Jammu and Kashmir Court March 1995 Judgments
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United India Insurance Co. Ltd. Vs. Rising Enterprises
Court: Jammu and Kashmir
Decided on: Mar-30-1995
Reported in: AIR1996J& K8
A.B. Qadir Parray, J. 1. Mr. Ali has filed this appeal challenging the order passed by learned State Consumer Protection Commission, (hereinafter to be referred to as the Commission) on 2-6-1994, wherein Mr. Ali has drawn the attention of the Commission that in view of conditions of Insurance policy and existing clause of Arbitration, the Commission had not to proceed in the matter unless and until the non-petitioner herein shall not exhaust said remedy as provided in the Insurance Policy. 2. Ld. Commission after hearing arguments of rival parties had passed the impugned order and it is this very order which is impugned in this appeal. 3. The first limb of argument of Mr. Ali is that the Hon'ble appex court had laid much emphasis that wherever there is arbitration clause existing in any Insurance Policy, the aggrieved person should avail the arbitration clause and even under the statute, it has a riding effect that whenever any party to the agreement have to seek redressal of the claim...
Dr. Vinod Kumar Razdan Vs. State and ors.
Court: Jammu and Kashmir
Decided on: Mar-16-1995
Reported in: AIR1995J& K68
ORDERB.A. Khan, J. 1. Petitioner wants to get into M.D. Course in surgery. His story dates back to August, 1988 when the Competent Authority, Entrance Examinations, issued notification inviting applications for selection/ admission to MD/MS courses in the two Medical colleges of the State. The relevant eligibility prescribed in this notification was under: '4. Eligibility The eligibility of a candidate shall be determined on the basis of the following:-- 4.1.1. xx xx xx4.1.2. xx xx xx4.2. xx xx xx4.3. xx xx xx4.4. xx xx xx 4.5. Have completed or will complete one year's house job by 31st July, 1988 ion a recognised institution, out of which at least 6 months must be in a concerned subject. The House job completion certificate for those who are due to complete the same after the submission of form must reach the Competent Authority at least by 10th of August, 1988. OR has served in the State, Central Government Medical Services for a period of 5 years out of which 3 years should be ...
Ms. Vijay Thakur Vs. University of Jammu and ors.
Court: Jammu and Kashmir
Decided on: Mar-14-1995
Reported in: AIR1995J& K108
ORDERB.A. Khan, J. 1. Petitioner is a teacher in the Education Department. She was a private candidate for admission to the post-graduate course in bio-sciences and chemistry. The eligibility prescribed by the respondent-University for such candidates, was to possess teaching experience of 5 years in a school recognised by the J. & K. Government and the certificate in this regard had to be issued by the Director of School Education, Jammu. The University statutes also provided that the applications of candidates shall be accompanied by the requisite certificate from the Director and that no certificate will be entertained after the statutory last date prescribed for submission of the admission forms. 2. It appears that respondents 5 and 6 were granted admission to the course subject to the production of the requisite certificate by order dated 17-9-1993. This provided a cause to the petitioner to approach this Court to present this writ petition praying for quashment of the admission g...
United India Insurance Company Limited Vs. Master Bunty and ors.
Court: Jammu and Kashmir
Decided on: Mar-02-1995
Reported in: 1995ACJ1168,AIR1995J& K72
Bilal Nazki, J. 1. Respondent No. 1, who was petitioner before the Motor Accidents Claims Tribunal, Jammu had filed a claim petition for, compensation. His case was that on 27-12-1990, he was going to School on foot and was walking along the side of the road from his home. He was knocked down by a vehicle (truck) bearing registration No. JKR/ 3275. He got seriously injured and as a result thereof, his right leg was amputated while his left leg was badly bruised. The petitioner's age at the time of accident was only eleven years. He became a crippled person and even could not continue with his education. He filed the claim petition against the driver, owner of the vehicle and also the Insurance Company. The Tribunal on the basis of pleadings of the parties, framed the following issues: (1) Whether on 27-12-1990 on the National Highway npar Kohli Mandi, Samba respondent No. 1 while under the employment of respondent No. 2 plied motor truck No. 3275/JKR, rashly and negligently with the re...
Rajinder Kumar Vs. Deep Krishen Dutta
Court: Jammu and Kashmir
Decided on: Mar-02-1995
Reported in: AIR1995J& K74
ORDERBilal Nazki, J.1. The respondent has filed a suit (being No. 84/1993) in the trial Court of Sub Judge, Jammu, against the petitioner herein seeking a decree for ejectment of shop and also a decree for recovery of arrears of rent. During the pendency of the suit, the respondent/plaintiff moved an application Under Section 12(4) of the J & K Houses and Shops Rent Control Act, praying for a direction for payment of Rs. 15,066/- as arrears of rent towards him by the defendant/petitioner, within 15 days. The learned trial Court decided this application vide his order dated 29-10-1994. This order has been challenged by the petitioner/ defendant through the medium of present revision.2. It is contended by Mr. Sharma appearing for the petitioner that since a suit had been filed for eviction and also for payment of arrears of rent, an application Under Section 12(4) of the J & K Houses and Shops Rent Control Act, was not maintainable.3. Section 12(4) of the act lays down that when a suit i...
The State Vs. Shakeel Ahmad
Court: Jammu and Kashmir
Decided on: Mar-02-1995
Reported in: 1995CriLJ2300
ORDERBilal Nazki, J. 1. A charge sheet was filed against the respondent before Special Judge (Sessions Judge) Kathua on the basis of an FIR No. 136/1993 registered with P/S Billawar. The charge sheet was filed on 22-12-1993 Under Section 8/20 and 29 Narcotic Drugs and Psychotropic Substances Act. The learned Special Judge dismissed the case and discharged the accused. The order was passed by him on 31-3-1994. It has been challenged by way of this revision. The Special Judge while dealing with the matter was of the view : 'The only most important point of seminal and forensic importance, raised by the learned defence counsel is that the aforesaid search and seizure has been made by two constables Raghbir Singh and Parshotam Singh, whereas the investigation has been made by Shiv Lal Head Constable and all the three are unauthorised persons to effect seizure and to investigate the case as per the provisions of Section 42 of the NDPS Act and as such, this Special Court created for the tria...
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