Jammu and Kashmir Court April 1999 Judgments
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Roop Chand Vs. State of J. and K. and ors.
Court: Jammu and Kashmir
Decided on: Apr-28-1999
Reported in: AIR2000J& K43
Mir, J. 1. Admit. Issue fresh notice, Mr. S.K. Anand accepts notice on behalf of respondents. 1A. We have taken up the appeal for final hearing. Heard learned counsel for the parties. The appeal is directed against the judgment of a learned single Bench passed in OWP No. 807/96 on 13-11-1998. The judgment of the learned single Judge from page one to page four is only reproduction of a Supreme Court finding passed in a case titled T.N. Godavarman Thirumulkpad v. Union of India, reported in 1997 (2) SCC 267 : (AIR 1997 SC 1228). The only addition made by the learned single Judge is a prefacing sentence in the beginning and one towards the conclusion. In the beginning, the writ Court introduces the case by stating as under :-- 'The petitioner submits that he be issued requisite permission to deal with the timber. It be seen that the matter now stands covered by the decision given by the Supreme Court of India in the case reported as T.N. Godavarman Thirumulkpad v. Union of India, 1997 (2)...
Yaqoob Khan Vs. Fazal Khan and ors.
Court: Jammu and Kashmir
Decided on: Apr-26-1999
Reported in: AIR2000J& K1
ORDERSyed Bashir-ud-Din, J.1. Applicant Yaqoob Khan, through this motion is praying for certificate that the judgment dated 30-1-1988 of Hon'ble Single Bench in Civil Appeal No. 9/75, is fit for appeal before a Division Bench of this Court, insofar as in absence of such leave, applicant is precluded to file 2nd Appeal in this case in terms of Clause 12 of the Letters Patent of this High Court. Alongside, an application for condonation of delay in filing the said application under Clause 12 of the Letters Patent Rules, read with High Court Rules, has been moved. A supplementary affidavit thereto is also available on record as part of grounds set out for condonation and prayer for issuance of the certificate in question. Objections have been filed by the otherside.2. The counsel for the parties are submitting in unison that both matters are intermingled and form two facets of the same question. Accordingly, matter was heard in entirety.3. It would be profitably to set out necessary facts...
Sainik Co-operative House Building Society Ltd. and ors. Vs. State of ...
Court: Jammu and Kashmir
Decided on: Apr-20-1999
Reported in: AIR2000J& K85
ORDERT.S. Doabia, J.1. In the exercise of powers conferred by Section 3 of the Prevention of Ribbon Development Act of Samvat 2007, a direction has been given. This direction is to the effect that no building activity shall be undertaken within 75 meters from the centre of the road alongside the bye-pass outside the limits of Jammu Municipality. This notification has been reproduced in paragraph 6 of the petition. The imposing of above restriction is being challenged on the ground that this is not a reasonable restriction within the meaning of Articles 19 and 21 of the Constitution. It is submitted that fixation of 75 meters from the centre of the road is not Justified. It is further submitted that if for the national highways, the limit is 30 meters, then there is no justification of fixation of limit of 75 meters in the present case. It is urged that this restriction violates the fundamental rights of the petitioner as the same is amounts to interference in the rights of user of prop...
Jagdish Raj and Etc. Vs. State of J. and K. and ors.
Court: Jammu and Kashmir
Decided on: Apr-20-1999
Reported in: AIR1999J& K156
ORDERT.S. Doabia, J.1. Jean Jacques Rousseau the famous French Philosopher tells us of a 'state of nature' where all men were free and enjoyed full powers to manage their affairs. This 'state of nature' was found to be unregulated. With a view to regulate this unregulated state of affairs. We are told that there was the 'Contract Social' whereby individuals agreed to surrender their sovereignty in favour of the 'General Will'. This 'General Will' was to exercise control over all individuals. Each of the individual was to surrender his sovereignty in favour of the 'General Will'. It was this authority which was supposed to safeguard the life, liberty and property of the individuals, It was this authority which was to frame the laws. It is to the law alone as per Rousseau 'men owe justice and Liberty'. It was this law which was to re-establish orderly state of affairs among all individuals. The petitioners in these writ petitions are looking to this 'Sovereign' for protection of their li...
