Jammu and Kashmir Court October 2000 Judgments

Harbhajan Kour Vs. State

Court: Jammu and Kashmir

Reported in: 2001CriLJ2033

Arun Kumar Goel, J.1. This appeal is directed against the judgment passed by the then learned Sessions Judge, Jammu in File No. 105/Sessions dated 10-11-995. By means of impugned judgment appellant was held guilty for having committed offence under Section 304, Part I RPC for killing her husband and his mistress. Trial Court has convicted her to undergo 7 years rigorous imprisonment and also to pay a fine of Rs. 500/-, in default of payment whereof appellant has been ordered to undergo simple imprisonment for six months.2. Prosecution was launched against the appellant on the allegations that she along with her late husband Jagdish Singh migrated from Kashmir Valley to Jammu. They were tenants of deceased Darshan Kour at Digiana, Jammu. Further case of the prosecution was that deceased Jagdish and Darshan Kour were having illicit relations. Deceased lady was a young widow and the appellant along with her husband were her tenants in her house. It is further made out from the prosecution...

Nek Ram Vs. Solay Ram and ors.

Court: Jammu and Kashmir

1. This revision is directed against the judgment and decree passed by Lok Adalat organised by Tehsil Legal Services Committee, Udhampur dated 29-12-1998. By means of this decree, suit of the respondent-plaintiff has been decreed against the petitioner for permanent prohibitory injunction restraining them from interferring in plaintiff's possession over the land, which was subject-matter of the suit and Kotha constructed thereon, situated in village Narore, Tehsil Udhampur.2. Suit was filed by the respondent to the effect that petitioners may be restrained from interfering over the land, which was the subject matter as detailed in the plaint. As per case set up, respondent was in cultivating possession of the land in question on the spot. He further claimed that so far as share of Nek Ram - petitioner is concerned, the same has been taken over by means of a lease deed 'pata-nama' and affidavit adated 06-12-1994. Copy of Khasra Girdawari and photostatt copy of 'Patta nama' and affidavit...

Bashir Ahmad Vs. Ghulam Mohammad Sheikh and ors.

Court: Jammu and Kashmir

Reported in: AIR2001J& K32

ORDERNisar Ahmad Kakru, J. 1. The plaintiff-appellant was originally elected in the year 1996 for a period of two years as Chairman of the Western Bus Service, General Bus stand Batamaloo (undertaking for short). His term was to expire by the end of October, 1998 and the elections were to fall due by the end of October. 1998. There is no dispute that the elections were not held but the appellant's stand is that in a meeting of the General body held on 28-8-1998 which was attended by 650 members out of 800 members of the undertaking his term was extended for another span of three years. The respondents 1 to 9 opposed his continuation, consequently a suit was filed by the plaintiff-appellant. An application was also filed for an interim relief which was disallowed by the learned Additional District Judge. Srinagar by his order dated 28-2-2000. However, an interim arrangement has been made which is to hold good till disposal of the suit. 2. This appeal arises out of the above said order. ...

Mohammad Ahsan Dar Vs. State of Jammu and Kashmir

Court: Jammu and Kashmir

1. The facts material for disposal of the CMP may be stated in brief. It transpires from the pleadings of the parties that the petitioner as also respondents 3 to 5 had applied in consequence to an advertisement Notice of Sher-i-Kashmir Institute of Medical sciences, Soura (for short SKIMS) for the post of Lecturer in Opthalmology. The respondents 3 to 5 succeeded in the selection process to the exclusion of the petitioner, consequently they came to be appointed in SKIMS vide Government order No. 43-IMS of 1999 dated 25.09.1999. Such appointment has not irked the petitioner but it is the selection of the respondents 3 to 5 made by the Jammu and Kashmir Public Service Commission for the post of Lecturer in the department of Health & Medical Education, the petitioner is aggrieved of, which owes its origin to the Advertisement Notice No. 21-PSC of 1997 dated 6.10.1997. The selection is impugned on the basis of a condition imposed on the respondents 3 to 5 in their appointment order issued...

Ghulam HussaIn Malik Vs. Union of India and ors.

Court: Jammu and Kashmir

1. Vide order No. B/EDDA/B. Lamer dated 19.1.1980, the petitioner was appointed as Extra Departmental Delivery Agent (EDDA). He took over the charge on 2.2.1980 as EDDA Brinel Lamer. In terms of order dated 19.7.1991, he on 25.7.91 assumed the charge as Branch Master, Brinal Lamer form Smt. Maryama Banoo. On 28.11.1991, he made application to the Sr. Superintendent of Post Offices, Kashmir Division, Srinagar requesting him to regularise his services as Branch Post Master Brinel Lamer in pursuance to D. G. Posts letter No. 43-27/85-Pen. (EDC & Trg.) dated: 12.9.1988. The application was sent through registered post (Annexure-D).2. Instead of deciding the above said representation within reasonable time, the Sr. Superintendent of Post Offices, Srinagar Divn. vide his letter No. A-1/29(B)/Vol-II/45 dated 9/10/1995 demanded a panel of five candidates from the District Employment Officer, Anantnag to fill up the post of EDBPM (B. Lamer). The eligibility criteria was prescribed in the letter...

