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G.K.MITTER, J.M.SHELAT, K.N.WANCHOO
Jammu And Kashmir Bank – Appellant
Versus
Attar-ui-nisa: Raja Mohd Afzal Khan – Respondent
Judgment
WANCHOO, J. : These are two connected appeals on certificates granted by the Jammu and Kashmir High Court and raise a common question of law. We shall therefore give the facts of one appeal (No. 702) in order to appreciate the question of law which calls for decision.
2. Sultan Mohd. Matawali Khan (hereinafter referred to as Sultan Mohd.). Ilaqadar of Kathai was the predecessor-in-interest of the respondents. He had borrowed a sum of Rs. 40,000/- from the appellant-bank on the basis of a promissory-note on November 5, 1941. Before the bank advanced the loan, the Government of the then State of Jammu and Kashmir was approached and it was arranged that the debt would be liquidated through Government. For that purpose an order was issued by the Government that land-revenue of certain villages from the jagir of Sultan Mohd. amounting to Rs.5076/9/6 would be collected by Government and the amount credited in the treasury to the credit of the bank till the sum of Rs. 40,000/- along with interest due thereon was liquidated. It was in consequence of this arrangement that the bank advanced the sum of Rs. 40,000/- to Sultan Mohd. After the loan had been taken and the pro-note executed
None identified. No snippets contain keywords or phrases indicating overruling, reversal, abrogation, criticism, questioning, or any form of negative treatment (e.g., no mentions of "overruled," "reversed," "distinguished," "criticized," or "questioned").
These cases positively cite or rely upon precedents (primarily Jammu and Kashmir Bank Ltd. v. Attar-Ul-Nisa, AIR 1967 SC 540), indicating approval or following:
Ameen Trading Co. VS Bank of Baroda - 1993 0 Supreme(Ker) 255: "Reliance was placed on the decision in Jammu and Kashmir Bank Ltd, v. Attar -Ul-Nisa and anr. (AIR 1967 SC 540)."
STATE BANK OF INDIA VS CITIZEN PROTECTION FORUM - Consumer (1996): Directly cites "Jammu & Kashmir Bank Ltd. v. Attar-ul-nisa AIR 1967 SC 540" in context of legal argument.
Pandurang VS Akola District Central Co-Operative Bank Ltd. - Dishonour Of Cheque (2004): "The learned counsel has placed reliance on the Judgment of the Apex Court reported in Jammu and Kashmir Bank Ltd. v."
Pandurang Narayan Mangle VS Akola District Central Co-operative Bank Ltd. & another - 2004 0 Supreme(Bom) 1565: "The learned Counsel has placed reliance on the judgment of the Apex Court reported in A.I.R. 1967 S.C. 540, (Jammu and Kashmir Bank."
Praful Steels and Anr. VS State Bank of India - Dishonour Of Cheque (2007): "Learned Counsel for both the parties have cited Jammu and Kashmir Bank Ltd. v."
Bank of India VS Vinaben I. Purohit - 2011 0 Supreme(Guj) 16: "The decision relied on in the case of Jammu and Kashmir Bank Ltd. vs. Attar-Ul-Nisaand Raja Mohd. ... reported in AIR 1967 SC 540."
Metro Exporters VS State Bank of India - 2014 0 Supreme(SC) 345: "Learned Counsel appearing for the Appellant brought to our notice a judgment of this Court in Jammu and Kashmir Bank Ltd. v."
S. Anil Kumar VS Government of Tamil Nadu - 2020 0 Supreme(Mad) 2124: "relied upon the following judgments: a) AIR 1967 SC 540 (Jammu."
Topline Shoes Limited VS Punjab National Bank - 2022 7 Supreme 766: "Bhat relies on the judgment of this Court in the case of Jammu and Kashmir Bank Ltd. v."
Kantilal Jamnadas VS Jammu & Kashmir Bank Ltd. - Consumer (2022): "The complainants relied upon the judgment of Supreme Court in Jammu and Kashmir Bank Ltd. Vs."
Dhanaraj Meghraj Rajpal VS American Express Banking Corporation, formed under the New York State Banking Laws, U. S. A. , Through its Director - 2024 0 Supreme(Bom) 315: "placed reliance on Judgment in Jammu and Kashmir Bank Limited Vs."
Dhanaraj Meghraj Rajpal VS American Express Banking Corporation formed under the New York State Banking Laws, U. S. A. - 2024 0 Supreme(Bom) 2: "placed reliance on Judgment in Jammu and Kashmir Bank Limited Vs. ... Jammu and Kashmir."
These cases lack clear treatment language (e.g., no "reliance," "cited," "followed," or negative indicators), making treatment ambiguous:
LOHIA TRADING CO. VS CENTRAL BANK OF INDIA - 1977 0 Supreme(Cal) 335: Snippet appears to reference a case titled "Director of Enforcement and Jammu Kashmir Bank Ltd. v. ..." with discussion of contract acceptance; no explicit treatment of any precedent.
POWER GRID CORPORATION OF INDIA LTD VS CANARA BANK - 2006 0 Supreme(Del) 674: No mention of any case law, precedent, or treatment language; focuses on factual relationships between Citi Bank, Canara Bank, etc.
Anil Kumar VS Chief Manager, Bank of India, Church Road Branch, Ranchi - 2021 0 Supreme(Jhk) 698: Discusses facts involving "Sultan Mohd." and bank actions (echoing facts from Jammu and Kashmir Bank Ltd. v. Attar-Ul-Nisa), but no explicit citation, reliance, or treatment phrase; appears to apply similar principles without signaling treatment.
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