Court : Jammu and Kashmir
Decided on : Oct-09-2003
Reported in : 2004(1)JKJ608
Syed Bashir-Ud-Din, J.1. Respondents filed a suit for eviction in respect of shop situated at Batmaloo Srinagar and for recovery of arrears of rent at against the revision petitioner-defendant. The suit was decree in ex-parte on 30.5.2002 by 2nd Additional Munsiff Srinagar. Against the judgment and decree defendant filed an appeal alongwith an application for condonation of delay as the appeal was delayed beyond prescribed period. The 3rd Addl; District & Session Judge dismissed the application for condonation of delay and consequently the appeal, by his order dated 17.6.2003. This order of dismissal is under challenge in this revision petition.2. Plaintiff-respondents counsel has raised a preliminary objection to the maintainability of the revision on the ground that with the dismissal of the appeal by file appellate court the Judgment and decree of the trial court has merged with the order of the appellate court. Against the order of dismissal of the appeal 2nd appeal would lie on gr...
Tag this Judgment!Court : Jammu and Kashmir
Decided on : Dec-02-2003
Reported in : 2004(1)JKJ1
V. K. Jhanji, A.C.J1. Justice hurried is justice burried. This is an old legal maxim which, over and above court practices and procedures, has served, and should serve, us as a guiding caution in the process of dispensation of justice. It would be apt to the context to recall to ourselves that we, as Judges, have plentitude of judicial power in all matters concerning the general administration of justice. This power enables us to exercise control over process by regulating proceedings, by preventing abuse of process and, if necessary, by compelling observance of the process. Such jurisdiction, as a Court of Justice, may be invoked or exercised not only in relation to parties in pending proceedings, but in relation to any one, whether a party or not. We are supposedly immune from committing errors, mistakes or wrongs. We, as judges, know our absolute privileges: we have a freedom from action and question.2. All this -- the jurisdiction, the plentitude of powers the immunity and above al...
Tag this Judgment!Court : Jammu and Kashmir
Decided on : Oct-09-2003
V. K. Jhanji, C.J. Acting1. This Criminal Reference arises out of proceedings under section 488 Cr. P. C. initiated by respondents before the learned Judicial Magistrate, Ist Class, Magam.2. On 9th June, 2001, respondent No.1, Mst. Saja, filed an application under section 488 Cr. P. C. before the learned Judicial Magistrate, seeking grant of maintenance allowance in her favour as being the legally wedded wife and three minor children, namely, respondents 2, 3 and 4, of petitioner, Manzoor Ahmad Khan, namely, the petitioner herein, on the ground of neglect and refusal to maintain. Upon notice, the petitioner herein, on 13th August, 2001, presented an application before the learned Magistrate. In that application, the petitioner stated that, on account of absence of his wife, mst. Saja, from his house, he was up-set and, therefore, made a 'bona fide' offer to respondent No.1 to return to his society and live with him as his wife. In this behalf, he sought intervention of the learned Magi...
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