Jammu and Kashmir Court February 2001 Judgments

Gh. Qadir Raina Vs. State and ors.

Court: Jammu and Kashmir

Reported in: 2001CriLJ4105

ORDERSyed Bashir-Ud-Din, J.1. Ghulam Qadir Raina has been detained by District Magistrate, Anantnag (respondent No. 2) under his Order No. F-125/DMA/PSA/Det/99/2015-21 dated 30-11-1999 under Section 8 of J & K Public Safety Act, 1978 on the ground of preventing him from acting in any manner prejudicial to the security of the State. The detention is for a period of two years. The detention has been approved by the Government under provisions of J & K Public Safety Act. This detention and the order thereto is under challenge in this petition.2. Detenu Gh. Qadir Raina is alleged to be a political activist belonging to a party opposing the ruling party of the State. He is detained in order to settle scores with him for his act of having canvassed and worked for a candidate who contested against a candidate of the ruling party. The detenu was picked up during night from his home and kept in JIC, Khanabal, Anantnag and later moved to Police Station Kokernag before he was lodged in Central Ja...

Distt. Manager, Telecom Vs. M.L. Raina

Court: Jammu and Kashmir

Reported in: AIR2002J& K33

ORDERTejinder Singh Doabia, J.1. The above two writ petitions dealing with the same subject-matter are disposed of vide this common judgment.2. A complaint was filed by the complainant-respondent before the Divisional Forum with regard to Telephone No. 30436. It was stated that the bill for Rs. 30,613 is on the higher side. The fact that the petitioner department had allowed a rebate of Rs. 28,600/- and called upon the respondent to deposit the remaining amount was challenged before the Divisional Forum. It was stated that the telephone has no STD facility, and therefore, the question of such a high bill being issued was not justified. The above was the issue in complaint No. 2409, filed before the Divisional Forum. In the second complaint bearing No. 2410, the complaint was with regard to a bill amounting to Rs. 21,650/- for the same telephone. in addition to the prayer that the amount be reduced, a further prayer was made that the complainant be paid compensation. The complaints were...

Manzoor HussaIn and ors. Vs. Om Parkash and ors.

Court: Jammu and Kashmir

Reported in: AIR2002J& K3

A.M. Mir, J.1. This second civil appealis directed against a judgment and decreepassed by District Judge, Udhampur on 17-5-1995. The impugned judgment and decreehas reversed the judgment and decree ofMunsiff (District MobileMagistrate) Udhampur passed on 22-11-1989.2. The facts in brief are that the predecessor -in-interest of the appellant filed a suit for permanent injunction for restraining the predecessor-in-interest of respondent (Krishan Dass) from interfering into 8 feet wide common lane existing between the houses of the parties and from raising any construction on this lane, so as to deprive them of their right to light, air and passage of water. Similarly a relief was prayed against the defendant restraining him from dumping his 'Malba' in the lane. Suit was filed on 16-11-1979. In the written statement the defendant denied existence of any lane. The factum of existence of any pipeline through that lane was also denied. The trial Court on the pleadings of the parties framed f...

Ahad Dar Vs. Maqbool Dar and ors.

Court: Jammu and Kashmir

Reported in: 2003(2)JKJ590

O.P. Sharma, J. 1. The inherent jurisdiction of this Court is sought to be invoked for quashing the order dated 21.9.2000 passed by Tehsildar, Executive Magistrate Anantnag (Annexure 'D'), 2. Order dated 29.4.2000 passed by the Session Judge Anantnag (Annexure 'E'), 3. Order dated 11th July, 2000 passed by Session Judge Anantnag (Annexure 'G'), 4. Order dated 5.8.2000 passed by the District Magistrate Anantnag, (Annexure 'H') and recalling of the order dated 29.5.2000 passed by this Court in Cr. Ref. No. 04/2000 inter alia on the ground that this amounts to abuse of the process of court. 2. The facts of the case relevant for appreciating the controversy are that petitioner Ahad Dar has instituted a suit for declaration that adoption deed dated 28.7.1984 executed by father of petitioner in favour of respondent No. 2 was nullity. This suit is pending disposal in the Court of Munsiff, Judicial Magistrate Anantnag. While rejecting the application for interim relief prayed by the plaintiff,...

Ashiq HussaIn Faktoo Vs. Union of India (Uoi) and ors.

Court: Jammu and Kashmir

Reported in: 2003(2)JKJ774

O.P. Sharma, J. 1. The dark clouds of terrorism have been haunting the valley since 1989. The first victim of terrorists' violence was Tikka Lal Taploo, a practising lawyer who was shot dead near his house in September 1989. The militants again struck soon thereafter when Late Shri Neel Kanth Ganjoo a retired member of Higher Judicial Service having lucrative practice at the bar was shot dead in broad day light. As if this was not a sufficient warning, the militants shot dead Shri Prem Nath Bhat, a leading Advocate of Anantnag in December 1989. The Newspaper reports of the time indicated that while Shri Taploo was killed for his political idealogy as he was a leading Member of Bhartiya Janta Party, Shri Ganjoo had to die for being the trial Judge who convicted Maqbool Bhat and Shri Prem Nath Bhat for writing against Fundamentalism. However, what followed thereafter proved that it was not the end but only beginning of the terrorism which later engulfed the entire valley as a consequence...

