Jammu and Kashmir Court September 1997 Judgments
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Rakesh Kumar Vs. State of Jammu and Kashmir and ors.
Court: Jammu and Kashmir
Decided on: Sep-10-1997
Reported in: 1998CriLJ1486
ORDERR.C. Gandhi, J.1. Petitioner has preferred this petition under Section 561-A, Cr. P. C. invoking inherent powers of this Court for quashing FIR No. 41/1994 registered with the Police Station Crime Branch, Jammu under Sections 409, 420 and 477, R.P.C. against the petitioner, on the ground that he has not misappropriated or embezzled the money and the allegations in the complaint do not constitute any cognizable offence justifying the registration or the F.I.R.2. A brief resume of the case, as per the petition of the petitioner, is that the petitioner was recruited as Manager or Co-operative Marketing Society in the year 1982 and has been discharging his duties honestly and with full dedication which was a sore in the eyes of respondent No. 4, namely Mr. K. R. Pacha, Addl. Registrar Co-operative Society, Jammu and he placed the petitioner under suspension under his order No. Adm/247/51 dt. 16-6-1993 on the allegations that the petitioner has misappropriated the funds of the society ...
Miss. Haneefa Bano Vs. State of J. and K. and ors.
Court: Jammu and Kashmir
Decided on: Sep-08-1997
Reported in: AIR1998J& K37
Kawoosa, J. 1. This Letters Patent Appeal is directed against the judgment of learned single Judge passed on July 21st, 1995 in Writ Petition No. 2488/94. The petitioner, who is an illiterate girl of 16 years of age, filed the writ petition against the respondents seeking the indulgence of the writ Court under Article 226 of the Constitution of India for the direction to the respondents by way of writ of Mandamus to pay compensation of Rs. 4.50 lacs to the petitioner for committing negligence in maintaining the electric high tension line passing through the fields, including the small piece of Rice growing land belonging to the father of the petitioner. It is alleged that in the month of September, 1992, while the petitioner along with her father and some others were harvesting Rice crop in their field, petitioner suddenly came in contact with a high tension live electric wire which had fallen down from the Poles. This gave a severe shock in her arm causing serious burns. Petitioner fe...
Sneh Lata and ors. Vs. Dalip Singh Anand and ors.
Court: Jammu and Kashmir
Decided on: Sep-03-1997
Reported in: 1998ACJ114
G.D. Sharma, J.1. Through the medium of this appeal, the order dated 31.5.1996 passed by the learned Presiding Officer, Motor Accidents Claims Tribunal, Kathua in claim petition No. 88 of 1993 has been challenged whereby he had summarily dismissed the claims of the appellants herein on the ground that they had failed to lead evidence to prove who was the owner and who was the driver of the offending vehicle. On 11.9.1996, when this appeal was admitted brother Khan, J. had issued notice to respondent No. 1 only as he has been arraigned as the owner of the offending vehicle in question. Mr. Sunil Sethi has appeared as his counsel and admits that respondent No. 1 is the owner of the offending vehicle.2. Heard the arguments.3. The counsel for respondent No. 1 has admitted that respondent No. 2 was the driver of the offending vehicle. From the perusal of the claim petition, it transpires that the petitioners herein had impleaded Parveen Singh as the owner and Harbans Singh as driver of the ...
State of J. and K. and ors. Vs. Ghulam Rasool
Court: Jammu and Kashmir
Decided on: Sep-02-1997
Reported in: AIR1998J& K73
G. D. Sharma, J. 1. This revision is directed against the order passed on 1-9-1993 by the City Munsiff, Srinagar in Suit No. 131 of 1993 titled Ghulam Rasool v. State and others. During the year 1993, the respondent herein was working as Senior Assistant in the office of the Executive Engineer, Transmission Line, Construction Division-II, PDD, Railway Station, Jammu, vide order No. DC/PD/ADM-2/Camp/9 of 1993 dated 17-8-1993, petitioner-1 herein transferred the respondent from the construction wing of Power Development Department, Jammu to the Procurement and Material Management Wing of the Power Development Department, Jammu. This order of transfer was challenged by the respondent in the abovesaid suit wherein it was prayed that the order may be declared as null and void. Consequential relief in the form of perpetual injunction was also sought that the petitioners be restrained from giving effect to the order in question. The plaint was accompanied by the application made under Order 3...
United India Insurance Co. Ltd. Vs. Mst. Sharief Jan W/O YashIn Shah a ...
Court: Jammu and Kashmir
Decided on: Sep-01-1997
Reported in: 1998ACJ317,AIR1998J& K76
G.D. Sharma, J. 1. This is a Letters Patent Appeal against the judgment and order dated 28-4-95 passed by the learned single Judge in CIMA No. 174/93 (titled Mst. Sharief Jan v. Jasbir Singh). Brief facts of the case are that on 2-4-90, Manzoor Hussain (a young boy of 18 years) was travelling as a gratuitous passenger in Truck No. JKP 5275 which met with an accident at a place known as 'Gundi' in Poonch District. Manzoor Hussain died an instantaneous death. The accident was the result of rash and negligent driving of the said truck by respondent 4 (Jeet Singh). Respondent 3 was the owner of the said offending vehicle who had insured the same with the Insurer (appellant herein).2. Respondents Nos. 1 and 2 are the parents of the said deceased and they filed claim petition in the Motor Accidents Claims Tribunal, Poonch (hereinafter referred to as MACT) which was resisted by the appellant and respondents Nos. 3 and 4. On the pleadings of the parties, the following four issues were raised :...
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