Court : Jammu and Kashmir
Reported in : AIR1987J& K2
ORDERM.L. Bhat, J.1. These three writ petitions are decided by a common judgment because there is a common question of law and fact involved in all the three petitions.2. Petitioners claim to be small scale industrial units registered as such by respondent No. 3 for manufacturing/ processing activity of copper utensils which is reflected by the registration certificates granted to them. After registration, petitionersare said to have installed machinery for production of various articles made out of copper. They are said to have obtained loan from the Jammu and Kashmir Bank for running their units. Ever since the installation of their plant and machinery, the petitioners are manufacturing various copper utensils details whereof are given in para 4 of the writ petition (writ petition No. 254/85). A circular is said to have been issued to the petitioners by respondent No. 3 on 22-2-1985 whereby they are directed not to manufacture the utensils, mentioned in the said order by machine, and...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : AIR1988J& K22
ORDERR.P. Sethi, J. 1. Are the minor children of the parties entitled to maintenance under the provisions of the Hindu Marriage Act ?, is the question which requires determination in this revision petition.2. I have heard the learned counsel for the parties and have perused the record.3. Relying upon two judgments of this court reported in 1980 J & K LR 176 : (AIR1981 J & K 5) and 1983 Kash LJ 49 : (AIR1982 J & K 95), the learned counsel appearing for the petitioner has submitted that the order impugned passed by the trial court in so far as it grants maintenance to the children is liable to be set aside. It is argued that the children if aggrieved can have recourse to other remedies for the grant of maintenance, such as, initiating proceedings under Section 488, Cr. P.C. or filing suit under the Hindu Adoptions and Maintenance Act, but cannot be granted maintenance under the HinduMarriage Act which governs the rights and obligations mainly of the parties to the marriage and not for th...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : AIR1988J& K55
ORDERG.A. Kuchhai, J. 1. This application under Order 33. C.P.C. is by the applicant against the respondent her husband to sue in forma pauperis for recovery of property and money mentioned in the application.2. The applicant, has pleaded being wedded wife of the respondent, who has turned her out for not satisfying his demand for additional dowry. She having no sufficient means to defer the expenses of Court-fees on her claim of Rs. 1,54,874/- having to feed her children in the house of her parents and having no means therefore, seeking declaration to sue as an indigent person, the applicant has filed schedule of the property along with the application supported by an affidavit.3. The respondent ultimately appeared and filed his objections to the application for declaring the applicant as an indigent person objecting to the maintainability of the application, same being not in accordance with law and the applicant being a Govt. servant receiving a salary of Rs. 1000/- having G. P. Fun...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : AIR1988J& K52
ORDERR.P. Sethi, J. 1. In exercise of the powers vested in the High Court under Section 115 of the C.P.C., the records of Civil Suit No. 639/Numbri entitled Manzoor Ahmad Dar v. State of J. & K. pending disposal in the Court of IInd Addl. Munsiff, Srinagar was called to examine the correctness or otherwise of the temporary injunction issued by the trial Court, out of which Civil Reference No. 6/87 arises. 2. Similarly record of Civil Suit No. 24/Numbri titled Alson Motors v. State of J. & K. and are pending in the Court of Municipal Magistrate, 1st. Class, 1st Civil Subordinate Judge, Srinagar was called for the purposes of examining the legality of the temporary injunction issued, out of which Civil Reference No. 7/87 arises. 3. While admitting the aforesaid petitions, this Court stayed the operation of the orders impugned during the pendency of the petitions and directed the Dy. Registrar to submit the record to the Hon'ble the Chief Justice for initiating disciplinary proceedings ag...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : AIR1989J& K1
ORDERM.A. Shah, J.1. The petitioner was granted provisional admission in the LL.B. (1st term) Course of the Jammu University for the Academic Session 1982-83 in the Department of Law. His admission was cancelled by respondent No. 5. The Admission Committee, Faculty of Law, acting through its Chairman, University of Jammu by Notice No. Law/328-36 dated October, 25, 1982 issued by respondent No. 4 the Head of the Department, Faculty of law cancelled the admission. The petitioner has, therefore, by this writ petition prayed for the quashing of the said cancellation order by a writ of certiorari and have further prayed for an appropriate writ, order or direction directing the respondents to permit the petitioner to pursue and continue his studies in the LL.B. Academic Session 1982-83 and onwards till the completion of his LL.B. Degree (Professional) and any other writ, direction or order as may be deemed fit by the Court.2. It is stated that a notice was issued vide No. Admission/82-83/416...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 1988CriLJ1282
