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Judgment Search Results Home > Cases Phrase: mediation Court: jammu and kashmir Year: 2003 Page 1 of about 75 results (0.014 seconds)

Dec 02 2003 (HC)

Jammu Dev. Authority Vs. Bhag DIn and ors.

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 all the freedom- not much for our sake as for the sake of the public; for advancement of justice: so as to be free in thought and the process of judgment making, that is, administration of justice. when we talk of dispensation or administration of 'justice'; the word partakes and embraces the broad principles of providing a fair, reasonable and just opportunity of hearing and of defending, i. e., observance of principles of natural justice. after all, we are entrusted with the most onerous task of .....

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Mar 07 2003 (HC)

Reshma Devi and anr. Vs. Spl. Tribunal and ors.

Court : Jammu and Kashmir

Decided on : Mar-07-2003

Reported in : 2003(2)JKJ313

s.k. gupta, j.1. the writ petitioners by means of this writ petition have invoked the writ jurisdiction of this court in seeking to quash the order dated 16.10.2000 passed by the jammu and kashmir special tribunal, jammu by virtue of which the mutation orders of naib tehsildar, vijaypur and tehsildar, agrarian reforms, samba are set-aside.2. the case of the petitioners as projected in the writ petition is that shri rasal singh, the predecessor-in-interest of petitioner no. 1 was declared as tenant of the land aggregating 04 kanals and 04 marlas in village gagore, tehsil samba by mutation no. 157 attested by the naib tehsildar, vijaypur. shri rasal singh was also conferred the ownership rights by the tehsildar, agrarian reforms, samba, vide mutation no. 161 attested under section 8 of the agrarian reforms act on 7.8.1986. in the like manner, mutation no. 172 dated 10.3.1998 was attested under section 4 of the agrarian reforms act, in declaring shri anant singh as prospective owner of the land measuring 11 kanals and 16 marlas situated in village gagore,tehsil samba. tehsildar, agrarian reforms, samba, vide mutation no. 173attested mutation on 10.5.1988 and conferred ownership rights on petitionerno. 2, shri anant singh on the land measuring 11 kanals and 16 marlas inthe said village.3. aggrieved by these mutations attested in favour of the petitioners by the revenue authorities, the respondents assailed their correctness before the additional.deputy commissioner, agrarian .....

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Mar 19 2003 (HC)

Mohd Maqbool Raina Vs. State of Jandk and ors.

Court : Jammu and Kashmir

Decided on : Mar-19-2003

Reported in : 2003(2)JKJ134

permod kohli, j. 1. aggrieved of the order dated 2-12-1996 passed by member, j&k; special tribunal, srinagar in exercise of its revisional powers under section 21(2) of the j&k; agrarian reforms act, 1976, the petitioner has preferred the present writ petition challenging the same.2. petitioner claims to be the tenant of the respondents 5 to 12 and sattar, predecessor-in-interest of respondents 9 to 12, prior to kharif 1971. his case as projected before the courts below was that entry regarding his possession was not reflected in the concerned revenue record and accordingly he applied for correction of entry through 'sahti kasht' in the year 1983, the tehsildar chadura who initiated the proceedings for correction of entry, summoned the respondents 5 and 6 and sattar, the common encestor of respondents 7 to 12 who presented affidavits before him and also recorded their statements, admitting the claim of the petitioner of being in possession of the land measuring 13 kanals and 17 marlas comprising of survey nos. 497/ min (6 kanals 4 marlas), 501/min (4 kanals 2 marlas) and 503/ min (3 kanals and 1 marla) situated at barwa tehsil chadura. on the basis of admission, of the owners in respect to actual possession of the petitioner in kharif 1971, the crucial period for conferment of benefits under the provisions of the agrarian reforms act, the tehsildar chadura, recorded and attested mutation no. 457 dated 14-5-1983.3. it appears that private respondents and their predecessor .....

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Mar 07 2003 (HC)

Raghubir Singh Vs. Hon'ble Member, J and K Special Tribunal and Ors.

Court : Jammu and Kashmir

Decided on : Mar-07-2003

Reported in : 2003(3)JKJ56

s.k. gupta, j.1. mutation no. 1908 in respect of land located in village paloura was attested by the tehsildar, jammu on 15th may, 1986, whereby entry of cultivation was corrected by entering the name of the petitioner as tenant. against this order of mutation and correction of the entry, an appeal came to be preferred before the joint financial commissioner by the respondents. an order for maintaining status-quo on the spot was passed by way of an ad-interim relief in the said appeal. during the currency of the proceedings in the said appeal, tehsildar jammu by virtue of mutation no. 3752, made another order dated 17th may, 1991 in terms of section 12 of the agrarian reforms act, vesting the proprietary rights on the petitioner in respect of the land aggregating 2 kanals and 1 marla; out of 6 kanals and 4 marlas of land and allowed the resumption of the remaining land by shri buti sing. both the cases pertain to the same land, between the same parties and thus were clubbed by transferring from joint financial commissioner to financial commissioner. the financial commissioner after hearing the parties and scanning the material including the revenue record held that the mutations are contrary to the spirit of agrarian reforms act and set at naught the objective as espoused in the act to benefit the tillers. rather the mutation no. 3752 has been used as a subterfuge for introducing new tenancy and to circumvent the provisions of law and financial commissioner set aside the .....

