Jammu and Kashmir Court April 1998 Judgments
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Sohanlal Vs. Union of India (Uoi) and ors.
Court: Jammu and Kashmir
Decided on: Apr-30-1998
Reported in: (2000)ILLJ201J& K
ORDERT.S. Doabia, J.1. Parties heard. Petition admitted. With the consent of the parties, it is taken up for final disposal.2. An order terminating the service tenure of the petitioner came to be passed on the ground that the petitioner was absent and had abandoned his duties with effect from October 17, 1990. It is this order which is the] subject-matter of challenge in the present petition. This order was passed on August 22, 1991. Copy of this is Annexure-P-1. This reads as under:'Where as Shri Sohan Lal, Helper S/o Shri Jagan Nath Bhat previously resident of Tikker Kuwara Kashmir (J. and K.), an employee of Uri H.E. Project redeployed to Chamera Transmission System, Chandigarh, has abandoned employment since October 17, 1990 (FN).And whereas he has not resumed duty despite repeated notices, his name is hereby struck off from the rolls of Uri H.E. Project with effect from October 17, 1990 (FN).He may collect his dues from Uri H.E. Project after getting No dues Certificate from all c...
Tramboo and Co. Vs. J. and K. Agro Industries Development Corpn., Srin ...
Court: Jammu and Kashmir
Decided on: Apr-22-1998
Reported in: AIR1999J& K69
O.P. Sharma, J.1. M/s.Tramboo and Company of which Sh. Mohd. Shafi Tramboo is the sole proprietor is engaged in the business of sale and supply of fertilizers. In response to a public notice dated 31-10-1995 issued by the 'J. and K. - Agro Industries Development Corporation the official respondent herein invited offers for the dealership for the sale of fertilizer in the State. Petitioner's offer was accepted and he was appointed dealer for the supply of fertilizers for district Baramulla for a period of two years. A formal Deed of Agreement was executed on 4-1-1996. From the pleadings it transpires that dealers were also appointed for other districts of valley also and Deed of Agreement executed on the same date.2. While the dealership was only for two years. Clause 12 of the agreement provided for the renewal of dealership for such further period on such fresh terms as may be agreed between the parties. It is admitted case of the parties that dealership for the districts of Srinagar-...
Mohammad Yousuf Magray Vs. Haji Ghulam Hassan and Two ors.
Court: Jammu and Kashmir
Decided on: Apr-22-1998
Reported in: AIR1998J& K84
Kawoosa, J. 1. This review petition, seeking recall of order dated 22nd May, 1997, passed by a Division Bench of this Court, has been filed on 18th June, 1997. We don't feel the need to encumber this order with facts more than necessary; a brief resume of the relevant facts would suffice. 2. Civil Original Suit No. 22 of 1974, pertaining to 17 Kanals and 2 Marias of land situated at village Shankerpora of Tehsil Chadoora, was filed by petitioner, Haji Ghulam Hassan, before the High Court. This suit was partly decreed and partly dismissed vide judgment dated 16-11-1981 by the learned single Bench. The judgment resulted in filing of two cross appeals, one each by the petitioner and respondent herein, respectively bearing Nos. CIA No. 6/82 and CIA No. 8/82. These cross appeals were clubbed together by order dated 7-7-1986 passed by the Division Bench in CIA No. 8/82. Order dated 9-5-1989 passed on CIA No. 6/82 makes mention of the direction of the Apex Court to hear the appeals together. ...
Latif Ahmad Wani Vs. State of J. and K. and anr.
Court: Jammu and Kashmir
Decided on: Apr-21-1998
Reported in: 1998CriLJ4287
ORDERSyed Bashir-ud-Din, J.1. The petitioner through counsel challenges his detention ordered by District Magistrate, Srinagar on 25-6-1996 and lodgment of petitioner pursuant to the warrant DMS/PSA/ 214/96 in District Jail Kathua for a period of 24 months (Annexure-A). The detention and the order is challenged on the following grounds:-That the detaining authority has not applied its mind and has failed to draw subjective satisfaction before passing of the order of detention, under Section 8 of the J. & K. Public Safety Act. There has been inordinate delay in passing the detention order and execution thereof even though petitioner was arrested initially on 24-3-1996 and continued under arrest thereafter to date. The grounds of detention are vague and non-existant. The order of detention has not been supplied to him. The copies of FIR or the dossier forming the basis of detention have not been as well supplied to the petitioner. The petitioner has been prevented from making an effectiv...
State Vs. Subash Singh
Court: Jammu and Kashmir
Decided on: Apr-20-1998
Reported in: 1999CriLJ220
Arun Kumar Goel, J.1. State has filed this appeal against the judgment passed by learned Sessions Judge, Kakthua on 27-4-1989, whereby the appeal filed by respondent against his conviction and sentence imposed upon him by the Judicial Magistrate Ist Class, Billawar was allowed thereby acquitting him of the offence under Section 304-A Ranbir Penal Code. Trial Magistrate had found respondent guilty and had ordered him to undergo simple imprisonment for one year as well as to pay a fine of Rs. 2000/-, in default of payment whereof respondent was directed to undergo one month's imprisonment. On recovery of fine it was ordered to be paid to the children of the deceased, if any failing which it was further ordered that it be deposited in Government Treasury.2. In order to properly appropriate the case as was urged by Shri Baru, learned Additional Advocate General, in support of this appeal, it is necessary to refer to few facts which arc material for determination of this appeal.3. As per pr...
