Jammu and Kashmir Court March 2000 Judgments
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Mohd. Yousuf Rather Vs. State of J. and K.
Court: Jammu and Kashmir
Decided on: Mar-30-2000
Reported in: 2001CriLJ1569
ORDERSyed Bashir-Ud-Din, J.1. Mohammad Yousuf Rather S/o Ghulam Mohammad Rather R/o Sandipora Budgam, has been taken in preventive detention under Section 8 of the Jammu and Kashmir Public Safety Act, Pursuant to District Magistrate Budgam's detention order PSA/DMB-99/106 dated 19-7-1999. The order of detention prescribes eight months detention on ground of preventing the subject from indulging in activities prejudicial to the security of the State. The detention as also the order is impugned on available grounds, as envisaged by Article 22 of the Constitution and provisions of Jammu and Kashmir Public Safety Act. The two grounds pressed to assail the detention as also the order of detaining authority thereto are:--First, the counsel submits the grounds have not been communicated to the detainee as spelt in para 8 of the petition. The non supply of grounds with material and documents referred in the grounds, is not specifically refuted in counter in so far as in para 8 of the counter, ...
United India Insurance Co. Ltd. Vs. Ghulam Ahmad Sanoo and ors.
Court: Jammu and Kashmir
Decided on: Mar-30-2000
Reported in: 2001ACJ1357,AIR2000J& K115
Syed Bashir-ud-Din, J.1. Motor Accident Claims Tribunal, Anantnag (the District and Sessions Judge) awarded compensation of Rs. 2,40,000/- with 6% interest less by the amount paid by way of interim relief w.e.from the date of institution of the claim on 15-3-1980 till the amount is deposited in the Court with condition that half the amount of interest awarded shall be recovered from the owner of the vehicle respondent No. 3. This award is under challenge in this appeal filed by the United India Insurance Co., the insurer.2. The facts necessary for our purposes briefly stated are that one Mohammad Yaqoob Rather, a Lecturer in Regional Engineering College, Srinagar, died due to vehicular accident on 4-11-1979 at Village BuchrooTehsil Kulgam, when he was hit by Vehicle bearing Registration mark and number JKB-225 driven rashly and negligently by respondent No. 1. The vehicle is alleged to have been under subsisting Insurance on the above date of accident and the Insurance policy is stated...
Om Parkash Vs. Administrator Jammu Municipality and anr.
Court: Jammu and Kashmir
Decided on: Mar-28-2000
Reported in: AIR2001J& K77
R.C. Gandhi, J.1. This appeal has arisen out of the judgment and order dated December 17, 1999, whereby learned Single Judge has allowed the writ petition (OWP No. 620/96) and directed the demolition of the unauthorised construction raised by the appellant in violation of the municipal laws.2. A brief resume of the facts is that respondent No. 1 (hereafter called the respondent) noticed that the appellant was taking steps to lay concrete slab on the second floor of the building situate in Raghunath Bazar. Jammu, without seeking sanction of the site plan. The respondent issued notice under Section 229 of the Municipal Act on December 14, 1993 asking the appellant to stop the unauthorised construction and demolish it within three days. Despite that the appellant continued to raise the construction. The respondent on January 3, 1994, issued notice under Section 225 of the Municipal Act, directing the appellant to stop the construction forthwith. Thereafter again, on February 28. 1994, the...
Ghulam-ud-dIn Vs. State of J and K and ors.
Court: Jammu and Kashmir
Decided on: Mar-07-2000
Reported in: (2001)ILLJ952J& K
ORDERNisar Ahmad Kakru, J.1. The petitioner, a Girdhawar Qanoongo has been transferred by the Divisional Commissioner Kashmir vide order bearing No. Div. Com Estt K 132 of 2000 dated January 20, 2000 which is impugned by the medium of this writ petition. The respondents have filed objections to the admissibility of writ petition to which, the petitioner has reacted through a CMP accompanied by an affidavit seeking permission to read it in opposition to the objections of the State. Mr. G. Ali is averse to the motion but has no objection if the petition is finally disposed of at this very stage. In this view of the matter, I admit this writ petition to hearing. Mr. G. Ali adopts the objections filed by him as counter and the affidavit sought to be filed by the petitioner is taken on record, treating it to be the rejoinder and the writ petition is taken up for final hearing.2. The transfer of a Government servant is a normal feature of service, administrative in character and an incident ...
Bashir Ahmad Bhat Vs. State of J. and K. and anr.
Court: Jammu and Kashmir
Decided on: Mar-07-2000
Reported in: 2001CriLJ1600
ORDERSyed Bashir-Ud-Din, J.1. The detenue, Bashir Ahmad Bhat, through his father has challenged his detention Under Section 8 of the J. and K. Public Safety Act, 1978 ordered by District Magistrate, Srinagar-Respondent No. 2, for a period of 12 months with a view to prevent the detenue from acting in any manner prejudicial to the security of the State vide his Order No. DMS/PSA/19 dated 10-5-99. The detention is challenged on number of grounds.2. Counter has been filed by District Magistrate Srinagar-Respondent No. 2 on behalf of Respondents and the same is available on record.3. The counsel for petitioner submits that the only ground taken to challenge the detention in question is failure of State Government to supply the material/documents referred to and forming basis of the grounds of detention. He further canvasses that this ground he has taken in para 8 of the petition specifically. He has not been also supplied the grounds in the legal sense in so far as failure to supply the ma...
Hindustan Transport Service Vs. National Insurance Co. Ltd. and ors.
Court: Jammu and Kashmir
Decided on: Mar-03-2000
Reported in: AIR2001J& K44
T.S. Doabia, J.1. M/s. Dev Raj Raj Kumar hereinafter referred to as complainant No. 1 sent a consignment of goods. This was goneby utilising the services of a transport vehicle bearing registration No; JKO-559. These goods were covered by a marine insurance policy. The value of the goods which was subject matter of the consignment is said to be Rs. 1,27,295/-. The fact that these goods were despatched through this truck was sought to be proved by placing reliance on a challan prepared in this regard. It was the further case of complainant No. 1 that it was the appellant Hindustan Transport service yard No.5, Transport Nagar Jamu which Allotted the truck in question for transporting the goods. One Vinod Kumar is said to be driver of the vehicle.2. As indicated above, the goods were got insured for a sum of Rs. 1,000,000/- (Ten Lakhs). This insurance was valid from 26-5-1995 to 26-5-1996, it is the further case of complainant No. 1 that the truck met with an accident. It fell 150 feet be...
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