Jammu and Kashmir Court May 1996 Judgments
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The Jammu and Kashmir Sharnarthi Action Committee and ors. Vs. State o ...
Court: Jammu and Kashmir
Decided on: May-31-1996
Reported in: AIR1997J& K15
M. Ramakrishna, C.J.1. The appellants 1 to 18, who were the petitioners in OWP No. 842/1994 having been aggrieved by the order of the learned single Judge made on 30-12-1994 by which the writ petition came to be dismissed, have presented this LPA challenging the correctness and legality of that order of the learned single Judge for the grounds taken in the appeal. They have sought for setting aside the order of the learned single Judge and to grant the relief as prayed for in the writ petition.2. We have heard Sh. S. S. Lehar, learned counsel for the appellants and Mr. U. K. Jalali, learned Advocate General for the respondents.3. A few facts that are necessary for the disposal of the appeal are as follows: The first appellant, The Jammu and Kashmir Sharnarthi Action Committee, is a body of persons represented through its President, S. Hardit Singh Panchhi and appellants 2 to 18 are its members. It is stated that in the 'State of Jammu and Kashmir before the occupation of Pakistan of ce...
Ashwani Kumar Vs. J. and K. Special Tribunal and ors.
Court: Jammu and Kashmir
Decided on: May-30-1996
Reported in: AIR1997J& K20
ORDERG.D. Sharma, J.1. The petitioner namely, Ashwani Kumar through the medium of this writ petition has prayed for quashing order dated 4-10-1993 passed by respondent No. 1 herein in Revision Petition No. 819 titled Gh. Hussain and others v. Ashwani Kumar.The factual matrix of the case lies in a narrow compass and is set out as under:--2. The petitioner herein had been in possession of the shop which stood constructed over Khasra No. 1555, situated in the town of Poonch. On 25-2-1991, respondent No. 3 herein issued notification under Section 6 of the Evacuee's (Administration of Property) Act, 2006 (hereinafter to be referred to as Act) declaring thereby the above said shop as 'evacuee property' and vesting the same to him under the said Act. As a sequel of this notification, rent of rupees two hundred (vide receipt No. 2 S. No. 000136 dated 25-2-1991) was accepted by respondent No. 3. 3. Respondents No. 4 to 6 herein had challenged the said notification through writ petition No. 173 ...
Sheel Kumar and anr. Vs. Prem Singh and anr.
Court: Jammu and Kashmir
Decided on: May-27-1996
Reported in: AIR1997J& K37
ORDERBilal Nazki, J.1. The respondent No.-l plaintiff filed a suit before the trial Court of Sub-Judge, Jammu, seeking declaration to the effect that sale deed executed on 12-1-1989 between the defendants be declared null and void. The plaintiff/respondent No. 1 submitted that he was an occupancy tenant of a plot of land comprised under Khasra No. 1747 measuring 14'x 18' situate at village Khoud, Tehsil Akhnoor. The suit was contested by the present petitioner/defendant and issues were framed by the trial Court. One of the issues framed by the trial Court was 'whether the suit is not triable by this Court because of operation of Agrarian Reforms Act? OPD. The trial Court decided this issue in favour of the plaintiff/respondent No. 1 and held that jurisdiction of the Civil Court was not ousted.2. I have heard learned counsel for the parties and gone through the record. It will be profitable to reproduce certain provisions of the Agrarian Reforms Act.3. Section 19 lays down the powers of...
Prem Lata Malhotra Vs. Shiv Nath Sharma
Court: Jammu and Kashmir
Decided on: May-27-1996
Reported in: AIR1997J& K130
ORDERBilal Nazki, J.1. Two suits are being tried together -before the City Judge (Sub Judge), Jammu, One Mr. Vinod Abrol Law Officer, Slate Financial Corporation, J. & K.,Jammu, appeared as witness. The list of witnesses given earlier by the plaintiff had showed one withness as, 'Concerned Clerk, State Financial Corporation with record of loan, mortgage deed including all documents pertaining to Shandy Hotel, Bankey Behari Market. Jammu.2. The summons were issued and one Mr. Vinod Abrol appeared for State Financial Corporation. Jammu. When his statement was being recorded, questions were asked by the plaintiff counsel regarding a loan transaction between the Slate Financial Corporation and the plaintiff for grant of loan of Rs, 12 Lakhs. The witness deposed that mortgage deed for ensuring the repayment of loan was executed between the State Financial Corporation and the plaintiff in January 1984. He deposed before the Court that he has brought the original motgage deed. This was object...
Behari Lala and ors. Vs. Allah Rakhi and ors.
Court: Jammu and Kashmir
Decided on: May-23-1996
Reported in: AIR1997J& K79
Ramakrishna, C.J.1. This appeal is presented by appellants 1 to 19, challenging the correctness and legality of the order passed by a learned single Judge in OWP No. 525/94 dated 7-9-1995 whereby the learned single Judge after hearing learned counsel on both the sides held,'The question of application of Agrarian Reforms Act is a question independent of it and in my opinion the observation impugned was uncalled for and the Tribunal had while passing that direction, acted beyond jurisdiction.'Thus the writ petition was disposed of. It is this order which is called in question in this appeal.2. The respondents in the writ petition referred to above had been claiming to be the tenants cultivating a piece of land and deriving certain rights by virtue of the lease made in their favour. However, it is not in dispute that consequent upon the demise of the sole proprietor, the propriety was declared as evacuee property and allotted to the respondents (appellants 1 to 19) by applying the provis...
Union of India (Uoi) and ors. Vs. ChaIn Singh and ors.
