Jammu and Kashmir Court October 1998 Judgments
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Union of India (Uoi) Vs. Swastic Construction Company and ors.
Court: Jammu and Kashmir
Decided on: Oct-22-1998
Reported in: AIR2000J& K9
ORDERO.P. Sharma, J. 1. The admitted facts of the case are that a dispute arising out of an arbitration agreement between the petitioner and M/s. Swastic Construction Company had been referred to the sole arbitrator who made the award on31-12-1992. On the application of Construction Company (respondent No. 1), the arbitrator filed the award in the Court of Additional District Judge, Jammu to which the petitioner filed a composite application under Section 30/33 of the Arbitration Act challenging the award on various grounds. By an ex-parte order dated 4-4-1994, the award was made rule of the Court.2. An application filed on behalf of Union of India for restoration of proceedings came to be dismissed by Court order dated 17-7-1995 and the appeal challenging the same was dismissed by order dated 6-2-1996 with liberty reserved to the petitioner to prosecute any other remedy available under law. The petitioner has moved this petition for quashing the order dated 4-4-1994, being perverse. 3...
Zainab Abdullah and ors. Vs. State of J. and K. and ors.
Court: Jammu and Kashmir
Decided on: Oct-22-1998
Reported in: AIR1999J& K103
ORDERN.A. Kakru, J. 1. Through the medium of this writ petition, building permission accorded vide order No. 24 of 1997 dated 17-5-1997 issued by respondent No. 2 is impugned on the ground that the provisions of J & K Municipal Act have ceased to operate in view of the mandate of Section 54 of J & K Development Act 1970. The permission is also challenged because proposed construction is going to deprive the petitioner of his easementary rights.2. In order to appreciate the controversy, a narrative of rival contentions is called for. The petitioners are aggrieved of building permission issued under Order No. 24 of 1997 dt. 17-7-1997 on two-fold grounds, one that the permission accorded contravenes the provision of Development Act, another that the construction being erected on the strength of impugned order has the effect of interrupting the easementary rights of the petitioners. The respondent No. 6 has chosen to adopt the averments made by her in CMP No. 146/1998 as her objections in ...
Mohd Bashir Vs. Madhu Lal, Commr./Secy. to Govt.
Court: Jammu and Kashmir
Decided on: Oct-22-1998
Reported in: 2007(1)JKJ613
O.P. Sharma, J.1. The contempt Jurisdiction of this court has been invoked by the petitioners who had earlier challenged the selection of teachers made in the year 1989 in District Rajouri in SWP Nos. 1043/1989 and 1041/'89 titled Mohd Bashir and Ors. v. State and Ors.and Ravi Chand and Ors.v. State and Ors. respectively. These petitions were decided by a learned Single Judge of this court on 20.12.1993, holding as under:.I, therefore, allow these writ petitions and by issuance of a writ of mandamus direct the respondent State and all its functionaries to re-consider the cases of all the Petitioners in both the petitions for fresh appointment as teachers in Govt Schools, as and when the next lot of vacancies for such appointment is proposed to be filled up. If in the meantime, the petitioners or any one of them has became over-aged, the State shall consider favourably the question of relaxing the age bar in each case because of the fact that the petitions were pending in this court for...
Mrs. Salima Jabeen Vs. National Insurance Company Ltd. and ors.
Court: Jammu and Kashmir
Decided on: Oct-14-1998
Reported in: AIR1999J& K110
Syed Bashir-ud-din, J.1. In this Civil 1st Misc. Appeal, order/award dated 23-9-1997 in complaint file No. 62/97 of Jammu and Kashmir State Consumers Protection Commission, Srinagar, (hereinafter, for short 'Commission'), is under challenge. 2. The appellant, Mrs. Salima Jabeen, entered into an agreement of Insurance bearing Policy No. 421003/11/94/31/00917 with National Insurance Company, respondent No. 1 in respect of a built up house with land underneath and appurtenant thereto, situated at Gulabhagh Zukura, Srinagar.3. The policy of insurance was valid for one year from 13-1-1995. The policy also covered fire risk inter alia by militant acts. The sum assured was Rs. twenty three lacs. On the intervening night of March 31, and April 1, 1994, militants set the house with household goods on fire. The house and the goods sustained substantial damage. The appellant approached the Insurance Company. One Shri M. K. Warikoo, was appointed and deputed as Surveyor to investigate and to asses...
Mohan Singh S. Vs. State of J and K and anr.
Court: Jammu and Kashmir
Decided on: Oct-14-1998
Reported in: (2000)IIILLJ641J& K
ORDERT.S. Doabia, J.1. The petitioner was visited by an adverse confidential report when he was functioning as Principal, Revenue Training School. This is for the year 1983-84. This has been placed on the record as Annexure-1. His knowledge of work, power of acquiring general information, judgment, initiative, relations with public was found to be good. His integrity, control over subordinates, speed of disposal, industry and conscientiousness was termed as satisfactory. When the matter went before the reviewing authority, an entry came to be made. This entry made by the Reviewing authority suggested that the petitioner deserves to be retired prematurely. As the earlier good and satisfactory remarks and the later portion are part of the same communication, this is being reproduced below:'1. General Assessmenti) Knowledge of work-Goodii) Power of acquiringgeneral information-Goodiii) Attention to detail-Goodiv) Industry andConscientiousnessSatisfactoryv) Judgment-Goodvi) Speed of dispos...
Ved Parkash Vs. Special Tribunal, Jammu and anr.
Court: Jammu and Kashmir
Decided on: Oct-13-1998
Reported in: AIR1999J& K101
ORDERO.P. Sharma, J. 1. The facts of the case in brief are these. It appears, Respondent-Janak Raj had applied for correction of Annual Record (Girdawari) for the land measuring five marlas comprised under survey No. 1144/832 situated in Chann Rorian Tehsil Hiranagar to the Assistant Commissioner, Kathua. By order dated 5-9-1981, the Assistant Commissioner (Collector) 'Kathua found that as per copy of the Chowkidara and report of the Naib Tehsildar, Hiranagar, applicant Janak Raj, (respondent herein) was in continuous occupation of the land prior to Kharief 1971. He, therefore, directed that revenue record be corrected accordingly by entering him in possession and also restrained the petitioner Ved Parkash from interfering in the possession of Janak Raj-respondent. This order was challenged by the petitioner in appeal before Joint Financial Commissioner, Agrarian Reforms with powers of Commissioner under Agrarian Reforms Act. While allowing the appeal, the Commissioner, Agrarian Reform...
Executive Engineer, Electricity (M and Re) Division, Awantipora, Anant ...
Court: Jammu and Kashmir
Decided on: Oct-08-1998
Reported in: 2000ACJ1199,AIR1999J& K137
Bhawani Singh, C.J. 1. We propose to dispose of both these matters (LPA No. 46/97 Executive Engineer and another v. Mohmmad Ashraf Bhat and OWP No. 1123/96 Mohmmad Ashraf Bhat and others v. Executive Engineer and others) by this judgment in view of order passed by this Court on July 14, 1998. Facts giving rise to the initiation of this case may be recorded briefly.2. Petitioner is son of deceased Jalal-ud-din Bhat alias Jalla Bhat R/o Chanderigam, Tehsil Tral of District Pulwama. Petitioner's age istwenty years. His father was an agriculturist, cultivating his land growing primarily paddy on the total land in his ownership. Although it was hinted by learned counsel for the petitioner that the deceased was working as labourer also but this fact has not been stated in this petition, therefore, we leave the matter at that.3. On September 15, 1995 deceased was working in his field. High tension electricity line which passed through it has fallen in the field. Deceased was trapped in it and...
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