Court : Jammu and Kashmir
Reported in : AIR1995J& K28
ORDERS.M. Rizvi, J.1. By medium of this writ petition the order dated 16-7-1993 passed by the Jarnmu and Special Tribunal, Jammu hereinafter for short referred to as Tribunal Jammu, dismissing the revision petition of the petitioner, has been challenged on various grounds.2. The facts of the case are staled, as under:From the perusal of annexure 'A' to the writ petition, it appears that the petitioner had filed an application before the Custodian, Evacuee Property Jammu, as Ex-officio Provincial Rehabilitation Officer for allotment of land, comprising of Khasra No. 641 (3 Kanals 15 Marias) and 816/651 (5 Kanals 19 Marias) in his favour. On examining the record, the Custodian found that the said land was duly recorded on contract basis in the name of Hans Raj and others, who had violated the provisions of the Administration of Evacuee Property Act. As regards entitlement of the petitioner to allotment of the land in question, the Custodian has stated that from the perusal of record it w...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : AIR1995J& K77
ORDERS.M. Rizvi, J.1. By medium of this writ petition, the order dated 20-3-1992, passed by the Regional Transport Officer, Jammu, herein-after for short 'RTO', as contained in Annexure VII to the writ petition, rejecting the application of the petitioner for grant of stage carriage permit to Bus No. JKR/9639, from Jammu Railway Station to Katra, is challenged, inter alia, on the following grounds: 1) That in pursuance of the order of this Court dated 10-2-1992, passed in writ petition No. 235 of 1992, the respondent No. 3 asked the petitioner to attend his office and complete all the necessary formalities for the grant of temporary permit for the route in question; 2) That he completed all the necessary formalities as desired by respondent No. 3, and deposited Rs. 10,000/- as permit fee besides CDR for Rs. 200/- and token tax of Rs. 1200/-; 3) That he also surrendered his 'All India Permit' of the said bus, earlier granted to him, as desired by the respondents; 4)That the assurance...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 1995CriLJ599
S.M. Rizvi, J.1. This criminal appeal is directed against the judgment and order of the learned Special Judge, Anti-Corruption Jammu, dated 23-5-1992, whereby the appellant has been convicted for the offence Under Section 5(2) of the Prevention of Corruption Act, 2006, hereinafter referred to as Act, and Section 161 of the RPC, and sentenced to three years' rigorous imprisonment and a fine of Rs. 1,000/- in the former and two years' rigorous imprisonment and a fine of Rs. 500/- in the latter.2. The prosecution case against the appellant was that while posted as ASI Police Station, Reasi in the year, 1984, he was directed to make an inquiry under Section 174 of the Cr. P.C. with regard to a report of the Chowkidar of village, Shirjan Dhar dated: 5-12-1984 that human skeleton was found in a 'Nallah' and the dead body eaten away by vultures and crows. After visiting the spot and making an inquiry, he requested for registration of a case for the offence under Section 302, RPC. When the cas...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 1994CriLJ2979
ORDERA.Q. Parray, J.1. This is a reference made by the learned 4th Additional Sessions Judge, Srinagar recommending the setting aside of the order passed by Judicial Magistrate, Ist Class (Forest Magistrate) dated 19-7-1993 in recovery/execution proceeding of maintenance allowance in case titled Shamima Akther and Ors. v. Manzoor Ahmad.2. The learned 4th Additional Sessions Judge, Srinagar while recommending the setting aside of the order dated 19-7-1993 has observed as under:-Court below has ordered an amount of Rs. 800/- should be deducted from the salary of the petitioner. It is the drawing and disbursing officer of the petitioner who has been asked to deduct and then remit the same. But further salary could not be said to have been earned, so no attachment of future salary could be made even.The method, for recovery of maintenance amount outstanding, resorted to by the court below is unknown to law so is not in consonance with the method provided by the Code of Cr.P. stated hereina...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 1994CriLJ2832
ORDERA.B. Qadir Parray, J.1. This petition has been filed under the provisions of Section 561-A, Cr. P.C. by the petitioner as far back as on 14-4-1988. Notices were issued to the parties and even records have been called. For a pretty long time, no body appears in these proceedings. The matter came up for perusal and consideration.2. From the perusal of the file, it transpires that one Mst. Sakeena, complainant before the Court of learned Chief Judicial Magistrate, Srinagar had lodged a complaint on 10-3-1988 under Section 406 against her husband, petitioner herein, alleging that she at the time of her marriage had taken the marriage gifts certain movable property, the list of which was enclosed with the complaint. Out of the wedlock between the complainant and the accused, a child is also born, but the non-applicant/accused had turned her out from the house. It is alleged that the non-applicant accused is going to misappropriate the property taken by her to her in-laws.3. After havin...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : AIR1995J& K85
