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Jammu and Kashmir Court February 1992 Judgments

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Feb 28 1992

Rakesh Kumar and ors. Vs. J. and K. State Board of School Education an ...

Court: Jammu and Kashmir

Decided on: Feb-28-1992

Reported in: AIR1992J& K22

ORDERV.K. Gupta, J.1. In all these petitions the petitioners have challenged the order notified by the J & K State Board of School Education Jammu whereby the examination taken by the petitioners was cancelled either in its entirety or to the limited extent of one or two papers. Because the order notified is the same and the factual and legal aspects involved in all the cases are identical these petitions are disposed of by this common judgment.2. The petitioners have approached this Court invoking its extraordinary writ jurisdiction for challenging the aforesaid order The J & K State Board of School Education (hereinafter to be referred to as the Board) has been constituted under Section 3 of the J & K Board of School Education Act, 1975 (Act No. 28 of 1975). This Act was enacted with the purpose and motto to reform and reorganise school education in the State and to consolidate and amend the law relating thereto. The preamble of the Act, perhaps one of the longest that I have come ac...


Feb 26 1992

National Insurance Co. Vs. Kaka Ram and ors.

Court: Jammu and Kashmir

Decided on: Feb-26-1992

Reported in: 1993ACJ402

V.K. Gupta, J.1. This appeal is directed against the award of Motor Accidents Claims Tribunal Jammu pronounced on 28th July 1987, whereby the Tribunal awarded an amount of Rs. 65000/- in favour of the deceased respondent Kaka Ram for the injuries sustained by him in the course of a motor accident. The deceased respondent has since been substituted by his legal heirs by an order of this Court passed separately on 12-12-1990 in C.M.P. No. 405/90.2. During the course of the hearing of this appeal, various preliminary objections about the maintainability of the appeal were taken by Mrs. Seema Gupta, learned counsel appearing for the legal heirs of the deceased-respondent Kaka Ram. Since this appeal can be and is being disposed of on one solitary ground, I need not consider the other grounds raised by Mrs. Gupta.3. The maintainability of this appeal has been challenged by Mrs. Seema Gupta on the ground that it was a time-barred appeal, because the appeal was filed beyond the period of limit...


Feb 17 1992

Ghulam Fatima Vs. State and ors.

Court: Jammu and Kashmir

Decided on: Feb-17-1992

Reported in: 1993CriLJ2719

ORDERS.M. Rizvi, J.1. By medium of this petition for a writ of heabeas corpus, the detention of Manzoor Ahmad Kha, alias Bitto, Under Section 8 of the J. and K. Public Safety Act, (hereinafter referred to as Act), has been challenged on various grounds as enumerated herein.2. The counter has been filed by the Addl. Chief Secretary (Home) denying the allegations made in the petition.3. I have heard the learned counsel for the parties. I have examined the record produced by Mr. Jalali. I have gone through the file also.4. The first argument of Mr. Qureshi was that the order impugned has been passed by the Addl. Chief Secretary (Home), who has no power under the Act, to do so, and therefore, it was invalid.5. In the counter it is stated that the order has been passed by the Govt, and the Addl. Chief Secretary has only authenticated the same.6. From the perusal of original record produced by Mr. Jalali (File No. Home-lSD-355/90), I have not been able to find the original order which was su...


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