Jammu and Kashmir Court September 2002 Judgments
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New India Assurance Co. Ltd. Vs. Smt. Neelam Kumari
Court: Jammu and Kashmir
Decided on: Sep-30-2002
Reported in: AIR2003J& K60
ORDERB.L. Bhat, J. 1. This letters patent appeal is directed against the judgment dated 26.2.2002 recorded by the learned Single Judge in O.W.P. No. 1091/2001 titled as New India Assurance Co. Ltd. v. Smt. Neelam Kumari. 2. The facts leading up to this appeal are that a petition in terms of Section 10 of the J&K; Consumer Protection Act, 1987 came to be filed by the respondent No. I/complainant before the Divisional Forum constituted under the said Act (hereinafter referred to as Divisional Forum) alleging therein that her husband, namely, Surinder Kumar Sehgal was an Auto Rickshaw Driver, he had obtained Janta Personal Accident Policy in the sum of Rs. 2.00 lakhs from the appellant/opposite party-New India Assurance Co. Ltd., Branch Shalamar, Shalamar Road, Jammu which was valid from 6.12.1996 to 5.12.1999. That on 9.7.1997, Surinder Kumar Sehgal-husband of the respondent No. 1/ complainant was repairing his Auto Rickshaw on the road side at Prem Nagar, Jogi Gate, Jammu when he was kn...
Collector Land Acquisition and anr. Vs. Dhani Ram and ors.
Court: Jammu and Kashmir
Decided on: Sep-23-2002
Reported in: 2004(3)JKJ562
B.L. Bhat, J.1. Through the medium of this Civil Miscellaneous petition, appellants have sought indulgence of the court for leave to amend the memorandum of Civil Appeal No. 53/94 by impleading the legal representatives of deceased Soba Ram and Daya Ram, the respondents No. 2 and 3. It is inter-alia maintained in the petition that during the course of effecting service of notice in the said appeal, the petitioner-appellant No. 2 on enquiry learnt that respondent No. 2 had died on 25.11.1991 and respondent No. 3 had died on 17.5.1987 respectively that is to say during the proceedings pending before the District Judge, Udhampur and no steps have been taken either by the legal representatives of the said respondents to be brought on record not the Advocate appearing on behalf of these deceased-respondents had intimated the court about their death and under these circumstances the death of aforesaid respondents could not be known either to the reference court or to the appellants. That the...
Abdul Rehman Najar Vs. Financial Commissioner and ors.
Court: Jammu and Kashmir
Decided on: Sep-16-2002
Reported in: 2003(2)JKJ66
Syed Bashir-Ud-Din, J.1. Petitioner and respondents 3 to 7 are brothers. Petitioner's mother is the first wife of Abdul Sattar Najar, on whose death his father contracted second marriage and out of wedlock respondents 3 to 7 are born. Petitioner claims that respondents 3 to 7 got the entire property of the father, though, they gifted land measuring 3 Kanals and 10 marlas under Khasra Nos. 4176/2855, 742, 743, 744 and 746 situated in Estate Anchar Tehsil Srinagar to petitioner. On the basis of this oral gift mutation, No. 2555 was entered and ordered in favour of petitioner in revenue records. However his brothers the respondents filed a revision petition before Divisional Commissioner (respondent No. 2) who while accepting petitioner-respondent's case referred it for orders to Financial Commissioner (respondent who No. 1) who vide order dated 29.9.98 accepted the revision petition and set aside the mutation. Against the order petitioner filed a review before respondent No. 1 which too ...
