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Jammu and Kashmir Court May 1999 Judgments

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May 27 1999

Dr. Mohammad Akbar Bhat Vs. Abdul Ahad

Court: Jammu and Kashmir

Decided on: May-27-1999

Reported in: 2000CriLJ2719

ORDERG.D. Sharma, J.1. Today CMP No. 37/99 was fixed wherein prayer has been made for the grant of direction to the incharge P.S. Indira Gandhi Airport, New Delhi for the release of passport No. 232157 dated 24-3-1993 which was seized on the orders of the Chief Judicial Magistrate, Budgam. On the agreement of the counsel for the parties, the said CMP is taken up alongwith main petition (Petition No. 39/97) for disposal.2. The petitioner is a retired Principal of the Government Dental College, Srinagar. He has litigation with his ex-daughter-in...aw regarding the landed property. The petitioner has alleged that his ex-daughter-in...aw had filed a suit against him and his wife and in the plaint intentionally their wrong addresses were given. She in connivance with the respondent herein filed written statement on their behalf and the allegations of the plaint were admitted. On this frudulent admission, on 6-3-1997 the suit was decreed against them, when said decree was put to execution, i...


May 20 1999

University of Jammu and ors. Vs. Brinder Nath and ors.

Court: Jammu and Kashmir

Decided on: May-20-1999

Reported in: AIR2000J& K93

Doabia, J.1. The University of Jammu is aggrieved against an order passed by the J. & K. State Consumers Redressal Commission (hereinafter referred to as the Commission). The order has been passed under the Jammu and Kashmir Consumer Protection Act, 1987 (hereinafter referred to as the Act). The Commission has ordered payment of a sum of Rs. 2,00,000/- by way of compensation to the respondent No. 1.2. The circumstances under which the complaint to be filed before the Commission be noticed.Mr. Brinder Nath-respondent No. 1 figured as a complainant before the Commission. His plea was that he was a regular student of M. A. M. College, Jammu in the academic year 1982-83. On account of unavoidable circumstances he stated that he was unable to appear in the examination. He was short of lectures also. He was again admitted in the college. The shortage of lectures was completed by him. His admission form was said to have been forwarded to the University with a view to enable him to take part i...


May 19 1999

Hussam-ud-dIn Ahmad Vs. Union of India (Uoi) and ors.

Court: Jammu and Kashmir

Decided on: May-19-1999

Reported in: AIR1999J& K136

Bhawani Singh, C.J. 1. This appeal is directed against the judgment of single Judge dated October 6, 1998 in OWP No. 362/89.2. Petitioner is aggrieved by order No. JED/ C/402/6/85 dated February 26, 1986 passed by Consulate General of India at Jeddah (Saudi Arabia) whereby passport bearing No. R-009573 has been impounded under Section 10(3)(e) of the Passports Act, 1967. This order apprised the petitioner of his right to appeal to the Chief Passport Officer within 30 days.3. Petitioner preferred representation which has been rejected after being treated as an appeal. Through the writ petition, petitioner challenged the action on grounds that Consulate General of India has no authority to pass the impugned order since he is not vested with the powers of Passport Officer and that the recitation in the order that the same has been passed by Government of India is not correct and that the petitioner was not communicated copy of the same for preferring the appeal without which he could not ...


May 11 1999

Nissar Ahmad Bhat Vs. State of Jammu and Kashmir and ors.

Court: Jammu and Kashmir

Decided on: May-11-1999

Reported in: (2001)ILLJ94J& K

ORDERG.L. Raina, J.1. While appointed as the conductor andregistered under No. 2096, the petitioner'sengagement as such conductor got terminatedvide order No. JKSRTC/ECIV/2096/1786dated August 13, 1984 issued by the Director(Administration), Jammu and Kashmir StateRoad Transport Corporation, hereinafterreferred to as the Corporation. This majorpenalty Came to be imposed on the ground thatthe petitioner had unauthorisedly absented himself from duty with effect from October 20,1983. The termination order merits to bereproduced:'Shri Nissar Ahmad Conductor Regn. No. 2096 was charge sheeted by the Manager, Tourist Services. JKSRTC, Srinagar on the charge of unauthorised absence from duty with effect from October 20, 1983. Consequent upon failure to reply to the charge sheet he entailed suspension under concerned Unit Officers No. HC/MTS/ JKSRTC/341-44 dated November 10, 1983 and subsequently served with a show cause notice vide No. HC/CD-2096/MTS/SRTC/ 687-88 dated April 27, 1984 duly sent...


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