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Judgment Search Results Home > Cases Phrase: mediation Court: jammu and kashmir Year: 2004 Page 1 of about 63 results (0.013 seconds)

Mar 26 2004 (HC)

Amar Singh Vs. State of J and K and ors.

Court : Jammu and Kashmir

Decided on : Mar-26-2004

Reported in : 2004(2)JKJ157

..... .'7. it is accordingly contended that the commissioner of inquiry, j&k; government has concluded on inquiry that ajay khajuria was illegally appointed as dy. director, without touching the inter-mediate post of assistant director in the department against all norms and illegally. mr. thakur has further referred to government order no. 21-tsm of 1993 dated 29-1-1993 whereby .....

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Feb 23 2004 (HC)

Gh. Nabi Gowhar Vs. State of J and K and ors.

Court : Jammu and Kashmir

Decided on : Feb-23-2004

Reported in : AIR2004J& K104,2004(2)JKJ70

..... prescribed therefor by the very provision of law, tehsildar collector is to pass the final order in the case. the final order has not been yet passed. matter is at mediate stage and is yet to reach the final stage. by issuance of the show cause notice, no rights of the petitioner are violated.2. in the facts and circumstances of .....

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May 28 2004 (HC)

Dharmej Singh Vs. State

Court : Jammu and Kashmir

Decided on : May-28-2004

Reported in : 2004CriLJ4341,II(2005)DMC607,2005(2)JKJ140

..... rs. 19,000/- from her parents for the accused.25. ishar dass is also a witness to heated discussions between the deceased and the accused in school premises and he mediated between them.26. p.w. angrez singh was zonal education officer, bani, to whom also the deceased made a complaint at his residence that the accused had been beating and .....

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Nov 29 2004 (HC)

Yaqoob Laway and ors. Vs. Gulla and anr.

Court : Jammu and Kashmir

Decided on : Nov-29-2004

Reported in : 2005(3)JKJ122

hakim imtiyaz hussain, j.1. this civil second appeal is directed against the judgement and decree dated 31.12.1988 passed by the district judge, anantnag in civil first appeal against the judgement and decree passed by the sub-judge, kulgam dated 28.2.1986 in cos titled gulla v. yaqoob laway and ors.2. the matter relates to adoption under customary law. the parties are muslims and the dispute between them is on the landed property left by one ismail laway of village hanand, tehsil kulgam.3. gulla (pisar parwarda) - contesting respondent no. 1 (hereinafter referred to as the plaintiff) filed a suit for declaration against yaqoob pisar ismail laway and others in the court of sub-judge, kulgam on 08.11.1974. the plaintiff alleged that he was the adopted son of one ismail laway while as yaqoob - appellant no. 1 and mst. hajira and others- appellant nos. 2 to 4 and proforma respondent no. 2 (hereinafter referred to as the defendant) were the issues of said ismail laway. yaqoob was his son and the other defendants were his daughters. according to the plaintiff deceased ismail laway left landed property at village hanand under khewat nos. 40/40 and 41/41 and trees under khewat no. 18. he claimed that he was entitled to inherit alongwith the defendants was pisar parwarda of ismail laway and sought declaration for the same. the defendants denied his claim that he was the adopted son of ismail laway and asserted that the plaintiff had no right to inherit any portion of the property .....

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Apr 23 2004 (HC)

Babu Ram Vs. Tehsildar and ors.

