Jammu and Kashmir Court September 1998 Judgments
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Ghulam Mohi-ud-dIn Najar Vs. Addl. Chief Secretary, Homes and ors.
Court: Jammu and Kashmir
Decided on: Sep-29-1998
Reported in: 1999CriLJ1911
ORDERSyed Bashir-Ud-Din, J.1. Ghulam Mohi-Ud-Din Najar has been detained under order dated 01-01-1998 of District Magistrate, Srinagar, Respondent No. 2 for a period of 18 (eighteen) months under Section 8 of the Jammu and Kashmir Public Safety Act of 1978, (hereinafter, for short Act).2. This order of detention is under challenge in this petition filed by the detenu's brother on the following grounds :-(i) The detention case has not been referred to the Advisory Board within the prescribed time and Board has not also given its opinion and report with respect to sufficiency or otherwise of the cause for detention within the required time period. Failure to refer the matter to the Board and submission of the opinion and report by the Board to the Government within stipulated time period as statutorily laid down by the provisions of the Act, invalidates the detention;(ii) The detenu has not been served with order of detention. He has not been informed of his right of making representatio...
Pt. Govind Ram Vs. Ram Saroop
Court: Jammu and Kashmir
Decided on: Sep-25-1998
Reported in: AIR1999J& K63
Arun Kumar Goel, J.1. This Letters Patent Appeal u nder Clause 12 of the Jammu and Kashmir Letters Patent is directed against the order passed by learned single Judge of this Court in Chamber on 26th of August, 1997. The said order has permitted the respondent No. 1 to file additional written statements, with a prayer to allow this appeal and set aside the impugned order.2. Brief facts giving rise to this case are that Election Petition No. 4 of 1996 titled Ram Saroop v. Returning Officer, is pending trial under the provisions of the Jammu and Kashmir Representation of the People Act, 1957 (hereinafter referred to as the Act), wherein election of the appellant has been questioned on a number of grounds. After the filing of written statement by the appellant to the said Election Petition vide order dated 22-5-1997 on an oral request having been made on behalf of the respondent No. 1-pct it Loner in the Election Petition, he was permitted to file replica to the written statement of defen...
Abdullah Jhat and anr. Vs. State of Jammu and Kashmir and anr.
Court: Jammu and Kashmir
Decided on: Sep-25-1998
Reported in: 1999CriLJ3034
Bhawani Singh, C.J. 1. We propose to decide Criminal Appeal No. 1 of 1995 and Criminal Reference No. 12 of 1994 by this Judgment. Criminal Reference is by Sessions Judge, Pulwama in terms of Section 374 of Criminal Procedure Code, 1989 (J . and K.) convicting the accused under Sections 302/376 Ranbir Penal Code (hereinafter for short RPC) and imposing sentence of death.2. Accused had not preferred Appeal through jail, but when the matter came before this Court, Shri Mushtaq Mohammad, Advocate, was appointed Amicus Curiae to file Appeal on behalf of the accused within the time allowed by the Court. This is how Criminal Appeal No. 1 of 1995 is before us with Criminal Reference No. 12 of 1994.3. Material facts of the case are that accused married to Mst. Hajra, who had been divorced by her previous husband for reason of infidelity and moral turpitude. From the accused, she had four children eldest being the daughter Salima (deceased) aged 15 years. Further, it is recorded in the Appeal th...
Ab. Rashid Badu Vs. Executive Officer
Court: Jammu and Kashmir
Decided on: Sep-10-1998
Reported in: AIR1999J& K87
ORDERT.S. Doabia, J. 1. An order passed by the Secretary to the Srinagar Municipality, by which a building application submitted by the petitioner was rejected is subject matter of challenge in this petition. The order of rejection reads as under:-- '... rejected until the shed constructed within the premises without permission not dismentelled.' 2. The further fact is that against the construction of the shed which was constructed without permission a notice was issued by the Municipality. This was subject matter of challenge before the J. and K. Special Tribunal Srinagar. On 7-3-89 an order was passed directing the parties to maintain status quo. As to what was the final out come of this appeal is not known to any of the parties. 3. In case the appeal stands decided and in case any direction has been given by the Tribunal vis-a-vis the Shed in question then that has to be implemented and naturally to be taken note of by the Municipality also. If the matter is still pending a directio...
Mushtaq Ahmad Dar Vs. Mohmmad Ishaq Zaroo and ors.
Court: Jammu and Kashmir
Decided on: Sep-03-1998
Reported in: AIR1999J& K125
ORDERSyed Bashir-Ud-Din, J.1. The suit of Mohmmad Ishaq Zaroo, respondent No. 1 before this Court, for declaration and injunction was pending adjudication before 3rd Additional District Judge Srinagar. The matter was referred for arbitration in terms of agreement entered by the parlies. While report and award of, arbitral reference was awaited, plaintiff/respondent No. 1, moved Court of reference for ad-interim relief including attachment of shops in the ground floor of the building subject of arbitral reference.2. The Court of reference took certain steps including directions to the concerned police to implement Court order passed in December 1994. While this matter was being heard on a due date, the petitioner/defendant MushtaqAhmad Darfiled an application for transfer of the case on the ground that the said defendant saw one Hassan Zaroo, brother of plaintiff, with the Presiding Officer in his chambers, leading to apprehension in the mind of defendant/petitioner, that he may not get...
Executive Engineer, Flood Control Division Vs. Presiding Officer, Indu ...
Court: Jammu and Kashmir
Decided on: Sep-02-1998
Reported in: (2000)ILLJ1073J& K
T.S. Doabia, J. 1. In this petition, challenge is being made to an order passed by Industrial Tribunal-cum-Labour Court, Srinagar. Respondent Kamini Tickoo was working as Typist with the appellant (sic) organisation. She came to be employed in the year 1979. She worked upto February 27, 1982. Her services were brought to an end by passing verbal order. As there was no compliance of the Industrial Disputes Act, 1947 inasmuch retrenchment compensation was not paid in terms of Section 25F of the Act and as she had rendered more than 240 days of service order of termination was held to be bad. She was held entitled to the payment of back wages. For this, reliance was placed on a decision given by the Supreme Court of India in case reported as Hindustan Tin Works v. Its Employees (1978-II-LLJ-474) (SC).2. In my opinion view expressed by the Industrial Tribunal-cum Labour Court Srinagar cannot be faulted.3. The Supreme Court of India in the case of Des Raj v. State of Punjab (1988-II-LLJ-149...
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