Jammu and Kashmir Court September 2000 Judgments

Abdul Rashid Sogami Vs. State of Jammu and Kashmir and ors.

Court: Jammu and Kashmir

1. Petitioner, Range Officer of the Forest Department is due to superannuate on 30th September, 2000. He seeks correction of his recorded date of birth 17-8-1942 to 17-9-1947 on the ground that his date of birth is17th Magh 2009 B.K.2. The petitioner has entered the service of the respondent about three decades ago. On commencement of the service, his Service Book was prepared entering his date of birth 17-8-1942 on the basis of the certificate submitted by the petitioner. He remained silent through out and made grievance of change of the recorded date of birth, by presenting anapplication in the month of November 1999 to the DFO, Pirpanchal Division, Budgam. It was referred by the DFO to the Deputy Commissioner Budgam, who further referred to the Tehsildar Chadoora, for verification. DFO Pirpanchal Division vide his order dated 6-3-2000 submitted the case of the petitioner intimating that the recorded date of birth of petitioner is 17-9-1942 and he is due to superannuate in the month ...

Bansi Lal Gupta Vs. J. and K. State Financial Corpn. and anr.

Court: Jammu and Kashmir

Reported in: AIR2001J& K54

ORDERArun Kumar Goel, J.1. Admitted facts of this case are that from respondent No. 1-Corporation, Smt. Sumitri Devi widow of Late Shri Amar Nath Gupta availed loan to the extent of Rs. 3,84,130/- as far back as in the year 1990. This was for establishing a printing press which he did in the name and style of M/s. Amar Printers. This loan was repayable in instalments as per loan documents together with agreed interest and other moneys as agreed to between the parties.2. Admittedly after raising of the loan, repayment schedule for the same was not adhered to and since 1990 respondent is in arrears of entire amount that was availed out of the total sanctioned loan of Rs. 4. 67lacs. It is more than 10 1/2 years ago i.e. on 1-3-90 when the loan was availed by the loanee which was duly guaranteed by the petitioner.2A. Another salient feature of this case is that deceased loanee was the mother of petitioner. Thus he has two characters, one as a guarantor and the other as a legal representati...

Seema Kumari Vs. State of Jammu and Kashmir and ors.

Court: Jammu and Kashmir

1. The petitioner applied for the post of Sub-Inspector in Jammu and Kashmir Armed Police in the year 1998. She alleges that after qualifying the physical and out-door testes conducted by the board constituted for the selection, she also appeared in the written test and as also in the viva-voca. Though she faired well, she was not taken and her name is not figuring in the selection list published in the daily newspaper. She challenges the recruitment on number of grounds pleaded thereto.2. Official respondents as also the other two private respondents have filed reply. Official respondent on affidavit of Inspector General of Police, Headquarters Jammu and Kashmir, have averred in reply that the petitioner secured 31 marks in written test and got 4 marks in viva-voca. In all she obtained 35 marks. The last candidate, who made a selection grade to the post of Sub-Inspector in the selection, secured in aggregate 51 marks in written as well as in viva-voca. The petitioner having fallen far...

Vinay Kumar Rao Vs. Union of India and ors.

Court: Jammu and Kashmir

1. It is not in dispute that the petitioner came to be appointed as Trained graduate Teacher (S.St). An order to this effect was issued on 19-09-1997.this has been placed on the record as annexure E. This order makes mention of the fact that the petitioner would be on probation for a period of two years. This period of probation could be extended and upon successful completion of probation, the petitioner was to be confirmed. This was however, subject to the availability of a permanent vacancy. The letter of appointment further provided that during the period of probation, the services of the petitioner could be brought to an end by giving one month's notice. These conditions are incorporated in paras 4 and 5 of the order of appointment. The further fact is that the period of probation of the petitioner was to expire on 19-09-1999. This was extended up to 19-09-2000. The requisite averments are contained in paragraph 7 of the petition. What has led the petitioner to approach this court...

idol Bhagwati Mata Ashapurni Vs. Kanshi Ram

Court: Jammu and Kashmir

1. This Civil 1st Appeal arises out of a judgment and decree passed by the District Judge, Kathua on 31-10-1996. Under the impugned judgment / decree, appellant's suit for recovery of Rs.1,87,143.20p (with interest) instituted against respondent No.1 was dismissed. The suit amount was received by respondent No.1 as compensation of land acquired by respondents 2 & 3. The appellant-plaintiffs through the civil suit claimed that they were entitled to whole of the compensation. Trial Court framed the following two preliminary issues : -1- Whether present suit is not maintainable in view of the provisions of the Land Acquisition Act OPD 2- Whether permission is required in terms of S.92 of C.P.C. for filing the suit and for want of the same, the suit is not maintainable OPD 2. Trial Court tried to decide these two preliminary issues. However, the defendant did not press issue No.2 and it was only with respect to issue No.1 that a finding has been recorded. Trial court held that the civil s...

Hotel Corporation of India Vs. State of Jammu and Kashmir and ors.