Jammu and Kashmir Women's Development Corporation Ltd. and Anr. Vs. Ka ...
Court: Jammu and Kashmir
Decided on: Apr-20-1999
Reported in: (1999)IILLJ1403J& K
ORDERG.L. Raina, J.1. These three revision petitions arise out of the three suits which are based on identical facts and the reliefs sought are similar. These petitions are therefore taken up together for disposal as under:-2. The J. and K. Women's Development Corporation, (hereinafter referred as, the Corporation) Srinagar, issued the notice inviting the applications from interested and eligible candidates for the filling up of the posts of Project Officer, Supervisors, Typist/UDC's and Orderly for its Monitoring and Marketing cell. The advertisement notice clearly indicated that the posts carried the consolidated salaries and the appointments were to be purely on contract basis for a period of one year only.3. Applications having been received and considered lead to the appointments of the plaintiffs in Civil Suit Nos. 79, 80 and 81 of 1997.4. While these contract-engagements were in subsistence, the suits aforesaid came to be instituted in the Court of City Judge, Srinagar, seeking ...
State of J. and K. Vs. Rattan Lal and anr.
Court: Jammu and Kashmir
Decided on: Apr-19-1999
Reported in: 1999CriLJ4434
Bhawani Singh, C.J.1. This Appeal is directed against the order of acquittal dated January 27, 1995 passed by Sessions Judge, Rajouri for offence under Section 302/34, RPC.2. First Information Report dated November 29, 1993 was lodged by Gian Chand son of deceased Munshi Ram at Police Station Dharamsal (Kalakote) mentioning that his father used to treat people and charge for the same exercising supernatural powers. Smt. Armo Devi daughter of accused Krishan Lal had also been treated by him, but his charges had not been paid despite promise. Again, accused Krishan Lal came to his house 3/4 times requesting his father to treat his son, accused Rattan Lal, but his father declined to do so. On November 28,1993, Krishan Lal came to his house in the afternoon and requested his father to come to his house and treat Rattan Lal, who was seriously ill. His father went on being assured, of the payment.3. When his father did not return, he went to the house of Krishan Lal at 11.00 p.m. and found h...
Sheikh Abdul Hafiz Vs. the State and ors.
Court: Jammu and Kashmir
Decided on: Apr-06-1999
Reported in: 1999CriLJ4518
ORDERG.L. Raina, J.1. Vide its order No. 54-GAD (Vigilance) of 1998 dated 27-7-1998, the Government of J. and K. accorded sanction to the prosecution of as many as fifty four of its officials/officers for the offence punishable under Sections 120-B, 167-A and 201, R.P.C. and under Section 5(2), Prevention of Corruption Act. The petitioner Seikh Abdul Hafiz is one of them.2. The order sanctioning the prosecution attributes various acts of commission and omission to the officials/officers as a result of which a specific loss of Rs. 239.63 lakhs is said to have been caused to the State exchequer.3. Shorn of the details and the specifics of the allegations levelled against the said officials/officers, the case for the prosecution appears to be that while posted in the Power Development Department Kishan Ganga Hydel Project they in wilful disregard to the codal norms acting under a conspiracy, manipulated the records and withdrew different amounts an account of temporary advances etc. and m...
State of J. and K. Vs. Gh. Mohi-ud-dIn and ors.
Court: Jammu and Kashmir
Decided on: Apr-02-1999
Reported in: 2000CriLJ1270
G.L. Raina, J.1. One cannot pretend to be oblivious to the unprecedented and un-exceptional turbulance that came to prevail in the State of J. & K. since the begining of the current decade of this last millennium. The mayhem created by the elements, local as also the mercenaries, traumatised the society. The rule of law yielded to the gun and bullet. No one could stand up against the dictates of the militants and the terrorists who held the society as hostage to subvert the social order and the security of the State. The aim and object of the militants - instigated, incited, abetted, trained and armed by the external elements, supported by the local black-sheep - has been to cause cecession (cessation) of the State of J. & K. from the Union of India. The ordinary laws failed in the abovesaid situation to arrest the worsening security scenario. In order to prevent the situation from going completely out of hands and in order to prevent the militants, their harbourers and sympathisers fr...
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