Gurdass Singh Vs. Union of India and ors.

Court: Jammu and Kashmir

1. The petitioner is claiming disability pension. His claim stands rejected vide letter dated 18-02-1998.The writ petition is pending in this court since 22-02-1999. Number of opportunities were granted to file the objections. This was not done. On 05-09-2000 the petition was admitted. Counter has not been filed. It is in these circumstances, this petition is being taken up for final disposal.2. On 15-12-1996, the petitioner alongwith his wife Smt.Chhoti Devi had gone to attend a religious ceremony. The scooter on which they were travelling was hit by a Tipper No.JK01B-4325. The petitioner suffered multiple injuries. A departmental inquiry was held. The petitioner was exonerated. It was concluded that the accident occurred on account of the negligence of a civil Tipper having registration NO.JK01B-4325. On account of the injury so sustained the petitioner was discharged from service. He has been denied disability pension. This was on the ground that the injury was neither attributable ...

Surkhi Ram Vs. Raj Dulari

Court: Jammu and Kashmir

Reported in: 2001CriLJ1991,II(2001)DMC407

'The aged parents, a virtuous wife and infant child must be maintained even by doing a hundred mis-deeds.'(Manu cited in Mita Kshara)1. This is a reference made by the learned Addl Sessions Judge, jammu holding that the order passed by the Judicial Magistrate 1st class, R.S.Pura whereby he had allowed monthly maintenance allowance of Rs.3000/- in favour of respondent Raj Dulari and her minor children is not in accordance with law what prevailed with the learned Addl Sessions Judge to make a reference is that none of the respondents appeared in the court to substantiate their claim. It has been observed that in these circumstances the trial court mis-directed itself in fixing the maintenance amount of Rs.3000/ PM.2. The respondent Raj Dulari and her three minor children had preferred a petition under section 488 Cr.P.C.It was pleaded that marriage between her and Surkhi Ram was solemnized about 19 years ago in accordance with Hindu rites. Out of this wed-lock four children were born dau...

Gopal Dutt Joshi Vs. Union of India and ors.

Court: Jammu and Kashmir

1. The only question involved in this writ petition challenging the promotion of the private respondents No.4 to 10 to the grade of 2nd -in-command in the Security Special Bureau is made by selection or according to the seniority. The case of the petitioner is that he was enrolled as Platoon Commander (SI) in Security Special Bureau in January 1969 and was promoted as Inspector in December 1976. Later on he was promoted to the rank of Company Commander in July 1982 on the basis of merit and seniority. Again on the basis of his outstanding service record he was promoted as Deputy Commandant in October 1991.2. The grievance of the petitioner is that unblemished service record of the petitioner was ignored by the official respondents while promoting the private respondents when order dated 27-02-1996 was issued by respondent-2 pursuant to the order dated 27-11-195 issued by the respondent 1 by virtue of which private respondents were promoted to the grade of 2nd-in-Command. He was thus su...

Sanjay Kumar Vs. State of Jammu and Kashmir and ors.

Court: Jammu and Kashmir

1. 'Rehbar' in the traditional concept means a person who enlightens, illumines, guides, paves the path of light, unfolds the bright horizon amidst the encircling gloom, expands his aura enigmatically reaching the true follower and also the one who transfers his sense of originality, duty of accountability and progressive creativity to the dutious disciple leaving his lively foot prints on the sands of time. If the ancient scriptures are to be taken into consideration, then a 'Rehbar'can be put on the same pedestal as a 'Guru' was put in the Shashtras making him equivalent to guide. In turn, making the disciples follow him with reverence and acts of veneration.2. The dictionary meaning of the words 'Reh' and 'Rahbar' as found in Standard Twentieth Century Dictionary is as under:'Way path passage, means of access, method, manner, mode; fashion, show the way, guide, deceive, prevaricate, leader, mentor, guidance leadership, mend one's ways, be brought round, bring (someone) round reform,...

Commissioner of Wealth-tax Vs. Ghulam Mohi-ud-dIn Mutto

Court: Jammu and Kashmir

Reported in: [2001]247ITR549(J& K)

B.P. Saraf, C.J. 1. By this reference under Section 27(1) of the Wealth-tax Act, 1957 ('the Act') (erroneously numbered as Income-tax Reference), at the instance of the Revenue, the Income-tax Appellate Tribunal, Amritsar Bench, Amritsar ('the Tribunal'), has referred the following question of law to this court for opinion : 'Whether, on the facts and in the circumstances of the case, the Tribunal was correct in law in confirming the order of the Commissioner of Income-tax (Appeals) quashing the assessment framed by the Wealth-tax Officer following the decision of the Jammu and Kashmir High Court in the case of P. C. Oswal v. S. P. Mehta, WTO ?' 2. The material facts giving rise to this reference are as follows : The asses-see filed his return of net wealth on February 25, 1978, declaring his net wealth at Rs. 1,26,000. The Inspecting Assistant Commissioner of Wealth-tax made the assessment on March 30, 1982, and determined the net wealth of the assessee at Rs. 2,64,810. This he did by...