Jammu and Kashmir Court January 2004 Judgments
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Canara Bank Through Sr. Manager R.C. Awasthy Vs. Waxofield
Court: Jammu and Kashmir
Decided on: Jan-30-2004
Reported in: AIR2004J& K123,2004(2)JKJ94,[2004]53SCL17(J& K)
1. This appeal is directed against the judgment and decree dated 14-5-1997 passed by the learned District Judge, Bank Cases, Jammu, where by the plaintiff/appellant-Bank was held to be not entitled to pendente lite interest on the suit amount, which stood fully satisfied by the defendants by payment of the entire suit amount by way of drafts. It appears that plaintiff/appellant-Canara Bank commenced a recovery suit for an amount of Rs. 16,84,559.56 along with future interest at the rate of 16% per annum and 2% penal interest with quarterly rests against the defendants/respondents based on documents accompanying the plaint. It was during the currency of the lis before the Bank Court that an application came to be initiated by the defendants admitting the claim of the Bank with regard to the suit amount. It was further recited that an amount of Rs. five lacs towards the liquidation of suit amount has already been deposited by the defendants during the pendency of the suit. In affirmation...
Joginder Nath Vs. Sudershan Kumar and ors.
Court: Jammu and Kashmir
Decided on: Jan-30-2004
Reported in: AIR2004J& K118,2004(2)JKJ99
S.K. Gupta, J.1. This appeal is directed against the order dated 22nd October, 2003 propounded by learned Additional District Judge, Jammu, whereby the application of the appellant/plaintiff for temporary injunction was ordered to be dismissed on the presentation of an undertaking by the respondents/defendants that in case any change is made in the suit property after order of this Court, the same shall be dismantled/removed by them at their own expenses, if they failed in the suit after the trial of the same.2. It appears that in a suit for partition by metes and bounds of the property explicitly delineated in the schedule of plaint and for possession to the extent of l/4th share in the said property, commenced by the appellant/plaintiff, an application supported by an affidavit also came to be initiated for the grant of ad interim injunction in invoking the provisions of Order 39 Rules 1 and 2 read with Section 151 of the CPC, in restraining the defendants/non-applicants from executi...
Ashiquallah Wani Vs. State of J and K and ors.
Court: Jammu and Kashmir
Decided on: Jan-27-2004
Reported in: 2004CriLJ2796,2004(2)JKJ57
Sayed Bashir-Ud-Din, J.1. Subject Ashiquallah Wani is detained by district Magistrate Srinagar (Vide his order No. dMS/PSA/35 date 6.6.2002) under Section 8 of J&KPublic; Safety Act with a view to prevent him from acting in any manner prejudicial to the security of the State (Annexure P2). This order and the consequent detention is challenged in this petition.2. Respondents have filed counter through district Magistrate Srinagar, the Detaining Authority.3. Heard. Notwithstanding the fact that several grounds have been taken Ld. Counsel for the petitioner has pressed sole ground to question the detention as contained in Sub para 3 (d) of the petition supplemented by his submissions that the detenu has not been supplied material and documents referred in the grounds of detention, thereby he has been prejudiced to make an effective representation against the detention to the Govt. resulting in violation of constitutional and statutory right of the detenu as embodied by Art, 22(5) and Sect...
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