Jammu and Kashmir Court March 2003 Judgments
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Sumi Aga Vs. Jandk Bank Ltd. and ors.
Court: Jammu and Kashmir
Decided on: Mar-31-2003
Reported in: AIR2003J& K77,2003(2)JKJ118
Y.P. Nargotra, J. 1. Is service of summons through publication in a daily newspaper without exhausting other modes envisaged in Order 5 CPC is permitted; is the question arising for consideration in this revision.2. The brief facts of the case may thus be stated that plaintiff J&K; bank filed a suit for recovery of Rs. 3,85,692.15 against the defendants in the High Court. In the absence of the parties this court by the order dt. 2-8-1995 transferred the suit for disposal under law to the court of Ld. District Judge Bank cases Srinagar with a direction that it 'shall issue notices to the parties before proceeding further in the case.'3. Ld. trial court persuant to the order of this court by its interim order dated 5-3-1996 ordered for issuance of the notices to the parties through 'Do parat' summons. The counsel for the plaintiff appeared but the dependents could not be served so the same direction was repeated by the Ld. trial court in its two more iterim orders but the service could n...
Mohammad Shafi Bhat Vs. Mohd. Iqbal Mir and ors.
Court: Jammu and Kashmir
Decided on: Mar-31-2003
Reported in: 2003(2)JKJ328
Y.P. Nargotra, J.1. The petitioner Mohamad Shafi Bhat instituted a suit for declaration and injunction against the respondent No. 2 Mst Raja in the Court of Sub-Judge Anantnag seeking there by restrainment against her from interfering into his possession over the land measuring one kanal and seven marlas compromising in survey No. 484 and Shamilat land attached there to measuring fifteen marlas covered by survey No. 92 situated at Aul-bagh Nowgam Anantnag, which according to the plaintiff he had purchased by oral sale from the defendant and had obtained the possession thereof which was being interfered by the defendant. The suit was compromised and pursuant there to compromise decree came to be passed in favour of the plaintiff on 19.8.1997 by the Ld. Sub-Judge Anantnag.2. Against the said compromise decree the respondent No. 1 Mohamad Iqbal Mir sought to file an appeal before the court of Ld. District Judge Anantnag. For filing appeal he also filed an application seeking leave of the ...
Abdul Majid Mir and ors. Vs. Mohd. Ashraf Mir and ors.
Court: Jammu and Kashmir
Decided on: Mar-31-2003
Reported in: 2003(2)JKJ151
Y.P. Nargotra, J. 1. Through this revision the defendants/ petitioners are challenging the legality of the order dated 1.10.2001 passed by Ld. City Judge, Srinagar, whereby the prayer of the defendants/ petitioners seeking amendment of their written statement has been turned down.2. The facts need be stated briefly. The plaintiff instituted a Civil suit on 16-04-1981 against the defendants seeking a decree of mandatory injunction directing the defendants to hand over the possession of suit property consisting of two shops and damages inter-alia on the plea that plaintiff and his two brothers late Haji Gaffar Mir, father of the defendants and late Ghulam Mohammad Mir jointly owned various properties including the suit shops. The plaintiff filed suit No. 22 of 1963 for partition of the properties and the same was compromised and accordingly a decree dated 30.4.1969. The parties came to possess the property of their shares accordingly. That the suit shops fell into the share of the plaint...
New India Insurance Company Ltd. Vs. Mst Nissa and ors.
Court: Jammu and Kashmir
Decided on: Mar-31-2003
Reported in: III(2004)ACC605,2003(2)JKJ163
Y.P. Nargotra, J.1. The short question that arises for consideration in these group of appeal is where an insured has not preferred an appeal under Section 173 of Motor Vehicles Act (hereinafter referred to as Act) against an award given by Motor Accident Claims Tribunal, is it open to the insurer to prefer an appeal against the award questioning the quantum of the compensation where in the policy of Insurance the right to contest such award on merits has been reserved.2. Ld. MACT Kargil adjudicated upon nine claim petitions filed under Section 166 of the Act arising out of the same accident occuring on 29-1-2001 at Sher Ali Thang in Kaksar area of District Kargil. The vehicle involved in the accident was a State Road Transport Corporation passenger bus bearing No. JK01Y-0212 wherein some of the passengers had died. Ld. Tribunal passed the awards by its Single Judgment dated 16-12-2001 awarding various amounts of compensation against SRTC and directed its payment by the Insurance compa...
Shivalik Foods Vs. Union of India (Uoi) and ors.
Court: Jammu and Kashmir
Decided on: Mar-31-2003
Reported in: 2003(3)JKJ264
S.K. Gupta, J.1. I have Mr. D.C. Raina, learned counsel appearing for the petitioner, as well as Mr. S.S. Nanda, Sr. CGSC, for respondents-1 to 3, and Mr. K.S. Johal, learned counsel for respondent-4, it extenso.2. The petitioner seeks to quash the tender document issued in favour of respondent-4 for the supply of fowl frozen for Ladakh Sector for the period from 1.4.2003 to 31.3.2006, on the ground that respondent-4, who has also tendered for the job, should not be allotted the contract being ineligible, as he does not possess freezing facilities at Chandigarh, owned by him or can be hired, nor Memorandum of Understanding produced at the time of collection of tenders; Whereas the tender submitted by the petitioner is complete in all respects and the same was entertained by the respondents.3. Respondents-1 to 3 have filed their reply. Respondent-4 has also filed his reply separately. Paras 6 and 7 of the reply filed by respondents-1 to 3 are extracted as under:'6. That is reply to the ...