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May 20 2003 (HC)

Ab Ahad Akhoon Vs. Financial Commissioner and ors.

Court : Jammu and Kashmir

Decided on : May-20-2003

Reported in : 2003(3)JKJ237

permod kohli, j.1. one khazir wani was the estate holder of village pinglishi. he died leaving behind reshu, son, mst. zaina and mst. fatta daughters. his estate in the village devolved upon his legal heirs mentioned above in accordance with the muslim personal law. the mutating officer attested mutation order no. 573 in respect to the estate of khazir wani. while attesting mutation, mst. fatta one of the daughters was excluded from inheritance on the ground that she was married outside her parental home. this exclusion was allegedly on the basis of some custom. the petitioner herein is the son of mst. fatta and after her death, he challenged the mutation order no. 573, dated 29.11.1971 before the financial commissioner, who dismissed the revision vide his order dated 29.11.1994, upholding the mutation. review petition was preferred before the financial commissioner, which also came to be rejected vide judgment dated 20.10.1976. the financial commissioner while rejecting the review held that there is no error apparent on the face of the record and otherwise also, the review petition is not maintainable having been filed beyond the period of limitation of 90 days as prescribed under law. all these orders i.e. mutation order no. 563, dated 29.11.1971, order of financial commissioner dated 29.11.1994 in the revision as also order dated 29.10.1996 passed in review petition have been assailed in the present writ petition.2. petitioner has challenged the mutation primarily on the .....

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May 30 2003 (HC)

Syed Maqbool Shah and ors. Vs. State and ors.

Court : Jammu and Kashmir

Decided on : May-30-2003

Reported in : AIR2004J& K52,2003(3)JKJ473

v.k. jhanji, a.c.j.1. by this common order we propose to dispose of lpa(ow) no. 68/2000 and lpa(ow) no. 283/1998.2. lpa(ow) no. 68/2000 is directed against order dated 10.02.2000 of the learned single judge passed in owp no. 97/1979 whereby the property in dispute has been held to be a wakf property. lpa(ow) no. 283 is directed against order dated 10.09.1998 passed in owp no. 520/1982 whereby order dated 30.04.1982 passed by the deputy minister, aukaf affairs in so far it directed the payment of 25% of the total offerings (nazur-i-niaz) to the appellants on humanitarian grounds has been set aside and the property has been held to be a trust property which cannot be utilized for any other purpose other than prescribed in the jammu & kashmir wakafs act.3. in brief the facts are that shah farid-ud-din, a saint and his son shah assrar-ud-din also a saint lived in the area of kishtwar.shah farid-ud-din died in 1725 ad, whereas his son pre-deceased him. after their demise their graves became a place of worship for those who had faith in them. these places are called 'ziarat of shah farid-ud-din' and 'ziarat of shah assarar-ud-din'. it is the admitted case of the parties that both the ziarats were being managed by the sajjad nisheens syed lutfullah shah and peer nizam-ud-din. on coming into force of the jammu & kahmir muslim wakfs act, 1959 under section 4(3) of the act a special officer was appointed to make a report pertaining to the wakfs properties situate at kishtwar. the .....

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Mar 13 2003 (HC)

State of Jandk Vs. Prem Parkash and anr.

Court : Jammu and Kashmir

Decided on : Mar-13-2003

Reported in : 2003(2)ALT(Cri)11,2003CriLJ2932,2003(2)JKJ334

s.k. gupta, j.1. this is an appeal against the judgment dated 17.7.1995 propounded by special judge anti-corruption, jammu, whereby prem parkash, tehsildar and charan dass, patwari, have been acquitted for offences under section 5(2) of the prevention of corruption act, 2006 read with section 161, rpc.2. vigilance organization jammu sent up for trial accused prem parkash, tehsildar and charan dass, patwari in the court of special judge, anti-corruption, jammu for the commission of offence under section 5(2) of the prevention of corruption act, 2006 and section 161, rpc in alleging that the accused have demanded and obtained illegal gratification of rs. 3.000 from prabh dayal, complainant, on 31.1.1990 for mutating ancestral land in his favour. the case of the prosecution in nutshell is that prabh dayal, complainant approached the accused, who happened to be employees of the revenue department for according mutation of his land. the accused demanded a bribe of rs. 3,000, which was stated to have been paid in presence of krishan chand and romesh chander, witnesses, who accompanied the complainant at the relevant time, to charan dass, patwari in the niabat ground, where accused no. 1, prem parkash, tehsildar, was also present. after receiving the amount of rs. 3,000 as illegal gratification from the complainant accused charan dass passed over the said amount to the then naib-tehsildar, prem parkash. on a complaint filed by prabh dayal and after preliminary enquiry, fir no. 44/90 .....