Subhash Chander Vs. Pritam Singh Machinewala
Court: Jammu and Kashmir
Decided on: Sep-06-2002
Reported in: 2003CriLJ2157
S.K. Gupta, J.1. This appeal is directed against the order dated 20-2-2001 propounded by Chief Judicial Magistrate, Udhampur in File No. 7 of 1997. By the aforesaid order, the Trial Court acquitted the accused for offence under Section 138, Negotiable Instruments Act (hereinafter referred to as 'the Act') on the ground that requirement of Clause (c) of the proviso to Section 138 of the Act has not been fulfilled.2. Facts relevant for the disposal of this appeal summarily may be recited. Appellant Subhash Chander engaged in the business of poultry feed filed a complaint in the Court of CJM, Udhampur in alleging that he had supplied the poultry feed to Pritam Singh accused respondent and an amount of Rs. 36,602/- was outstanding against him. The accused, when approached by the Complainant, issued a Cheque No. 659782 for the amount outstanding against him to be drawn on State Bank of India Branch, Garhi, in discharge of his liability, on 15-5-1997. The cheque was dishonoured, when present...
Mohd. Asadullah Vs. the State
Court: Jammu and Kashmir
Decided on: Sep-06-2002
Reported in: 2003CriLJ2355
S.K. Gupta, J.1. This appeal is directed against the Judgment dated 28-5-1985 and order of conviction dated 30-5-1985, recorded by the learned Sessions Judge Bhaderwah in Criminal File No. 54/Session entitled State v. Mohd Asadullah and another for offence under Sections 466/468/420/471 read with Section 109 RPC. Accused Mohd Asadullah was sentenced to undergo two years simple imprisonment and a fine of Rs. 500/- in proof of offence under Section 466 RPC and in default of payment of fine the accused shall also suffer four months imprisonment. Whereas accused Subhan Lone who was also sentenced to suffer two years simple imprisonment and a fine of Rs. 500/- for offence under Section 466 RPC read with Section 471/109 RPC as abettor in forging the Court record and in default of payment of fine, he shall also undergo four months imprisonment respectively.2. The sheet anchor of the prosecution case discernible from the material on the record depicted in narration is that a case for offence u...
State Bank of India Vs. Standard Engineering and Trading Corpn. and or ...
Court: Jammu and Kashmir
Decided on: Sep-05-2002
Reported in: AIR2003J& K64
ORDERT.S. Doabia, J. 1. The State Bank of India, who figured as a plaintiff was unsuccessful in the suit filed before the trial Court. Suit stands dismissed. Now, an appeal has been preferred. 2. Issue No. 1, which was to the effect as to whether the suit is maintainable or not, was decided in favour of the plaintiff-Bank, issue No. 2, which was regarding the authority of the Branch Manager to file the suit, was also decided in favour of the appellant-Bank. Issue No. 3 with regard to the execution of the documents before obtaining financial assistance by the defendant/respondent was also decided in favour of the appellant-Bank. Same was the position visa-vis issue No. 4, which was regarding the admissibility of the documents. Issue No. 5, which was to the effect as to whether the mortgage deed could be executed or not, and was admissible in evidence, was also decided in favour of the appellant-Bank. What has gone against the defendant-Bank, is issue No. 6. For facility of reference, th...
Deputy Director, Forest Protection Force Vs. Ravi Singh and anr.
Court: Jammu and Kashmir
Decided on: Sep-04-2002
Reported in: 2003CriLJ3085
ORDERB.L. Bhat, J.1. Through the medium of petition in hand, the petitioner has sought indulgence of this Court for quashing the order recorded by the learned Sessions Judge, Kathua dated 10-12-2001 whereby it came to release vehicle No. JKO2B-6135 on superdnama of the respondent.2. The factual matrix of the case are that on 30-11-2001 a patrolling party of Forest Protection Force came to seize vehicle No. JKO2B-6135 at Hatli Morh, Kathua along with 180 bags of Charcoal loaded in it, when on demand the driver of said vehicle and its owner Vijay Singh failed to produce any document regarding the transportation of said charcoal loaded in the said truck. The seizure appears to have been reported to Chief Judicial Magistrate, Kathua on 30-11-2001 and to the Divisional Forest Officer, Kathua for the confiscation of the seized property. It further appears that on 1-12-2001 one Ravi Singh approached the learned Sessions Judge, Kathua for the release of said vehicle allegedly used in the commi...
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