Court : Jammu and Kashmir

Decided on : Apr-23-2004

Reported in : 2004(2)JKJ246

permod kohli, j. 1. petitioner who was owner of the land measuring 51 kanals 3 marlas comprised in khasra nos. 696, 699, 970-72, 982-96, 988-89 situated in village bamal, tehsil r.s. pura, initiated proceedings for eviction of respondents no. 2 to 4 under section 46 of the jammu and kashmir tenancy act vide his application dated 7-11-1960 before the collector, jammu on the grounds that respondent no. 2, who entered as a protected tenant surrendered his protected tenancy rights by an oral notice and entered into fresh agreement for the cultivation of land as a tenant at will alongwith respondents no. 3 & 4. this application was resisted by the respondents on the plea that respondent no. 2 being 'karta' of the joint hindu family comprised of respondents no. 3 & 4 as its co-parceners, have been in cultivating possession of the land as protected tenants. they also denied the factum of surrender of protected tenancy rights and the execution of the fresh agreement for cultivation of the land as tenants at will. the assistant commissioner, who entertained the application granted the relief to the petitioner vide his judgment dated 16-3-1965 and arrived at the finding that there has been relinquishment of tenancy rights by oral notice as contemplated by section 41 of the tenancy act. according to this judgment a corresponding entry was made by the patwari of the factum of surrender of tenancy rights and entry of the fresh agreement in 'roznamcha wakayati'. aggrieved of the afore-said .....

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Jun 10 2004 (HC)

Jagdish Raj and ors. Vs. Bhan Kour and ors.

Court : Jammu and Kashmir

Decided on : Jun-10-2004

Reported in : 2004(3)JKJ521

s.k. gupta, j.1. this appeal is directed against the order dated 13.11.1998 propounded by the learned single judge in owp no. 442 of 1989 entitled jagdish raj and anr. v. smt. bhan kour and ors.2. by means of the aforesaid judgment and order, the learned single judge affirmed the finding of the jammu & kashmir special tribunal, jammu that proceedings pertaining to the dispute as to whether who would inherit the occupancy rights of rehmat ali should be deemed to have been abated.3. the dispute pertains to land aggregating 18 kanals contained in khasra no. 266 and 266 min in village raipur satwari, tehsil & district jammu. rehmat ali has occupancy right in the land under bhagat ram proprietor. after the death of rehmat ali all his occupancy rights of tenancy stood transferred in the name of his two sisters namely noor jahan and mst. ghulam fatima, vide order dated 4th magh 2001 passed by revenue assistant on mutation no. 133. bhagat ram proprietor of the land challenged the mutation in appeal on the ground that occupancy right of the deceased rehmat ali could be inherited in accordance with section 67 of the tenancy act. while accepting the appeal, the then governor/collector, jammu set side the order dated 31.5.1964 of the revenue assistant passed on mutation no. 133 and remanded the case for passing a fresh order in accordance with law. it was observed by the governor that the mutation for holding of rehmat ali should have been in the first instance mutated in the name of his .....

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May 01 2004 (HC)

Gori Shanker Vs. Mangoo Ram and ors.

Court : Jammu and Kashmir

Decided on : May-01-2004

Reported in : 2004(2)JKJ152

y.p. nargotra, j.1. this letters patent appeal arises from the order of learned single judge dated 16.2.1999 passed in owp no.597/1990,whereby the order passed by special tribunal jammu remanding the case back has been upheld.2. the relevant facts of the case briefly stated are that ishru was the protected tenant of the land measuring 16 kanals and 8 marls comprising in khasra no.195 situated at village kalar-himti tehsil udhampur. he died somewhere in 1964. after his death his tenancy rights came to be inherited by his minor son ashok kumar and entry to this effect was recorded on 22.4.1971 by tehsildar udhampur. in khasra girdawari land was recorded in actual cultivation of gouri shankar appellant, the real uncle of ashok kumar minor. this order of tehsildar was challenged in appeal before the collector where gouri shanker appellant admitted that he was cultivating the land on behalf of his minor nephew ashok kumar. the collector by his order dated 18.3.1972 directed that ashok kumar be entered as tenant in actual cultivating possession of the disputed land. thus the said ashok kumar was held to be tenant in actual cultivating possession.3. it appears that the respondent mangoo had purchased the disputed land from the owners thereof. on 11.4.1974 naib tehsildar after making some enquiry attested a mutation in favour of the respondent mangoo and recorded him to be in actual cultivating possession of the disputed land since kharif 1971 for the first time.4. the mutation order .....

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May 14 2004 (HC)

Amar Nath Vs. State of Jammu and Kashmir and ors.

