JAMMU AND KASHMIR HIGH COURT
Murtaza Fazl Ali, CJ, Gurtu, J
Abdul Samad v. State of J. and K
| Table of Content |
|---|
| 1. appeal based on injunction and royalty claims. (Para 1 , 2) |
| 2. dispute over appeal's maintainability. (Para 5 , 6) |
| 3. challenging legal and constitutional validity. (Para 18 , 19) |
| 4. understanding application of section 52. (Para 28 , 29) |
| 5. provisions not violating constitutional principles. (Para 34 , 41) |
| 6. dismissal of both appeal and writ petition. (Para 43 , 44) |
1. This is an appeal under Clause 12 of the Letters Patent from the order dated 27-1-1968, made on the original side of this court by Hon'ble Gurtu, J. vacating the temporary injunction restraining the defendant - respondent from realizing the balance of royalty said to be due on the basis of the agreements (dated 17th Katik 2008 and 9th January, 1961) for sale and purchase of the right of conversion and removal of timber from the trees marked for felling in compartments Nos. 22 (Rest) South Lolab B Coupe, 94, North Lolab B Coupe, 51, 52a, 52b, and 53 (a) South Lolab and 86 North Lolab of Kamraj Forest division Kashmir North Circle. The temporary injunction which has been vacated appears to have been issued on 30-11-1967 on plaintiff - appellant's application in Civil Suit No. 33 of 1967 for recovery of R
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