditions which had been agreed to by Society with the Bank and payment was not made as per Schedule. The Bank called upon Society to make payment and liquidate the outstanding. However, no amount was paid. In the meanwhile Registrar Cooperative Societies issued an order of winding up of Society and a liquidator was appointed. The Bank submitted claims before the Liquidator in terms of provisions of Section 67 Sub-clause (2) of the J. & K. Co-operative Societies Act, 1960, (hereinafter called the Act) to...
Nazir Ahmad Pandit and anr., Etc. Vs. State and anr. Etc., Etc.
Court: Jammu and Kashmir
Decided on: Apr-11-2002
Reported in: 2002CriLJ4492,2003(1)JKJ409
Muzaffar Jan, J.1. These petitions have been filed praying for grant of anticipatory bail in F.I.R No. 4/2002 registered in Police Station, Vigilance Organisation Kashmir, Srinagar.2. Since the ground, submission and prayer in all the petitions are similar and the respondents have adopted the same stand for cancellation of anticipatory bail as objections to all the applications, therefore all the applications will be governed by this common order.3. The record reveals that Government of India evolved a scheme, to waive off individual loans upto the tune of Rs. 50,000/-drawn by pity trader from bank upto 30.6.1996. In order to protect the interest of the banks, the Government of India decided to compensate the banks by reimbursement of the loan amount. In pursuance of this scheme, it is alleged that officers/officials of the Central Cooperative Bank operating in the districts of Anantnag and Pulwama in 25 branches of the bank prepared highly inflated bills of Rs. 11,69.67 crores in purs...
Muzaffar Ahmad Danposh S/O Abdul Danposh Through His Mother Vs. State ...
Court: Jammu and Kashmir
Decided on: Apr-09-2002
Reported in: 2003(1)JKJ436
Syed Bashir-Ud-Din, J.1. Subject Muzaffer Ahmad Danposh is detained under Section 8 of the J&K; Public Safety Act 1978 by District MagistrateSrinagar with a view to prevent him from acting in any manner prejudicial to the security of the state vide its order No. DMS/PSA/1 dated 06-04-2001. The other grounds that the detenue has not been served with the order of detention or the material referred in the grounds of detension. Non supply of the material referred in the grounds of detention has prejudice him as much as he could not make an effective representation against the detention order to Govt. Besides the safeguards guaranteed under Article 22(5) have not been observed as submitted by the counsel, as there has been inordinate delay in executing the warrant and 54 days have been taken to implement the detention order.2. The Govt. Counsel contests the above submissions of the petitioners counsel to solicit that the detention is in order and within confines of law.3. The detaining auth...
Dr. Zeenat Farooq Khan Vs. State of Jandk and ors.
Court: Jammu and Kashmir
Decided on: Apr-08-2002
Reported in: 2003(2)JKJ161
Syed Bashir-ud-Din, J.1. Petitioner, a permanent resident of State of Jammu and Kashmir applied for selection to the M.D/M.S Course in the Jammu and Kashmir State for the year 2000 in Sports Category, pursuant to the Notification issued by the Competent Authority thereto. The list of candidates selected for Post Graduate seats (degree/diploma) in the Government Medical Colleges of J&K; was issued. Petitioner alleges that she had secured 169 marks and instead of being selected to the MD course in Gynaecology and Obstetrics, for which she had applied, she has been given Diploma Course in this very discipline. Pursuant to SRO 282 of 2000, she was to be selected for MD seat as her case falls at Sr. No. 43 of the roaster point laid for the 100 seats to be filled in the Post Graduate Disciplines. The right of petitioner has been ignored arid at her cost two candidates Syed Nazir Ahmad, who belongs to RBA category and one Mushtaq Ahmed Zarger coming in Rural Service Category have been selecte...
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