Jammu and Kashmir Court July 1998 Judgments
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Administrator, Srinagar Municipality and anr. Vs. Kais Group and ors.
Court: Jammu and Kashmir
Decided on: Jul-31-1998
Reported in: AIR1999J& K106
ORDERSyed Bashir-ud-din, J.1. Sub Judge (Judge, Small Cause Court) Srinagar on the application of Respondent No. 1, plaintiff before the Court below, issued notice to respondents 1 and 2 and to Secretary, Municipality Srinagar, for appearance in person to show cause why they may not be punished for contempt and in the meanwhile, directed them to comply with the order of temporary injunction dated 29-6-1996 as extended on 26-2-1997. Besides, the respondents were also required not to go ahead with this move to cancel the allotment to plaintiff of suit shops and their re-allotment pending the suit before the trial Court. These orders have been challenged by the Administrator and Executive Officer of the Srinagar Municipality.2. The facts and circumstances in brief, necessary for our present purposes, are :--That the defendant-Executive Officer, of the Srinagar Municipality, published a notice for allotment of shops on auction, constructed under construction in Municipal Complexes at Budsh...
Ghansham Vs. Chief Conservator of Forests and ors.
Court: Jammu and Kashmir
Decided on: Jul-31-1998
Reported in: (2000)ILLJ459J& K
ORDERT.S. Doabia, J.1. 1. This order shall dispose of Writ Petition No. 486 of 1997 and Writ Petition No. 122 of 1998. Both have been preferred by the same person.2. The petitioner is seeking regularisation. This has been denied to him.3. Facts have been noticed from SWP 486/1997.4. The petitioner was given initial appointment in the year 1988. He continued to work in the year 1989. He also worked in the year 1990. He performed duties for some months in the year 1991. As per the petitioner, he fell sick. He remained absent for some time. He was again given appointment as Range officer, on October 1, 1994. He continued in service till the end of November, 1996. Thereafter, his services were discontinued. This led him to approach this Court. Aforementioned Writ Petition No. 486 of 1997 was filed. This Court on April 1, 1997 passed following order:'Notice as above. Reply within the same time. Subject to hearing the other side, respondents are directed not to terminate the services of the ...
Mohd. Yunis Shah Vs. State of J. and K. and ors.
Court: Jammu and Kashmir
Decided on: Jul-30-1998
Reported in: AIR1999J& K90
ORDERSyed Bashir-Ud-Din, J. 1. Sher-i-Kashmir Institute of Medical Sciences, Soura, Srinagar, (hereinafter called SKIMS), invited applications for admission to Post Graduate and Ph. D. Courses in different disciplines, including Medicine for the academic Session, which was to commence from June, 1990. For the purpose notification was issued on 22-3-1990 (Annexure P-1). The guidelines, eligibility and norms were prescribed in the notification, as also in the prospectus inter alia for M. D. Course (Annexure P-2). 2. Petitioner applied for the Post Graduate discipline in Medicine. The written test was held on 2-6-1990, followed by practical and Viva-voce test held from 28-6-90 to 30-6-1990. The result was declared and the petitioner failed to qualify and thereby was not selected for M. D. Course in the institute (Annexure P-5). 3. The petitioner has in this writ petition challenged selection of other candidates, respondents 4 to 12 and his non-selection. It is alleged that the official re...
Kamal Saini Vs. Chandan Kumar
Court: Jammu and Kashmir
Decided on: Jul-22-1998
Reported in: 1999CriLJ652
ORDERG.D. Sharma, J.1. Through the medium of this petition inherent jurisdiction of this Court has been invoked for quashing complaint (No. 53-A/ 90 Cog. titled Chandan Kumar v. Kamal Saini) the cognizance whereof was taken by the learned Judicial Magistrate 1st Class (Sub Judge) Samba and process was issued against the petitioner herein to withstand the trial for the commission of offences under Sections 341 and 323 RPC.2. In the complaint the respondent had alleged that on 24-4-1990 at about 11 AM, he visited the Police Station, Semba in order to get a compromise effected between Baldev Raj and others. At that time, the petitioner herein called him inside his room and asked as to why he had been writing defamatory articles against him in his newspaper. Thereafter, the petitioner used abusive language and dragged him to another room and gave good thrashing. He also threatened that respondent would be killed. After this incident, the petitioner wrongfully confined the respondent for ab...
Anand Ram and anr. Vs. A.K. Jain
Court: Jammu and Kashmir
Decided on: Jul-20-1998
Reported in: 2001ACJ1862,AIR1999J& K29
Arun Kumar Goel, J. 1. This appeal by the appellants is directed against the judgment passed by learned single Judge of this court in CIMA No. 74/94, dated 28-4-1995. 2. In order to properly appreciate the respective contentions urged by the learned counsel for the parties appearing in this appeal, facts need to be briefly referred to, which are as under :- A claim petition under the provisions of Motor Vehicles Act, 1939 (hereinafter referred to as the Act), came to be filed by the appellants against owner, driver as well as insurer of vehicle bearing registration No. JKA-8449. Case of the appellants as set-out in the claim petition under the Act was that on 31st of October, 1985 the said vehicle was being driven by Ghulam Rasool Khuroo and Mohan Krishan Tickoo, a college student (since deceased) was over run by the said truck near Degree College Khanabal, Anantnag. Accident was attributed to the rash and negligent driving on the part of the driver which resulted in death of said Moha...
Mehta Foods Pvt. Ltd. Vs. State of J. and K. and ors.
Court: Jammu and Kashmir
Decided on: Jul-02-1998
Reported in: AIR1999J& K43
R. C. Gandhi, J. 1. By virtue of the reference made by the Division Bench, writ peti-lions were taken up for hearing. Before touching the merits of the case, at the very outset, learned Advocate General representing the respondents, contended to canvass the maintainability of the reference made by the Division Bench of this Court for hearing and deciding the petitions by a Larger Bench, in presence of the law laid down by a Full Bench of this Court in Girdhari Lal Anand Saraf v. State of J. and K., AIR 1969 J & K 113, wherein the legality and constitutional validity of Section 3 of the Levy of Tools Act, Samvat, 1995 (hereinafter to be referred to,as the Act) has been held to be intra vires, which is also the subject-matter of challenge in the present writ petitions. 2. The matrix of the case is that the petitioners in this batch of petitions, have invoked the extraordinary writ jurisdiction of this Court under Article 226 of the Constitution of India projecting an issue with regard to...
Ufaira Rashid Vs. State of J. and K. and anr.
Court: Jammu and Kashmir
Decided on: Jul-02-1998
Reported in: AIR1999J& K99
ORDERN.A. Kakru, J. 1. Admit. Heard the LC for the parties. Respondent No. 2 had declined to issue the certificate under SRO 126 of 1994 in favour of the petitioner on the ground that the family of the petitioner had ceased to be resident of Gogji Pathri and the Tehsildar had also come to a conclusion that the family resides at Batamaloo, Srinagar.2. The petitioner challenged the order of respondent No. 2 before the Deputy Commissioner (DC), who is an appellate authority prescribed under SRO 126, the appeal of the petitioner came to be allowed and respondent No. 2 was placed under direction to issue a backward area certificate in favour of the petitioner after consideration of the case. Respondent No. 2 did not issue the certificate despite directions from the DC (Deputy Commissioner). Consequently, the petitioner filed a writ petition bearing No. 126/97. In compliance to the directions of the Court respondent No. 2 filed objections before the Court through Mr. R, A. Khan, Ld. GA and i...
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