Ab. Hamid Bhat Vs. State and ors.
Court: Jammu and Kashmir
Decided on: Mar-31-2003
Reported in: 2003(3)JKJ301
Y.P. Nargotra, J.1. The detenue Abdul Hamid Bhat was arrested on 5the of May, 2001 in connection with FIR No.38/2001 for commission of the offences Under Section 3/25 Indian Arms Act on the allegations that he was active member of militant organisation operation Balakot of JHM; he has obtained training in handling sophisticated weapons in POK and on being apprehended one Chinese pistol was recovered from his possession.2. The detaining authority considered detenue's activities detrimental to the interest and security of state so passed detention order No. 16 DMP/ 2001 dated 21.6.2001 under Section 8 of Public Safety Act. The detention order was confirmed on 29.6.2001 and on 4.7.2001 the detenue was detained in preventive custody. On the same date grounds of detention in English were supplied to him after being explained to him in Urdu and Kashmiri as per the stand of the respondents.3. Through this H.C. petition the detention order has been challenged on various grounds but in the cour...
Sham Lal Vs. State
Court: Jammu and Kashmir
Decided on: Mar-31-2003
Reported in: 2003(3)JKJ320
B.L. Bhat, J.1. This criminal appeal is directed against the judgment and order of sentence dated 28.9.1990, whereby the learned Sessions Judge, Kathua came to convict the appellants for offence under Section 323 RPC and also came to sentence them to undergo rigorous imprisonment of four years and fine of Rs. 500 each for offence under Section 304 Part-II and also sentenced them to undergo three months rigorous imprisonment for offence punishable under Section 323 RPC. However, both the sentences were made concurrent.2. Briefly stating the case of the prosecution is that on 27.8.1989, one Jagmohan who was injured accompanied by his father Roop Chand injured and Ashok Kumar s/o Duni Chand lodged an ocular report before Police Station, Billawar stating therein that today he was going alongwith his father to his house at village Kishanpur, on reaching near their house at village Rishanpur, they were intercepted by Sham Lal and Shiv Kumar who were armed with lathies having previous enmity ...
Punjab National Bank Vs. Seema Gupta
Court: Jammu and Kashmir
Decided on: Mar-29-2003
Reported in: 2003(2)JKJ707
S.K. Gupta, J. 1. Both these appeals arising out of the same judgment dated 4.3.1995 shall be disposed of by this common judgment.CIA No. 42/1995 2. CIA No. 42/1995, entitled Punjab National Bank v. Seema Gupta & Anr., is defendant's appeal from the judgment and decree of the Court of District Judge, Jammu whereby the plaintiffs' suit for ejectment and recovery of Rs. 78,000 as compensation for unauthorized use and occupation with proportionate costs, is decreed on 4.3.1995.3. Setting in facts of the case, the plaintiffs are owners of the demised premises explicitly delineated in para No. 1 of the plaint. The aforesaid premises particularized in the suit had been in tentantial possession of the tenants since 11.7.1975. The jurality of relationship between inter-se parties came to be established on the foundation of the lease deed dated 11.7.1975 initially for a period of seven years. On the expiry of the said lease period, the tenancy was further extended for a period of five years by ...
Harbans Lal Bhagat Vs. State of Jammu and Kashmir and anr.
Court: Jammu and Kashmir
Decided on: Mar-29-2003
Reported in: 2003(3)JKJ274
S.K. Gupta, J.1. Petitioner was working as Agriculture Extension Officer in the Agriculture Department vide Government Order No. 194-GR of 1986 dated 27th June, 1986. He belongs to a Scheduled Castes category. The schedule attached to the Jammu and Kashmir Community Development (Gazetted) Service Recruitment Rules, 1977, under SRO-515 of 1977, provides 30% of the posts of Block Development Officers to be filled up from Assistant Agriculture Extension Officers in the Agriculture/Horticulture Department by promotion out of 75% recruitment by selection of such Officers as are willing to be considered from the five categories indicated in the schedule and the rest of the 25% posts of Block Development Officers to be filled up by direct recruitment. The petitioner claims to be adjusted to the post of Block Development Officer against one of the four available vacancies in Jammu Division on the basis of a communication dated 15th June, 2000 addressed by Director, Rural Development, Jammu to ...
Mohd. DIn Vs. State
Court: Jammu and Kashmir
Decided on: Mar-28-2003
Reported in: 2003(2)JKJ82
S.K. Gupta, J.1. Heard Mr. O.P. Thakur, learned Counsel appearing for the appellant, as well as Mr. J.P.Singh, learned Counsel appearing for the respondent-State, in extenso. I have also perused the evidence assembled on record, on the basis of which impugned order of conviction and sentence has been recorded, meticulously.2. This appeal is directed against the judgment and order dated 29.3.1993 propounded by learned Special Judge, Anti-Corruption, Jammu in file No. 31/Challan, whereby the appellant, accused Mohd. Din, Head Constable, was convicted and sentenced to undergo two years' rigorous imprisonment and a fine of Rs. 3,000/- in proof of offence under Section 5(2) Prevention of Corruption Act, 2006 and further sentenced to suffer two years' rigorous imprisonment and a fine of Rs. 3,000/- for offence under Section 161 RPC.3. The case of the prosecution portraited in narration is that accused Mohd. Din while posted as Head Constable in Police Station, Batote, demanded. Rs. 2000/- fr...