Court : Jammu and Kashmir

Decided on : May-14-2004

Reported in : 2004(2)JKJ530

permod kohli, j.1. petitioner and respondent no. 5 migrated during the partition of 1947 alongwith ram saran their uncle. they approached the rehabilitation department for allotment of land being refugees. ram saran being the eldest member was made head of the family comprising of petitioner, respondent no. 5 and his family. land measuring 32 kanals comprising kh no. 86, 122/37, 34 & 37-min situated at kotli galabana, tehsil r.s. pura was allotted to them under cabinet order no. 578-c of 1954. the possession of the same was also delivered and the same was being cultivated by the petitioner, respondent no. 5 and ram saran. ram saran died in the year 1977. respondent no. 5 approached the authorities after the death of ram saran and got himself declared as head of the family comprising of members of his family excluding the petitioner as member of the family. consequently a mutation under section 3-a of the jammu and kashmir agrarian reforms act being mutation no. 304 came to be attested in favour of respondent no. 5. petitioner on acquiring the knowledge of the same challenged the said mutation before the agrarian reforms commissioner in appeal which was accepted and vide order dated 22-11-1983 the mutation was set aside. respondent no. 5 challenged the order of the agrarian reforms commissioner by way of revision before the government (the then hon'ble minister) and later on with the constitution of the special tribunal, the same was decided by the j&k; special tribunal, who .....

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Oct 28 2004 (HC)

Abdul Rahim Shoru Vs. Jawahir Lal Koul Jalali and ors.

Court : Jammu and Kashmir

Decided on : Oct-28-2004

Reported in : 2005(1)JKJ480

nisar ahmad kakru, j.1. respondent no. 1 on the one hand had to migrate due to turmoil the valley is going through and on the other he is deprived of his proprietary rights by naib tehsildar buchhwara by sheer stroke of his pen without hearing him, obviously, the old adage 'misfortunes never come alone' is aptly attracted traceable to order of mutation dated 28-06-1992 passed against a dead person namely pandit prem nath jalali favoring another dead person namely sidiq bhat one of the beneficiaries of the mutation. being aggrieved, the order came to be challenged before the financial commissioner which was resisted on the ground of being barred by limitation but the objection could not sustain, consequently turned down by order dated 13-08-2003. it is the said order which is impugned by medium of this writ petition contending that appeal has to abate, for, some of the tenants were dead on the date of institution of appeal. to bring home the point, the learned counsel for the petitioner has relied upon the judicial decisions, relevant paras thereof are extracted here under:band of commerce ltd. khulna v. protap chandra (air (33) 1946 federal court 15).'.the proper test to be applied in dealing with such cases was adopted by the allahabad high court in 54 all.280. the learned judges there said:'we can find no justification for holding that ignorance of the death, in the absence of negligence or other act or commission for which the applicant can be held to be responsible, .....

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Apr 15 2004 (HC)

Kewal Krishan Vs. State of J and K and ors.

Court : Jammu and Kashmir

Decided on : Apr-15-2004

Reported in : 2004(3)JKJ198

nargotra, j.1. this letters patent appeal arises from the judgment dated 9.11.1999 passed by the learned single judge whereby owp no. 285/95 has been dismissed.2. the case of the appellant/writ petitioner in the writ petition was that petitioner's father being in continous and cultivating possession over the state land measuring 6 kanal and 6 marlas comprising in khasra no. 62/min.situated in village murlian tehsil r.s.pura since 1956 became entitled to be regarded as tenant-at-will in view of govt.order no. lb-6 and also became entitled for conferment of ownership rights under govt.order no. 432-c of 1966. the father of the petitioner claimed benefit of govt.order no. 254 of 1965. tehsildar r.s.pura attested mutation no. 394 by his order dated 19.11.1982 in his favour giving him the benefit of the said govt.order.3. the order of tehsildar was challenged by the respondent no. 6 before the financial commissioner in a revision petition filed against the petitioner who was continuing in possession after the death of his father. learned financial commissioner accepted the revision and set aside the order of tehsildar and while remitting the case back directed that the 'plea of the non-applicant that he is in physical possession of the land since 2013 bk and acquired the rights of 'tenant-at-will' (i.e. by lb-6 of 1958) may also be kept in view.'4. tehsildar settlement accordingly attested mutation no. 354 in favour of the appellant in acceptance of the claim of the appellant .....

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