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Jul 31 2003 (HC)

Mst. Azizi Vs. Mst. Fata

Court : Jammu and Kashmir

Decided on : Jul-31-2003

Reported in : 2003(3)JKJ626

syed bashir-ud-din, j.1. this writ petition is directed against the order dated 9.8.2000 in file no. 103 of 2000 of financial commissioner revenue where-under mutation 189 of village behama is annulled in revision after condoning the delay.2. respondent mst. fata filed a revision before settlement commissioner against mutation 189 of village behama of tehsil ganderbal, whereby her name was removed from revenue record. the revision was resisted by present writ petitioner, respondent before the settlement commissioner on the ground that the revision was time barred. however, the settlement commissioner overruled the objections and set the revision petition for hearing on merits.3. petitioner mst. azizi filed a revision against the order of settlement commissioner. the financial commissioner summoned the record and once seized of the record, he upon hearing the counsel for the parties set aside the mutation order of tehsildar after condoning the delay and disposed of the revision on merits. this was done after revision was withdrawn from settlement commissioner to its file by the financial commissioner.4. the order is challenged on the ground that the financial commissioner condoned a delay of over 60 years and has disposed of the main revision when only application was to be decided without giving the writ petitioner adequate opportunity of being heard. provision of section 15 of land revenue act have been violated in as much as the mutation proceedings have been reversed .....

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Aug 22 2003 (HC)

Ghulam Rasool Bhat Vs. State of J and K and ors.

Court : Jammu and Kashmir

Decided on : Aug-22-2003

Reported in : 2004(1)JKJ416

mujaffar, jan, j.1. the writ petition has been filed praying for quashing the award passed under land acquisition act dated 27.1.1999 and for direction to the respondents not to interfere with the land of the petitioner.2. the main submission made in the petition are that the petitioners inherited land measuring 10 kanals under survey no. 76 min, 77 min and 78 min, situated at k. p road, anantnag, form their ancestors who died 30 to 40 year back, and the petitioners continued to be in possession of the said land. respondent no. 2, without complying with the procedural requirements of informing the petitioners by beat drum, public notice and other modes provided under section 4 of the land acquisition act, acquired the land in abject disregard of law passed award, without giving the petitioners an opportunity of objecting to the acquisition proceedings. it was only on 7.7.1999 that the petitioners came to know about acquisition proceedings and approached the official respondents with their objections, but the pleas of the petitioners constituting 37 families, belonging to pool strata of life, were not considered by the respondents and no compensation was paid, in violation of the fundamental rights, therefore, the intervention of the court is requested to quash the award.3. while admitting that 10 kanals of land under survey no. 76min, 77min and 78 min situated at k.p. road, anantnag, was acquired for the use of fire service department in public interest, the stand and .....

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Jul 09 2003 (HC)

Gulla Mir and anr. Vs. State of J and K and ors.

Court : Jammu and Kashmir

Decided on : Jul-09-2003

Reported in : 2004(1)JKJ132

r.c. gandhi, j.1. this letters patent appeal has been directed against order dated 20th march, 2003 passed by the learned single judge in owp no. 58 of 2003, whereby the writ petition, challenging the order dated 31.11.1999 of j&k; special tribunal, has been dismissed.2. the appellants are tenants of ali mir and ghulam hassan mir, co-sharers of the land bearing survey no. 12 and 75/13 measuring four kanals and eighteen marlas situated at village naidgund, shopian. the tehsildar, agrarian reforms attested mutation under section 4 and 8 of the agrarian reforms act, 1976 declaring the appellants prospective owner and conferred proprietary rights respectively upon the appellants in respect of the aforesaid land. the mutation no. 77 of 1984 attested under section 8 of agrarian reforms act 1976 was challenged by means of an appeal by ali mir, co-sharer, before the joint agrarian reforms commissioner, srinagar, who, vide order dated 9.1.1989, while accepting the appeal, set-aside the mutation and directed the tehsildar to hold a de novo inquiry and pass fresh orders. the tehsildar, vide order dated 17.4,1989, accepted the resumption form of ali mir, co-sharer, and permitted him to retain half of the land. this order was challenged before the appellate court, i.e. additional dy.commissioner, pulwama. the appeal was rejected vide order dated 13.5.1989. this order was challenged before the j&k; special tribunal by means of a revision petition which came to be decided on 30.11.1999, .....

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