Jammu and Kashmir Court May 1997 Judgments
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State of Jammu and Kashmir Vs. Dr. Karan Singh and anr.
Court: Jammu and Kashmir
Decided on: May-30-1997
Reported in: AIR1997J& K132
M. Ramakrishna, C.J.1. These three Letters Patent Appeals arise out of a common judgment made by the learned single Judge on June 27, 1989 in writ petition No. 122 of 1984. Since these appeals arise out of the said common judgment, therefore, they arc clubbed together and disposed of by this common judgment. Dr. Karan Singh, who was writ petitioner in writ petition No. 122 of 1984, feeling aggrieved by the judgment made by the learned single Judge, has sought for declaration that he (appellant in LPA (W) No. 60 of 1989) is full owner of the jewellery and ornaments (articles mentioned in Appendix-A and 8 of the appeal) and also further direction/order to restore and return all these articles, ornaments and jewellery to him. He has accordingly sought for modification of the judgment made by the learned single Judge by setting aside the finding and directions of the learned single Judge, who in his finding has directed that respondent No. 2 (in LPA No. 60 of 1989) alone can pass orders to...
Manmohan Singh and ors. Vs. State of Jammu and Kashmir and ors.
Court: Jammu and Kashmir
Decided on: May-16-1997
Reported in: AIR1998J& K14
Gandhi, J. 1. The appellants arc the selected candidates, who were granted provisional admission for undergoing B. Ed. Correspondence Course by the Respondent No. 3, Director, Institute of Correspondence Education, University, of Jammu. During the training period the Respondent No. 3 under his letter No. IC/ B.Ed./89/7 122-29 dated 27-7-1990 communicated to the appellants to collect the Roll Numbers from the Institute in person before 7-8-1990 and while collecting the Roll Numbers the appellants are required to produce duly attested copy of the Certificate of recognition of Sant Mela Singh Public School, Poonch (for short School) and in failure whereof the appellants will not he allowed to appear in the examination. The appellants (writ petitioners) approached the writ Court seeking to quash the Communication dated 27-7-1990 by issuance of wril of Certiorari and further seek a writ of mandamus to permit the appellants to appear in the B. Ed. Examination. 2. It is submitted by the learn...
Luthra Academy and ors. Vs. State of Jammu and Kashmir and ors.
Court: Jammu and Kashmir
Decided on: May-16-1997
Reported in: AIR1998J& K21
ORDERB.A. Khan, J.1. Petitioners are private educational institutions said to be governed by the Private Educational Institutions (Regulations and Control) Act, 1967 and the Grant-in-aid Rules framed pursuant to the powers exercised under the Financial Code. These rules contained in Govt. Order No. 53 of 1975 dated 27-1-1995, inter alia, prescribe and provide for a complete machinery for the control and regulation of these institutions and also for providing them financial aid and its appropriation. In this regard Rule 17(c)(ii) made a provision for reimbursement of the rent of the building/s paid by the institutions, but, at the same time made an exception in respect of the building/s which belonged to the Managing Committee or were constructed with the aid of the Government and made provision for maintenance expenditure only in respect of these building/s. Similarly, Rule 17(VII)(iii) further provided that in respect of the rent of building/s, rent actually paid as per rent-deed was ...
Lt. Colonel Ashok Singh and anr. Vs. Beant Singh and Sons
Court: Jammu and Kashmir
Decided on: May-08-1997
Reported in: AIR1997J& K119
Gandhi, J.1. This application under Section 5 of the Limitation Act has been presented seeking condonation of delay of 445 days in preferring the appeal under Section 39 of the Arbitration Act, 2002 (1945 AD).2. The judgment under appeal was delivered on 22-8-1994 in Arbi ation Petition No. 180/1981 and the petitioners-appellants applied for obtaining copy of the judgment on 26-10-1995. The appeal has been presented along with an application under Section 5 of the Limitation Act, on 10-11-1995. The appellants in the memo of the application seeking condonation of delay have stated that immediately upon knowledge of the judgment and decree under appeal, the acted with due diligence and spared no effort in presenting the statutory appeal The filing of the appeal required to seek legal opinion from the L.A. (Defence) Government of India, with the result the appeal could not be filed within the period prescribed by the law of limitation.3. The respondent has filed the objections opposing th...
Tramboo Joinery (P) Ltd. Vs. Authority Under Payment of Wages and anr.
Court: Jammu and Kashmir
Decided on: May-08-1997
Reported in: (1998)ILLJ200J& K
ORDERGandhi, J.1. The appellant through this LPA is seeking to quash an order dated November 23, 1994 passed by the learned single Judge in O.W.P. No. 654 of 1992 and the Award dated November 19, 1991 passed by the Respondent No. 1 Authority under Payment of Wages Act, in favour of the Respondent No. 2.2. A few facts necessary for the disposal of the appeal that the Respondent No. 2 filed an application under the Payment of Wages Act before the Respondent No. 1 stating therein that he had worked as chamber man in the Tramboo Joinery Private Ltd., Khonmoh, Srinagar from 1982 upto March 8, 1989 while on that day he was informed that due to shortage of raw material he and Ors. will be laid off and paid wages during lay off period and as soon as raw material is arranged they will be taken back in the services. It is alleged that the appellant arranged the raw material and allowed maximum workers to resume their duties excluding the Respondent No. 2 and other three four workers. The Respond...
Tawi Autoparts, Industrial Estate Extension Area, Jammu Vs. Addl. Chie ...
Court: Jammu and Kashmir
Decided on: May-02-1997
Reported in: AIR1998J& K19
ORDERB.A. Khan, J.1. A penalty of Rs. 10 lacs stands slapped on the petitioner for allegedly contravening the terms of import licence No. P/S1840871 dated 16-12-1978. It transpires that one Harcharan Singh was the sole proprietor of M/s. Tawi Autoparts manufacturing auto parts. His unit was provisionally registered by the Joint Director, Small Scale Industries dt. 8-2-1974 for manufacturing of auto parts. On this basis he was granted import licence for the import of stainless steel to manufacture auto parts. Later the Director of industries seems to have allowed him an additional line for manufacture of stainless steel utensils. He was accordingly granted permanent registration of his unit for manufacture of stainless steel utensils on 16-5-1980. His unit was inspected by the enforcement officials of the Chief Controller's office in 1981 and he was found to be manufacturing stainless steel utensils without getting the licence amended from the licensing authority/sponsoring authority. H...
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