Court: Jammu and Kashmir

Reported in: AIR2001J& K36

B.P. Saraf, C.J. 1. By these three writ petitions, the petitioners, Hotel Corporation of India Limited, seek to challenge the assessments made under the Jammu and Kashmir Urban Immovable Property Act,1962 (Act XXII of 1962) ( hereinafter referred to as 'the Act'), in respect of Hotel Centaur by the Respondent-3, Assessing Authority, Urban Immovable Property Tax, Srinagar. The assessments have been challenged on various grounds. One of the main grounds of challenge is that Hotel Corporation of India being a Government of India undertaking, no tax can be levied on its properties in view of the prohibition contained in Article 285 of the Constitution of India and section 4(1) of the Act. The annual value ascertained by the Assessing Authority and the method of ascertaining the same are also subject-matter of challenge. All the three writ petitions were admitted and recovery of the tax levied by the Assessing Authority stayed by this court by different orders passed from time to time. Thes...

Makhan Singh Vs. Jan and anr.

Court: Jammu and Kashmir

1. The plaintiff-appellant filed a suit in which a decree of mandatory injunction seeking a direction to compel the defendants-respondents to dismantle the wall raised by him on the lintel of their house and also to dismantle the lintel projecting towards the Municipal lane was filed. A mandatory injunction was also sought calling upon the defendants to clear the debris from the Municipal lane and also the drain so that there is free flow of water.2. It was pleaded in the suit that the plaintiff is the exclusive owner of one kanal five marlas of land in survey No.1556 and 1563 within the Municipal limits of Poonch. It was pleaded that a plot situate in between two lanes forms the site of defendant's house which he had purchased from one Shanti Saroop. It was pleaded that the defendants renovated the house and replaced its Kacha roof by a concrete lintel. This lintel has been projected towards the plaintiff's land on Northern side of his house by 6 inches and four feet high wall has bee...

Hotel President, Srinagar Vs. State of Jammu and Kashmir and ors.

Court: Jammu and Kashmir

B.P. Saraf, C.J.1. As the issues involved in all these writ petitions are common, they are clubbed and taken up together for final hearing and disposal.2. By these writ petitions, the petitioners seek to challenge various demand notices issued by the Assessing Authority, Hotels Tariff Taxation, Srinagar under the Jammu and Kashmir Hotel (Amenities and Services) Tariff Taxation Act, 1980 (hereinafter referred to as '1980 Act' or ' repealed Act') and in some cases, also the recovery proceedings initiated pursuant thereto. One of the main grounds of challenge is that on the repeal of the 1980 Act by The Jammu and Kashmir Hotel (Amenities and Services) Tariff Taxation (Repeal) Act, 1983 (Act XV of 1983) (hereinafter referred to as ' the repealing Act') and there being no saving clause in the repealing Act, all pending proceedings under the repealed Act automatically came to an end and no further action can be taken against the petitioners on the basis of such proceedings. The petitioners a...

Ghulam Hassan Bhat Vs. State of Jammu and Kashmir and ors.

Court: Jammu and Kashmir

1. By virtue of SWP No. 1317/1993, petitioner seeks a direction to the respondents to allow him to continue against class IV post in Govt. High School Purnewa, Budgam and not to disturb the petitioner from his place of posting. He further seeks release of his and to regularise his services.2. In SWP No. 50 / 1999, petitioner seeks that his services be regularised and the treatment be extended to him which has been extended to Abdul Hamid Raina and Ab. Hamid Parray by regularising their services under order No. CEO /SWP / 148 / 4325-29 dated 16-11-96 who were similarly situated with him. The petitioner came to be appointed against class IV vacancy in the Education Department for a period of 60 days by the Deputy Commissioner, Budgam vide his order dated 13-5-1993. Pursuant thereto, the petitioner was adjusted by the District Education Officer, Budgam vide his order dated 26-5-1993 in High School Parnew. Petitioner has been permitted to continue by interim direction dated 19-7-1993 in wr...

Guru Nanak Rice Mills, Arnia and ors. Vs. Punjab National Bank and ors ...

Court: Jammu and Kashmir

Reported in: AIR2001J& K56

ORDERO.P. Sharma, J.1. This is defendants appeal under Section 96 of the Code of Civil Procedure. The appeal is against the judgment and decree dated 28-11-1991 passed by the District Judge (Bank cases) Jammu whereby suit for recovery of Rs. 2.26,922.97 has been decreed. The plaintiff sought recovery of the amount which was advanced to M/s. Guru Nanak Rice Mill, Arnia, a partnership firm of which appellants and respondents No. 2 to 8 were partners. As the amount of loan was not paid the Punjab National Bank respondent herein filed the suit which has been decreed.2. While the appellants pleaded limitation as bar to the suit the respondents No. 2 to 8 denied their liability on the ground that partnership stood dissolved with effect from 21-8-1980 and therefore, they were not liable.On the pleadings of the parties the following issues were framed :--'1. Whether the plaintiff is entitled to recover an amount of Rs. 2,26,922.97 with interest @ 12% p.a. with quarterly rests till realisation ...