Court: Jammu and Kashmir
Decided on: May-21-1996
Reported in: AIR1996J& K101
G.D. Sharma, J.1. The appellants namely, Union of India, Estates Officer, Udhampur and Assistant Defence Officer, Udhampur, through the medium of this appeal have challenged the Award dated 4-5-1994 given by the learned Arbitrator, (District Judge,Udhampur) under the provisions of theJ. & K. Requisitioning and Acquisition ofImmoveable Property Act (hereinafter to bereferred to as Act). Respondents Nos. 1 to 38are the owners of the land measuring 408Kanals 7 marlas situated in village 'Sansoo'and village 'Dhanoori' Tehsil Udhampur.Initially in the year 1948, the Army authorities had taken over the said land on rentbut subsequently on 24-4-1950 the same wasrequisitioned. On 26-12-1988 the proceedingsfor the acquisition of the land were initiatedunder the said Act and the Deputy Commissioner, Udhampur, was appointed as a competent authority for assessing the fair compensation, who categorised the land into threeclasses and fixed the rates on the followingterms:-1. Brehal Changi @ Rs. 12,0...
Jyoti Gupta Vs. the State and ors.
Court: Jammu and Kashmir
Decided on: May-04-1996
Reported in: AIR1997J& K8
ORDERB.A. Khan, J.1. These two writ petitions, being identical in nature, on issues of law and fact are proposed to be disposed of by this common judgment. Petitioner is a candidate for MBBS course pursuant to the notifications Nos. 9 and 10/95, dt. 28-4-95 and 6-7-95 issued by the Competent Authority, Entrance Examinations (CAEE) for MBBS/BDS and BE courses for the session 1995. She secured 130 marks out of 210 in the MBBS course and was considered in the open merit category in which the last female candidate selected had obtained 168 marks. She was naturally not selected. She consequently filed a writ petition OWP No. 642/95 seeking direction to the CAEE to consider her in the reserved category of 'resident of backward area' (RBA) on the basis of a certificate held by her dt. 3-9-85 which certified her to be a resident of backward pocket area in terms of item No. 20 of GO No. 1896-GD of 1973 read in conjunction with GO No. 1499-GD of 1979, dt. 24-7-79.2. It appears that petitioner wa...
Dr. Bias Dev and ors. Vs. the Competent Authority and anr.
Court: Jammu and Kashmir
Decided on: May-04-1996
Reported in: AIR1997J& K11
B.A. Khan, J.1. These two petitions being identical in nature involving similar issues of fact and law, are proposed to be disposed off by a common judgment.2. The petitioners in both petitions claimed to be belonging to Scheduled Caste and Scheduled Tribe category and they want reservation to be provided for M.D./M.S./ P.G, Diploma courses in the two Medical Colleges of the State at Jammu and Srinagar in tune with Rules 22, 23 and 25 of SRO 126 of 1994 read with Clause (4) of Article 15 of the Constitution. Their grievance is that even as Part-4 of SRO 126 of 1994, dated 28th June, 1994 provided for reservation to the extent of 8% and6% respectively for Scheduled Castes and Scheduled Tribes category, the respondents were making selection to the M.D./ M.S./P.G. Diploma Courses pursuant to advertisement Notice No 14-C AEE/MD/ MS/DIP of 1995, dated 23rd September, 1994 in disregard of the mandate of the aforesaid provisions of the SRO and Article 15(4) of the Constitution. They according...
Javid Ahmad Zargar and ors. Vs. Attorney General of India and ors.
Court: Jammu and Kashmir
Decided on: May-04-1996
Reported in: 1996CriLJ3006
V.K. Gupta, J.1. By this common Judgment, we propose to dispose of all the five petitions together.2. A learned single Judge of this Court (Hon'ble) Mir, J.) while entertaining these petitions, issued notices of show cause and passing ad-interim directions vide order dated 2nd August, 1995, referred the cases for disposal to a Division Bench in terms of Rule 14(9) of the Jammu and Kashmir High Court Rules, 1975. It is because of this reference that the cases have come up before the Division Bench for hearing and disposal.3. Notification issued vide S.O. 551 (E) dated 17th June, 1995 by the Ministry of Home Affairs, Govt. of India, has been challenged in these five petitions. Vide this Notification, in exercise of the powers conferred upon the Central Government by Section 11(2) of the Terrorists and Disruptive Activities (Prevention) Act, 1987 (hereinafter to be referred as an Act for the sake of brevity) transferred some cases involving the petitioners herein pending before the Design...
Sneh Sharma and ors. Vs. Sewa Ram and ors.
Court: Jammu and Kashmir
Decided on: May-03-1996
Reported in: 1996ACJ902
Bhawani Singh, Actg. C.J.1. We propose to dispose of both these appeals by a common judgment. Although the facts may be slightly different but the ultimate question for determination is identical. Before answering it, narration of facts from both the cases is being made one after the other.Sneh Sharma v. Sewa Ram, C. Ist. M.A. No. 10 of 1994:2. On 7.10.1992, deceased Pardeep Kumar Sharma was travelling in Matador JK 02-9051 for going to his office at Bikram Chowk, Jammu. The vehicle was being driven in rash and negligent manner with excess speed. The driver of the vehicle tried to overtake bus No. JK 02-9021 at Digyana, Jammu, where powerful bomb exploded in the bus, as a result of which number of passengers died and many others suffered serious injuries. Some splinters of the bomb caused fatal injuries to the deceased and he died.3. Claimants sought compensation for the death of the deceased, but the Tribunal has rejected the petition holding that it has no jurisdiction to entertain t...
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