Court : Jammu and Kashmir
Decided on : Apr-01-1983
Reported in : [1983]54STC65(NULL)
I.K. Kotwal, J.1. We propose to dispose of this bunch of writ petitions by a common judgment as they raise common questions of law.2. Except Mangat Ram, the petitioner in Writ Petition No. 37 of 1978, who is running a dhaba, all other petitioners are halwais by profession. Till 11th October, 1972, all dhabawallas, lohwallas, tandoorwallas, tea-stall holders and halwais were exempt from payment of sales tax under entry No. 68 of Schedule II to SRO No. 157 dated 15th May, 1965, issued by the Government in exercise of its powers under Section 5 of the Jammu and Kashmir General Sales Tax Act, 1962, hereinafter to be referred to as the Act, which had undergone many changes from time to time till then; the last amendment in it being made on 8th October, 1971, by SRO No. 525. On 11th October, 1972, the Government by virtue of SRO No. 729, withdrew the exemption enjoyed till then by halwais, dhabawallas, tandoorwallas, lohwallas and tea-stall holders. Entry No. 34 was added to Schedule I to th...
Tag this Judgment!Court : Jammu and Kashmir
Decided on : Apr-27-1983
Reported in : AIR1983J& K91
1. By an Act called 'the Jammu and Kashmir Requisitioning and Acquisition of Immovable Property Act, 1968' (shortly, the Act), the State Legislature has made provisions for the requisitioning and acquisition of immovable property in connection with the purposes of the State or of the Union. Section 21 provides for the requisition of the property at the instance of the Union and says as under :'21. Requisitioning of property at the instance of the Union.-- (1) Where any immovable property situate in the State is required by the Union Government in connection with the purposes of the Union and a requisition in that behalf is received by the Government, the Government shall notify that such property be requisitioned. 2. Upon such notification the provisions of the Act shall apply in the same manner as they apply in respect of the property requisitioned for the purpose of the Stale.'2. Section 7 provides for the power of the State Government to acquire the property which has been previousl...
Tag this Judgment!Court : Jammu and Kashmir
Decided on : May-05-1983
Reported in : AIR1984J& K10
ORDERI.K. Kotwal, J. 1. By means of this writ petition, the petitioners seek to challenge two Govt. Orders viz.: Govt. Order No. FST/15 of 1982 dated 29-1-1982 and Govt. Order no. FST/22 of 1982 dated 6-3-1982. These orders read as below: 'Government Order No. : FST/15 of 1982dated 29th Jan., 1982In supersession of all previous orders relating to grant of extension(s) to the forest leases, it is hereby ordered that henceforth no such extension whatsoever will be granted and powers already delegated in this behalf at various levels may be deemed to have been withdrawn. In special cases, however, where extension is justified by natural calamities, the cases should be submitted by the Chief Conservator of Forests through the Minister In charge Forests to the Cabinet for orders in individual cases. By order of the Govt. of Jammu and Kashmir. (Sd.) J.P. Kesar,Secretary to Government,.. Forest Department.''Govt. Order No. : 22-FST of 1983dated 6th March, 1982In supersession of all previous ...
Tag this Judgment!Court : Jammu and Kashmir
Decided on : Jun-24-1983
Reported in : AIR1984J& K1,[1986]60CompCas204(NULL)
Kotwal, J. 1. The appellant herein is the Life Insurance Corporation of India, which as been directed by District Judge, Jammu, by a decree of mandatory injunction, to pay to the plaintiffs respondents, Smt. Iqbal Kaur and her two daughters Talwinder Kaur and Salvinder Kaur, the amount covered by the policy, which the appellant had issued jointly in favour of one S. Amar Singh and his wife Harbans Kaur.2. Put briefly, the respondents' case is that S. Amar Singh the husband of respondent Iqbal Kaur and the father of the other two respondents, had taken out a policy, being No. 6420679, jointly in his name and in the name of his wife Harbans Kaur on 28-12-1957, in terms whereof, on the death of one of the assured, the surviving assured would be entitled to get a sum of Rs. 20,000/-from the appellant Corporation. Harbans Kaur having died on 10-6-1959, a claim for Rs. 20,000/- was preferred by S. Amar Singh to the appellant, but his claim was neither accepted nor rejected by it during his l...
Tag this Judgment!Court : Jammu and Kashmir
Decided on : Nov-24-1983
Reported in : AIR1984J& K59
A.S. Anand, J. 1. This civil 1st Misc. appeal is directed against the judgment arid decree dated Feb. 20, 1979, passed by District Judge, Jammu, dismissing the petition for divorce filed by the appellant. 2. The facts leading to the filing of the appeal may be noticed first. The appellant is the husband. Respondent is the wife, the marriage between the parties was solemnized on 7-3-1969. Parties lived together for some time. It appears that some matrimonial differences arose between the parties and an application for restitution of conjugal rights was filed by the appellant on 28-7-1970 and an ex parte decree was obtained by him on 3-11-1971. The appellant filed an execution application on 4/7th Mar., 1972, to which objections were filed by the respondent on 29-1-1973. The execution application was, however, consigned to records in absence of the parties on 8-5-1973. The appellant filed a petition for divorce - on 28-12-1973. The following issues were framed on 20-3-1974:-- 1. Whether ...
Tag this Judgment!