State of J. and K. Vs. Abdul Majid Bhat and ors.

Court: Jammu and Kashmir

Reported in: 2002CriLJ442

O.P. Sharma, J.1. This Criminal Revision is directed against the order dated 29-8-2000 passed by the Session Judge, Budgam in case State v. Abdul Majid Bhat and Ors. arising out of FIR No. 36/2000 registered in P/s Beerwa under Sections, 302, 307, 325 and 148, R.P.C. After investigation the police charged non-petitioners respondents for having committed murder of one Gulam Rasool with the aid of Section 149, R.P.C. Occurrence allegedly took place after the Tehsildar, Beerwa who had come there to settle the dispute regarding possession of Kahcharai land had left. It appears there were two groups one asking the other to surrender the possession of Kahcharai land where school building was to be constructed. Further it appears that Tehsildar, Beerwah failed to bring about a settlement and after he left, the accused allegedly threatened the prosecution party to take forcibly possession which was resisted. It is in the course of this attempt on the part of the accused party to take forcible ...

National Insurance Co. Ltd. Vs. Zaina and ors.

Court: Jammu and Kashmir

Reported in: 2001ACJ1614

Syed Bashir-Ud-Din, J.1. By this common judgment all three appeals-120 of 1998 titled National Insurance Co. Ltd. v. Zaina 121 of 1998 titled National Insurance Co. Ltd. v. Zaina, 147 of 1998 titled National Insurance Co. v. Prem Piaree- are taken for disposal insofar as common questions of fact and law arise in all three appeals. The appeals are against awards of the Motor Accidents Claims Tribunal, Srinagar, dated 30.6.1998, 6.7.1998 and 24.8.98 respectively, passed in claims arising out of vehicular accident on 13.12.90 at Kargil-Srinagar Road, at Captain Mod (bend) at Zogila Pass. All ten occupants of the vehicle including the driver died in the accident. The vehicle and the occupants fell in deep ravine (nalla). Neither the vehicle nor the bodies could be retrieved.2. In C.F.A. No. 120 of 1998 vide impugned award dated 30.6.98, claimants-respondents in Claim Petition No. 12 of 1991, have been awarded compensation of Rs. 1,68,000 with 6 per cent interest from institution of the cla...

Pawan Kumar Vs. Narinder Kumar Jain

Court: Jammu and Kashmir

Reported in: AIR2002J& K29

N.A. Kakru, J.1. This appeal stems from the suit filed on the original side of this Court by the respondents 1 to 3 against one Shadilal and others, seeking partition of the property which forms subject-matter of the suit. During pendency of the suit, Shadilal defendant died (deceased-defendant hereinafter), leaving behind a widow namely Mrs. Sarla Jain, besides, two sons, namely, M/S Anand Jain and Ashok Jain. Being legal heirs of the deceased defendant, they sought their impleadment in the array of defendants through the CMP bearing No.288/90. The CMP was allowed. All the three applicants came to be impleaded as defendants by order of the learned Single Judge dated 07.04.1994.This order is called in question through this appeal under clause 12 of the Letters Patent. For facility of reference, clause 12 is extracted below:'12. And we do further ordain that an appeal shall lie to the said High Court of Judicature from the judgment (not being a judgment passed in the exercise of appella...

Abdul Rehman Bahroo and ors. Vs. State of Jammu and Kashmir and ors.

Court: Jammu and Kashmir

ORDER NO. 46-FCJ OF 1998Dated 25/05/1998. In the interest of smooth running of Government work Shri Zakir Hussain Shah S/o...Jee Shah R/o Suied Dachhan is hereby temporarily appointed as weighman-cum-chowkidar against the available vacancy in the pay scale of Rs. 2550-3200 on stop gap arrangement for eighty nine (89) days in the first instance. Sd/- Director Food and Supplies, Jammu.' 4. The grievance of the appellants was that if the posts were to be filled on regular basis then they should have been given preference and in any case they being in the department for more than seven years were within their rights to get their claims considered. In the writ petition preferred by Jamal Din, allegations made are similar. In nut-shell what was pleaded by Abdul Rehman and others was pleaded by Jamal Din and others.5. The State filed its objections in Jamal Din's case. It was pleaded that a writ of mandamus cannot be issued to regularise the service of the appellants. The fact that the appell...

Hissam-din-qureshi Vs. State of Jammu and Kashmir and ors.

Court: Jammu and Kashmir

1. Sardul Singh, Lecturer Sociology, DIET, Basohli has been ordered to be transfered and posted in DIET, Jammu Vice petitioner. Latter has been ordered to report to director, School Education, Jammu for further orders of posting immediately. This is Govt. order No 1302-Edu of 2000 dated 11.12.200, copy annexure 'D' to the writ petition. This order was partially modified vide government order No.1317-Edu of 2000 dated 14.12.2000 which directs the petitioner to report to the Chief Education Officer, Poonch who has been ordered to adjust him (petitioner) against the available post of teacher in the District. In these circumstances, present writ petition has been filed for the grant of following reliefs :' i) a writ of certiorari quashing and setting aside the order impugned dated 14.12.2000, (annexure 'E'). ii) Issue a writ of mandamus directing and commanding the respondents that while giving the effect to Cabinet Decision No.165/15 dated 21.10.1998 the petitioner be regularised as lectu...