ORDERS.M. Rizvi, J.1. In this writ of habeas corpus the detention order No. PSA/DMS/1/87 dated 4-4-1987 passed by the District Magistrate, Srinagar, detaining Mohammad Yusuf Shah S/o Ghulam Rasool Shah r/o Soibugh, Budgam Kashmir, under Section 8 of the Jammu and Kashmir Public Safety Act (hereinafter referred to as 'Act') has been challenged on many grounds, details whereof are given in the petition.2. Firstly, it would be advantageous to reproduce the grounds of detention, as below, for the sake of reference:'OFFICE OF THE DISTRICT MAGISTRATE SRINAGAR'To,Shri Mohammad Yousuf Shahs/o Ghulam Rasool Shah,R/o Soibugh-Badgam Kashmir.Sub.:- Grounds of detention.There is a report against you that you and your party of which you are Nazim-e-Allah (shoba Tulba) a youth wing of the Jamati-Islamia) is habitual to challenge openly the accession of Jammu and Kashmir with Union of India and also engaged to exploit stray incidents for the purpose of creating serious communal disharmony. In the 'Dar...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : AIR1990J& K11
ORDERR.P. Sethi, J.1. Being aggrieved of the policy of the respondent-Slate regarding the release of commercial advertisements to the newspapers, the petitioner who is the Printer, Publisher and Editor of daily newspaper 'Wadi-Ki-Awaz' has filed this petition with the prayer to issue a direction to the respondents to classify his newspaper and release due share of advertisements to it. It is further prayed that any other writ, order or direction which is deemed necessary may be issued by the Court in this behalf. 2. It is alleged by the petitioner that the policy of his newspaper is independent and he indulges in constructive criticism of Government policy by reflecting and educating the public opinion. It is submitted that the petitioners newspaper has a circulation of 5000 copies per day and he publishes 24 issues per month. The respondent-State has laid down a criterion for the issue of government advertisements to the newspapers which allegedly envisages taking into consideration t...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : AIR1990J& K56
Sethi, J.1. Notification and orderimposing building tax by the respondent No. 2 has been challenged and is sought to be quashed being without jurisdiction and in contravention with the provisions of Sections 60 to 63 and 91 of the Cantonment Act 'hereinafter referred to as the Act' and the provisions of the Constitution of India as made applicable to the State of Jammu and Kashmir. It is submitted by the residents of the Cantonment Area of Jammu that no tax can be levied or collected except by the authority of law as ordained by Section 114 of the Constitution of J & K. It is submitted that within the territory of J& K State, -the only taxation that can be imposed are under the legislation as adopted by the Legislative Assembly of the State. By virtue of Art. 370 of the Constitution only those enactments are applicable to the State of J & K which have been made so applicable by virtue of Constitution application order of 1954. It is submitted that entry No. 3 Schedule VII of List I of ...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 1993CriLJ727
ORDERR.P. Sethi, J.1. Accusing him to be an active, dedicated and staunch member of ISL, a sister organisation of the banned organisation People's League having its headquarters in Pak-occupied Kashmir, the petitioner was directed to be detained vide the order of detention dated 11-9-1990 signed by the Addl. Home Secretary to Government. The grounds of detention as served upon the petitioner are :'To motivate Kashmiri Muslim youths, to send them across the border for obtaining training in use and handling of sophisticated arms, ammunition and explosives, to propagate through highly objectionable material and to indulge in looting and rioting by killing high dignatories, including police personnel, paramilitary forces, eminent judges and lawyers and various political leaders in the valley with the intention to spread terror and create chaotic conditions in the valley so as to liberate the State of J. and K. from the Union of India.That you have all along succeeded in accomplishing the d...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : AIR1992J& K22
ORDERV.K. Gupta, J.1. In all these petitions the petitioners have challenged the order notified by the J & K State Board of School Education Jammu whereby the examination taken by the petitioners was cancelled either in its entirety or to the limited extent of one or two papers. Because the order notified is the same and the factual and legal aspects involved in all the cases are identical these petitions are disposed of by this common judgment.2. The petitioners have approached this Court invoking its extraordinary writ jurisdiction for challenging the aforesaid order The J & K State Board of School Education (hereinafter to be referred to as the Board) has been constituted under Section 3 of the J & K Board of School Education Act, 1975 (Act No. 28 of 1975). This Act was enacted with the purpose and motto to reform and reorganise school education in the State and to consolidate and amend the law relating thereto. The preamble of the Act, perhaps one of the longest that I have come ac...
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