Rizvi, J. 1. This Letters Patent Appeal is directed against the judgment and order of thelearned single Judge dated 14-2-1991, dismissing the writ petition filed by the Administrator and Executive Officer of the Municipality Jammu against the respondents and upholding the judgment and order of the J and K. Special Tribunal, Jammu dated 15-10-1990 hereinafter referred as Tribunal, Jammu. 2. The facts and circumstances giving rise to the Letters Patent Appeal are briefly given, as under: The respondent No. 1, a Company incorporated under the Companies Act, for the purposes of constructing a hotel at Residency Road, Jammu, had submitted building plans to Jammu Municipal Authorities for according sanction to the proposed construction. After proper verification and after obtaining No Objection Certificates from all concerned, the said plans were sanctioned by the Building permission Committee of Municipality and issued under No. 633 dated 17-3-1987. Allegedly, the Architect engaged by the r...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : AIR1995J& K36
S.C. Mathur, C. J.1. This Full Bench has been constituted to resolve the conflict in views expressed by two Division Benches of this Court on the constitutional validity of categorisation made by the State Government for nominating candidates to be admitted to the Medical courses, M.B.B.S and B.D.S. in various Medical Colleges throughout the country against the seats allocated to the State by the Central Government from the central pool. One Division Bench has held the categorisation to be valid and the other has held it to be invalid. Judgment of the Division Bench upholding the validity was rendered in OWP No. 995/ 1991, Pankaj Gandotra v. State of Jammu and Kashmir, connected with several other petitions of similar nature, decided on 10-8-1992 at Jammu. This Division Bench comprised K. K. Gupta and V. K. Gupta, JJ. Judgment of the Division Bench which negatived the constitutional validity was rendered in OWP No. 2637 of 1991 Qazi Yusra Aslam v. State connected with several writ peti...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : AIR1995J& K102
T.S. Thakur, J. 1. This Letters Patent Appeal is directed against the judgment of learned single Judge of this Court dated 3rd of March, 1903, whereby the appellants writ petition has been dismissed.2. The brief facts in the background may be stated thus:3. One Noor Din S/o Nabi Baksh Gujjar, the grandfather of the appellants before us, was reportedly in possession of land measuring 32 kanals and 15 Marias underlying Survey Nos. 659 and 661 situated in village Maheen Sarkar, Tehsil Samba.4. In the year 1939 the Government issued an order being Council Order No. 1234C of 1939 dated 1st of December, 1939 by virtue of which, inter alia, it was provided that all tenants at will holding land under the State may be registered as possessing proprietary rights on payment of a sum equivalent to 20 times the land revenue fixed for such land. Tenants who were not prepared to pay the aforesaid amount as nazrana were in terms of the said order to continue as tenants at will. This concession was, ho...
Tag this Judgment!Court : Jammu and Kashmir
M.L. Kaul, J.1. A brief re'sume' of the fact leading to filing of the present Letters Patent Appeal would be quite instructive in the matter.2. The respondents challenged the Award made by the Appellant-Collector Land Acquisition by seeking a Writ of Prohibition restraining the appellant from taking any proceedings on the basis of the award saying that the same has been passed without complying the mandate of law as laid down under Sections 4, 9 and 9(A) of the Jammu and Kashmir Land Acquisition Act, 1990. According to respondents, they are the tenants of the land covered under Khasra Nos. 602, 602 min, 602/A situate at Rampur Rajouri and it constituted a part of the land consisting of 35 kanal and 4 marlas acquired by the appellant for public purpose. The respondents applied to the appellant for copies of the notices, if any, issued to them under Sections 9 and 9(A) of the Act, but no such notices were available with the respondents nor the same were published in a Government Gazette ...
Tag this Judgment!Court : Jammu and Kashmir
S.C. Mathur, C.J.1. This application is for condonation of delay in filing CMP No. 23/1993 for readmission of Letters Patent appeal dismissed in default of applicant's appearance. The application purports to be under Section 5 of the Limitation Act. The application has arisen in the circumstances hereinafter stated:2. 404 Chill scants belonging to Smt. Kailash Devi were seized at the instance of Forest authorities. Kailash Devi was aggrieved by this seizure. She accordingly filed writ petition No. 792/1986 in this court. Her plea was that the trees had been felled after obtaining permission from the competent authority and therefore the seizure of scants was illegal.3. The aforesaid writ petition was contested by the applicant who asserted that permission had been granted to fell 58 trees only against which Smt. Kailash Devi felled 88 trees.4. Learned single Judge upholding the plea of Kailash Devi and holding the seizure as illegal commanded the Forest Department to return 404 Chill s...
Tag this Judgment!