Collector, Land Acquisition U.E.E.D. Vs. Zamindarani Brari Nambal
Court: Jammu and Kashmir
Decided on: Apr-16-1998
Reported in: AIR1999J& K93
Syed Bashir-ud-Din, J.Collector Land Acquisition Dull Development Project UEED Srinagar acquired 60 kanals and 17 marlas and one kanal and one marla of land situated at Brari Nambal, of respondents for Pilot Project Brari Nambal Srinagar and the notification thereto as required under the provisions of Land Acquisition Act was issued by the Collector in the months of May, July and November 1982. The respondents and interested claimants demanded/claimed compensation at the rate of Rs. two lacs per kanal. The Collector on inquiry into the objection and on considering the facts, circumstances and other factors, awarded the compensation payable for the land at the rate of Rs. 32,6407- per kanal for 61 kanals and 16 marlas of acquired land and Rs. 8,000/- per kanal for 'Gair Mumkin Nallah' measuring two marlas as, part of acquired land. Besides the compensation for nonfruit bearing trees was assessed Rs. 12,480/- and compensation for one structure was awarded as Rs. 22,752/-. In addition the...
Vinay Kumar and ors. Vs. State of J and K
Court: Jammu and Kashmir
Decided on: Apr-07-1998
Reported in: 1999CriLJ1537
R.C. Gandhi, J.1. Appellants-accused have preferred this appeal questioning their conviction and sentence as recorded by the learned Sessions Judge, Jammu, under the impugned judgment and order dated 28-6-1995, holding them guilty of the charge of murder of Subhash Chander under Sections 302/34, R.P.C. Accused Vinay Kumar and Ram Dass have also been found guilty of possessing sharp edged weapons in contravention of SRO-175 of April, 1974 and further convicted under Section 4/25 of the Arms Act. The appellants are sentenced to undergo imprisonment for life under Section 302 read with Section 34, R.P.C. and appellants Vinay Kumar and Ram Dass are further sentenced to undergo one year's rigorous imprisonment under Section 4/25 of the Arms Act.2. Brief facts of the prosecution case are: that the deceased used to work on dairy owned by Dilbagh Rai, his brother-in-law, and leave his house for dairy early in the morning. On October 22, 1990, the fateful morning of the day of occurrence, he le...
Mohammad Shaffi and ors. Vs. State of J. and K.
Court: Jammu and Kashmir
Decided on: Apr-07-1998
Reported in: 1999CriLJ2020
R.C. Gandhi, J.1. Appellants have challenged their conviction and sentence recorded in the impugned judgment and order dated 28-7-1995, passed in File No. 59/Session by the learned Addl. Sessions Judge, Jammu, whereby appellants Mohd. Shaffi and Mir Hussain have been convicted under Sections 302, 325, 148, 323 read with Section 34, RPC and sentenced to undergo imprisonment for life and to pay a fine of Rs. 10,000 each under Section 302, RPC and further sentenced to undergo rigorous imprisonment for a period of six months under Section 325, RPC; three months under Section 148 RPC; and three months Under Section 323, RPC and to pay a fine of Rs. 500 each on each count. Appellants Sadiq Gani, Mir Hussain (S/o Haji Sain) and Nikka have been convicted under Sections 447, 323, 325 and 148, RPC and sentenced to pay a fine of Rs. 500 on each count and in default whereof to undergo simple imprisonment for one month on each count. Appellants Varid Bakashi, Binia Meen, Lal Hussain and Kachha, hav...
Gh. Hassan Mir and anr. Vs. Registrar, High Court of J. and K. and anr ...
Court: Jammu and Kashmir
Decided on: Apr-06-1998
Reported in: 1998CriLJ3119
ORDERN.A. Kakru, J.1. The petitioners have alleged non-compliance of order dated 29th September, 1993 passed in CWP No. 2163/1991 and a few facts which are relevant for the disposal of this petition, as set out by the parties, are briefly stated hereunder:-2. The factual position on the strength of which writ petition was filed is that the petitioners are working as plumber and pump operator on the establishment of the High Court. They seek parity with the pay scale of plumbers and operators of the public works department on the ground of principle of equality before law guaranteed under Article 14 of the Constitution. Their contention is that they are performing identical and similar duties as are being perfomed by the plumb-ers and pump operators of the Public Works Department who have been given the benefit of SRO 59 dated; 6th Feb. 1990. The Court allowed the writ petition vide order dated 29th September, 1993, operative part of the Judgment is reproduced for facility of reference ...
Mushtaq Ahmad Wagay Vs. State of J. and K. and ors.
Court: Jammu and Kashmir
Decided on: Apr-06-1998
Reported in: 1998CriLJ4640
ORDERSyed Bashir-ud-Din, J.1. Gh. Qadir Wagay has filed this Habeas Corpus petition calling in question the detention of his son Mushtaq Ahmad Wagay, taken in preventive custody under order No. 63/ DMA/PS A/DET/97/544-56 dt. 23-6-97 of district Magistrate Anantnag. The detention order is challenged on following grounds:-That the detention order, grounds of detention and the documents and material referred to in the grounds of detention including the police dossier have not been supplied to the detenue thereby, preventing the detenue to make an effective representation to the Government against the detention order. Even the detenue has not been informed of his right to make a representation against the detention. That the provisions of Public Safety act regarding confirmation of detention order by the Government and reference of the matter to the Advisory Board, have not been complied with.2. On behalf of respondents one Sh. V.K. Sharma, Under Secretary to Government Home Department, ha...
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