Jammu and Kashmir Court August 2000 Judgments

J. and K. Bank Ltd. Vs. Abdul Samad Chiloo

Court: Jammu and Kashmir

Reported in: AIR2001J& K4

Syed Bashir-ud-Din, J. 1. The Appellant Bank, allowed respondent to open a Current Account and granted him over draft facilities at its Anantnag Branch. On his alleged failure to clear the overdraft taken by him, the Bank adjusted the outstanding amount against the deposits in respondent's Saving Bank Account in Amirakadal Branch of the Bank. Respondent filed a Civil suit for recovery of Rs. 19,451.86 which was decreed by District Judge Bank Cases, Srinagar on 30-4-1997, Against this judgment and decree, Civil 1st. Appeal 69/1997 was preferred in the High Court. This appeal was disposed of by an order dated 8-10-97 by learned single Judge as under :-- 'Nemo for petitioner. On previous date last and final opportunity was given to counsel for the petitioner to reply the queries raised by the Court in the matter. The learned counsel for the petitioner has neither reported back nor caused his appearance and even does not care to reply the queries which were raised by the Court. So this ...

Jagdish Raj and ors. Vs. State and ors.

Court: Jammu and Kashmir

Reported in: 2005(2)JKJ176

O.P. Sharma, J.1. The petitioners are part -- time Instructors engaged under adult/Non-formal education scheme the object of which according to them was to achieve hundred per cent education by the year 2000. It is admitted by them that they were engaged on a consolidated monthly wage of Rs 100/-which has been revised to Rs. 200/-. The Government it is further stated has provided 3% reservation for their absorption in the Education Department as teachers but the benefit has been denied to them. The relief claimed by them is that respondents be directed to regularize them as teachers and they be paid the wages equivalent to the teachers of the Education Department. The admitted case of the petitioners is that they have been engaged in the Adult/non-formal education projects by the District Project Officer, Kathua. They were earlier being paid Rs. 100/- per month which has been raised to Rs. 200/-. Non-formal education teachers are part-time instructors as admitted by them. They are not ...

Mohammad Shafi Sofi and anr. Vs. National Insurance Co. Ltd. and ors.

Court: Jammu and Kashmir

Reported in: AIR2001J& K35

Syed Bashir-ud-Din, J.1. This appeal is directed against the order dated 1-10-1997 of J&K; State Consumer's Protection Commission, Srinagar (hereafter for short State Commission) dismissing appellant's claim in complaint No. 324/96 on the file of State Commission.2. Appellants' case before State Commission was that their vehicle with registration mark and number JKC- 4865 was covered by insurance policy for a sum of Rs. 2.50 lacs for the period commencing Irani 22-12-1987 to 21-12-1988. During subsistence of insurance policy, the vehicle met an accident on 17-2-1988 at Barindi Brahmina, Tehsil Uri, District Baramulla. The vehicle was total loss after it fell in river Jehlum. The State Commission, after taking complaint on record issued notice to opposite party (O.P.), who filed written statement. The parties led evidence. The State Commission on hearing parties dismissed the complaint.3. We have heard the learned counsel forthe parties and examined the record. The State Commission has ...

Nazir Ahmad Lone Vs. Sher-i-kashmir Institution of Medical Sciences an ...

Court: Jammu and Kashmir

1. Petitioner, Senior Resident Cardiology Department, Sheri Kashmir Institute of Medical Sciences, Soura, Srinagar, pursuant to the Notification No. EXAM / 26 of 1999 dt. 15-10-1999 issued by the respondent No. 3, inviting applications from the desirous candidates to seek selection and admission to undergo DM Cardiology course for the session 1999, applied to seek consideration for selection and admission to the said course. Petitioner alongwith other candidates was subjected to the selection process by the respondent No. 3, and having secured 12 marks, could not be selected. The respondent No. 4 who also secured 112 marks came to be selected vide notification No. EXAMS / 03 of 2000, dated 03-02-2000.2. Aggrieved of the selection of the respondent No. 4 who has secured equal marks to that of the petitioner, has challenged the selection seeking to quash the notification dated 03-02-2000 and further seeks writ of Mandamus to select the petitioner also for undergoing DM Cardiology Course ...

Life Insurance Corporation of India Vs. Tanvir Ahmad Bhat and anr.

