Court : Jammu and Kashmir
Reported in : AIR1981J& K27,(1985)IILLJ140J& K
ORDER1. On 18-10-1977, the District Recruitment Board, Srinagax, (hereinafter called 'The Board') issued an advertisement inviting applications for the posts of male teachers in the grade of 220-430 in the Education Department. The qualifications prescribed for the posts, as given in the notice, were as under : (i) M. Sc./M. A. Math. (ii)/B. Sc./Graduate with Geography Commerce, or (iii) B. A., B. Ed/M. A. Arts, or (iv) B. A. with Math., or (v) P.B.C trained. The petitioner is a science graduate and he has passed B. Sc. from the Kashmir University in the year 1972. Respondent No. 6 is a simple graduate and he has passed B. A. with Persian and Urdu as his elective subjects. Both of them inter alia applied for the appointment The Board selected respondent No. 6 for appointment against one of the available posts and rejected the petitioner. By means of this petition under Article 226 of the Constitution, the petitioner has challenged the selection of respondent No. 6 as void, illegal and ...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : AIR1981J& K28
ORDER1. By means of this petition under Article 226 of the Constitution of India the petitioner has challenged the validity of the proceedings for the recovery as arrears of land revenue of a sum of Rs. 28,603-81 allegedly due and payable on account of the advances made for the supply of meat on hoof to the Government. The argument of the learned counsel for the petitioner is that the recovery proceedings are void, illegal and without jurisdiction. The argument is founded upon Section 91 of Jammu and Kashmir Land Revenue Act, 1996. Section 91 so far as relevant, provides :'In addition to any sums recoverable as arrears of land revenue under this Act or any other enactment for the time being in force, the following sums may be so recovered, namely : (r) all sums payable to the Government which the Government may, from time to time by notification in the Government Gazette declare to be recoverable as arrears of land revenue.' 2. It is admitted that in pursuance of Clause (r) the Governm...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : AIR1981J& K21
Anand, J.1. Brief facts may first be noticed. The appellant was acting as a contractor for carriage of food grains by an order of the Director. Food and Supplies, Jammu. A complaint was made to the effect that food grains had been delivered short of consignment. The Deputy Commissioner, Food and Supplies, Jammu, thereupon enquired into the matter and certified that an amount of Rs. 90699/- was due from the appellant on account of the shortage of food grains delivered by him, while acting as the carriage contractor. This amount was sought to be recovered from the appellant as arrears of land revenue. A writ of demand was issued to the appellant calling upon him to make the payment of Rs. 90699/-. The appellant filed a writ petition questioning the recovery principally on the ground that no hearing had been granted to him before the amount was certified as due and recoverable from him as arrears of land revenue. The writ petition was decided against the appellant on 30-9-1969 and the jud...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : AIR1981J& K40
Dr. Anand, J.1. Petitioner, a Halwai by profession, aggrieved by the notification dated 10-10-1978, issued by the 1st respondent under Clause 3 (1) (c) of the J. and K. Hoarding and Profiteering Ordinance, 2000 (hereinafter referred to as 'the Ordinance') fixing the sale price of some sweetmeats, has challenged the vires of the said Ordinance, inter alia, on the grounds; (1) that the 'emergency' which had necessitated its promulgation in the year 1943, having come to an end by the cessation of World War-II in 1946, the Ordinance does not survive, (2) that the failure of the Government to pass an order under Sub-clause (4) of Clause 1 of the Ordinance cannot by itself exr tend the life of the Ordinance beyond the period of the said 'emergency'; (3) that the Ordinance has lapsed after the enforcement of the Jammu and Kashmir Constitution. 1956 which expressly repealed the Constitution of 1996, under Section 5 of which, the Ordinance was issued in Samvat 2000; and (4) that the Essential C...
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