Jammu and Kashmir Court March 1996 Judgments
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State of Jammu and Kashmir Vs. Shri Chander Chinar Bada Akhara UdasIn ...
Court: Jammu and Kashmir
Decided on: Mar-22-1996
Reported in: AIR1996J& K76
M. Ramakrishna, C.J.1. These appeals arise out of a judgment and order made in Writ petition No.: 379/1995 disposed of by a learned single Judge of this Court at Srinagar on 27-11-1995. The salient facts which are necessary for the disposal of these appeals are that the first respondent, Shri Chander Bada Akhara Udasin Society, registered office at Residency road, Srinagar is said to have established a private Medical College with the name Acharya Shri Chander College of Medical Sciences and Hospital at Sidhra village, Jammu, hereinafter referred to as the Private Medical College Jammu. It is stated that the society of first respondent has been registered under the Societies Registration Act 1989 (1941 AD) by the Registrar of Societies vide registration No. 1604-S of 1989 dated 20th October, 1989. The Society has been running certain other institutions before starting the Medical College and Hospital in the year 1987. It is stated further that according to the memorandum of Association...
Oriental Insurance Co. Ltd. Vs. Ram Parkash and ors.
Court: Jammu and Kashmir
Decided on: Mar-15-1996
Reported in: 1998ACJ452,AIR1997J& K36
Bilal Nazki, J.1. This is an appeal filed against the Award of Motor Accident Claims Tribunal, Rajouri, by which he has awarded an amount of Rs. 65,000/- as compensation to the respondents.2. I have heard the learned counsel for the parties.3. A preliminary objection has been taken by the counsel for the respondents stating therein that the appeal was not maintainable as only the quantum of compensation has been challenged and the Insurance Company was not within its rights to file an appeal as Insurance Company was not defending the insurer before the Tribunal. He has referred to a Full Bench Judgment of this Court reported in AIR 1982 J&K.; 105. This judgment while declaring the law has laid down (paras 37 and 38) :--'Where an insurer finds that it has not reserved such a right hut that the insured and the claimant have colluded with each other as it is a possibility that cannot be ignored. It is open to an insurer to bring that fact to the notice of the Tribunal and seek its permiss...
New India Assurance Company Vs. Santosh Kumari and ors.
Court: Jammu and Kashmir
Decided on: Mar-15-1996
Reported in: (1997)IIILLJ1114J& K
ORDERBilal Nazki, J.1. Respondent No. 1's husband died in an accident of fire of vehicle No. JK 02-4123 which occurred during the intervening night of May 18/19, 1991. She moved an application before the Assistant Commissioner, Rajouri (Commissioner under the Workmen's Compensation Act) on August 27, 1992.The appellant herein and Respondent No. 2 were the respondents therein. According to the Respondent No. 1 claimant, her husband was in the employment of Respondent No. 2 and the vehicle stood insured with the appellant. The facts as revealed by the award state that the husband of Respondent No. 1 was the driver of the above mentioned vehicle who had gone with the owner of the vehicle to Shahdra Sharief. He was asked to sleep in the vehicle which caught fire during the night and the husband of the Respondent No. 1 claimant was charred to death.2. The Commissioner invited objections from the respondents and both the respondents filed their objections. The owner of the vehicle admitted t...
Dr. Chander Lekha Vs. State of J. and K. and ors.
Court: Jammu and Kashmir
Decided on: Mar-11-1996
Reported in: AIR1997J& K59
ORDERV.K. Gupta, J.1. By this common Judgment, I propose to dispose of both the petitions together.2. The facts and the controversy in both the petitions, being same may be briefly stated. The petitioner completed her M.D. Course in Obstetrics and Gynaecology and appeared in the examination in September, 1989 at Srinagar from Medical College, Srinagar under the University of Kashmir, Eleven other candidates, whose names are mentioned in para 2 of the petition (OWP No. 800/93) also appeared alongwith the petitioner in the said examination. She was relieved by the Principal/Dean, Govt. Medical College, Srinagar on 14-9-1989 after the completion of her appearance in the said examination and was directed to report to the Director, Health Services for fresh posting, as is evident by the certificate issued on 14-9-1989 (Annexure-A). Various other formalities followed thereafter including the communication to Deputy Registrar (Academics), University of Kashmir, Srinagar. This is one part of t...
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