Court: Jammu and Kashmir

Reported in: AIR2001J& K6

Syed Bashir-ud-Din, J. 1. One Mohmmad Yousuf Bhat was insured for a sum of Rs. 15,000/- w.e.f. 22-5-1980 under policy No. 22940987 effected by appellant, Life Insurance Corporation of India (LICI). The insured died within three years of the policy. The CLICI treated it as a case of early death claim and put it on Investigation. Relying on the report of Investigating agency that the insured has concealed the material facts in respect of health while making declaration in the proposal, repudiated the claim and Informed to petitioner by letter dated 12-3-1987. The minor sons of petitioner through their uncle Gh. Mohmmad Bhat filed a consumer complaint No. 310/95 before J. & K. State Consumers Protection Commission, Srlnagar (hereafter for short Commission). The Commission, after taking written statement of the opposite party on record pursuant to the notice and on evidence and material admitted during inquiry, upheld the claim of the minors and directed the opposite party LICI to pay them...

M.M. Khajuria Vs. Abdul Rashid

Court: Jammu and Kashmir

Reported in: AIR2001J& K10

ORDERG.D. Sharma, J. 1. Revision petition No. 51 / 1997 is directed against the order dated : 30-6-1997 passed by the learned Addl. District Judge, Srinagar whereby he rejected the prayer of the petitioner for dropping the execution proceedings pending against him. This relief was claimed in the application made under Section 47 of the Code of Civil Procedure wherein plea was taken that decree was a nullity as being passed without impleading the State of J & K as a party.2. Through the medium of revision petition No. 69/97, order dated : 30-6-1997 passed by the learned Addl. District Judge. Srinagar has been challenged whereby he dismissed the application of the petitioner for the restoration of the application which was dismissed on 25-10-1994 for non-appearance. The earlier application had been made under Order 9 Rule 13 CPC for setting aside the ex parte decree passed on 29-5-1991.3. By this common order both the revision petitions shall be decided.4. The factual matrix of the case ...

Babli Koul Vs. State of Jammu and Kashmir and ors.

Court: Jammu and Kashmir

1. The petitioner is no longer in service. It is her case that she has completed seven years of service it is also startad that she is migrant. Her claim is that she had completed seven years of service, therefore , she became entitled to regularisation not only in term of SRO 64 of 1994 but also in view of the law laid down by the Supreme Court of India in several judicial pronouncements.2. The learned councel appearing for the State submits that thepetitioner had approaching this court earlier also. Writ petition No 687/91 was preferred by her. This writ petition came to be dismissed. The operative part of the order passed in the above writ petition is being reproduced below:'Learned counsel for the petitioner was directed to place on record any evidence with regard to her status as permanent daily Labourer which he has not been able to prove. Unless the petitioner proves her status as permanent Daily Labourer she is not entitled to the benefits accruing under the circular. The petit...

Abdul Qayoom Banday and ors. Vs. State of Jammu and Kashmir and ors.

Court: Jammu and Kashmir

1. Petitioners seek issuance of writ of Mandamus directing the respondents to regularise the services of the petitioners against the post of Sr. Lectures, DIET (HOD) w.e.f. 04-10-94 and 30-03-95 respectively, the date when the Petitioners were directed to work against the posts.2. The Petitioners while working as Sr. Lecturers in the Department of Education, petitioner No.1 vide Govt. order No. 430-Edu of 1994 dated 4.10.1994 and Petitioner No. 2 vide Govt. order No. 638-Edu of 95 dated 30.03.95, were adjusted as Senior Lecturers DIET, on the terms and conditions stipulated in the order extracted portion whereof reads as under :'Sanction is accorded to the adjustment of following Lecturers / Sr. Lecturer DIET in the various District Institutes of Education and Trainings for a period of six months or till the posts are filled up by the DPC /PSC whichever is earlier. The adjustment of these Sr. Lecturers shall be purely on stop gap arrangement and it shall not confer any preferential cla...

Rajinder Singh Vs. National Insurance Co. Ltd. and ors.

Court: Jammu and Kashmir

Reported in: II(2001)ACC229,2001ACJ677

O.P. Sharma, J.1. This appeal under Section 173 of the Motor Vehicles Act is directed for enhancement of the amount awarded by the Motor Accidents Claims Tribunal, Jammu, vide award dated 14.2.1998.2. The undisputed facts are that the appellant was employed as conductor with truck No. JKQ 2427 of which respondent No. 2 was the driver and respondent No. 3 the owner. The vehicle, it is admitted was insured with respondent No. 1. On 24.6.95 the vehicle, according to the appellant, was proceeding from Pathankot side, it met with an accident near Hiranagar on national highway because of the negligence of the driver. As a result of the accident, left leg of the petitioner was crushed. Despite treatment, the left leg of the petitioner could not be saved and had to be amputated. The petitioner claimed Rs. 2,00,000 as compensation on the ground that he was only 19 years old and the disability was 100 per cent because he would not be able to work either as a conductor or a driver. The Tribunal a...