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Jammu and Kashmir Court February 1997 Judgments

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Feb 27 1997

R.S. Auto Engg. and ors., Etc. Vs. the State and ors.

Court: Jammu and Kashmir

Decided on: Feb-27-1997

Reported in: AIR1998J& K5

ORDERB.A. Khan, J.1. O.W.P. No. 401/95 was listed along with the record of OWPs No. 828 and 97 of 1995. In both petitions, OWPs 401/95 and 828/95, petitioners are represented by Mr. N. P. Kotwal, advocate. OWP No. 828/95 also carries an order of the Court lor joint consideration of OWPs 95/95, 401/95 and 828/95. Therefore, it was deemed proper to take up all these petitions for disposal by one common judgment as they raise identical questions of law and facts as also on the request of parties after treating, them admitted to hearing.2. Petitioners claim that they Were allotted shops at Nehru Market in Warehouse, Jammu, by the Estates Department and have remained in possession for the last about 30 years carrying on their business. In or around 1987, the Jammu Development Authority (JDA) is said to have prepared a masterplan for development of the Jammu city whereby it was decided to shift the warehouse to New Transport Nagar at Narwal and to establish a Bus stand at the Warehouse for K...


Feb 18 1997

Kranti Hotels (Pvt.) Ltd. Vs. State of J. and K. and ors.

Court: Jammu and Kashmir

Decided on: Feb-18-1997

Reported in: AIR1997J& K91

ORDERG.D. Sharma, J.1. The petitioner herein is a company duly incorporated under the provisions of Companies Act, 1956. Shri Kranti Ghosh is the Managing Director of the said Company. Through the medium of this writ petition the petitioner has claimed the following reliefs:--a) The decision of the Government if any relating to non-disbursement of the loan in favour of the petitioner may be quashed; b) Communication No. IDC/ROJ/91/87/247 dated 5-11-92 may be quashed; c) By way of writ of mandamus or directions respondents may be directed to immediately disburse the loan to the petitioner (Rs. 70 lakhs by State Industrial Development Corporation and Rs. 30 lakhs by J & K Bank). d) That all records be summoned from the respondents. e) Respondents may be directed to put up the case of the petitioner before the Board of Directors of SIDCO and the Board of Directors may be directed to accord sanction to the grant/release of loan amounting toRs. 70 lakhs in favour of the petitioner. Similar ...


Feb 18 1997

Saleem Khan and anr. Vs. State of J. and K.

Court: Jammu and Kashmir

Decided on: Feb-18-1997

Reported in: 1997CriLJ2518

G.D. Sharma, J.1. Through this appeal, accused have challenged the judgment dated 26-6-1996 passed by the Sessions Judge, Srinagar whereby he has convicted accused-1 (Saleem Khan) Under Section 302, Ranbir Penal Code (hereafter shortly RPC) and sentenced him to undergo imprisonment for life. Accused-2 (Gulzar Khan) has been convicted under Section 323, RPC and sentenced to undergo imprisonment already undergone by him while in custody. The accused are father and son. Deceased Showkat Ahmad was accused Gulzar Khan's sister's son. The mother of the deceased had been living along with her family members in her parental house as her mother had given a share in that house. In this house courtyard and the bath room were being shared jointly by the members of her family and that of her brother accused-2. Abdul Rehman Dar is the father of the deceased. On 24-5-1990, curfew was clamped in the city of Srinagar whereby free movement of the inhabitants was restricted. At about 7-30 p.m., while Jav...


Feb 13 1997

Arshad Iqbal Vs. the State and ors.

Court: Jammu and Kashmir

Decided on: Feb-13-1997

Reported in: AIR1997J& K100

ORDERA.M. Mir, J.1. This is a petition for issuance of writ of certiorari quashing item No. 6 : 3 of the Brochure which requires the candidates applying under a particular reserved category to annexe with the application form the concerned category certificate. A further direction in the form of mandamus is also sought whereby respondents may be directed to consider the petitioner for admission to M.B.B.S. Course for the Session 1996-97 under the Reserved Category of S.T.G.B.2. Respondent No. 2 invited applications for admission to M.B.B.S. Course in the Medical College, Jammu and Srinagar vide Notification No. 11-CAEE (MBBS/BDS/SGR of 1996 dated 15-7-1996. Last date, in terms of the Notification for submission of forms was 14-8-1996, The petitioner applied vide Form No. 11367, under Open Merit and scored off the option for being considered under reserved category as per SRO 126 of 1994, as amended from time to time. Petitioner's form was accepted. After the cut of date fixed for filli...


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