Jammu and Kashmir Court November 2002 Judgments
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Union of India (Uoi) Vs. Sarla Koul
Court: Jammu and Kashmir
Decided on: Nov-30-2002
Reported in: 2003(1)JKJ129
B.C. Patel, Chief Justice 1. After hearing both sides namely the appellant and the respondent, Division Bench by an order dated 14-02-2002 stayed the operation of the Judgement. Once the interim orders were passed after hearing both the sides except in the change of the circumstances there is no reason to entertain an application for modifying the order. The party claiming that it is likely to face difficulties, it was open to make request to the court for early hearing of the matter. Learned Judges were aware about the situation and therefore while passing the order observed that even matter will be taken earlier if request is made jointly by the learned counsel for the parties. It is not the case of the applicant that both the sides requested jointly to the Division Bench and the matter could not be taken up for hearing.2. Because of the nature of the order learned counsel for the applicant has submitted before us thatthe applicant has a right to file an application as there is viola...
New India Insurance Co. Vs. Shabnam Bano and ors.
Court: Jammu and Kashmir
Decided on: Nov-27-2002
Reported in: 2003(1)JKJ132
T.S. Doabia, J.1. The deceased in this case was a teacher. He died on 19-03-1996 in an accident while he was travelling in a Motor Vehicle bearing registration No. 4851 JKS. The fact that some compensation is required to be given to the claimants is not being disputed. All that is being said is that the award passed by the Motor Accident Claims Tribunal Bhaderwah is excessive and is not being on facts. Tribunal assessed the income of the deceased at Rs 8000/- PM. Tribunal took note of the fact that the income of the deceased would have gone up as the deceased would have earned promotion. It was in this manner his income was assessed at Rs 10000/-. It is action on this basis compensation has been allowed. 2. Learned counsel appearing for the appellant company submits that there was nothing on the record to indicate that there would have been enhancement in the salary and therefore, judgement which is based on the conjuncture cannot be sustained.3. The deceased was a teacher. He is gover...
S.L. Sailova Vs. Pritam Dass and ors.
Court: Jammu and Kashmir
Decided on: Nov-27-2002
Reported in: 2003(1)JKJ12
1. The appellant, the then chairman, Jammu and Kashmir State Subordinate Service Recruitment Board has filed this appeal against the order made by the Learned Single Judge in COA (w) No. 16-A/1996, decided on 02-11-1998, whereby respondents 3 & 4 were held liable to be punished under the provisions contained in the contempt of the Courts Act and were fined Rs 1000/- each (in default of payment of fine, fifteen days civil prison).2. At the time of hearing, we were taken through the Judgment dated 25-10-1993, delivered by the Learned Single Judge in OWP No. 78/1989 and OWP No. 1141/1989. The said Judgment was challenged by preferring Letters patent Appeal and therefore we were taken through the Judgment of Division Bench delivered in LPA (sw) No. 348/1993, decided on 20-12-1994.3. According to the original petitioners who are respondents herein, fresh consideration on preferential basis was the criteria on which they were required to be appointed as teachers under the Border Development ...
State of J and K and ors. Vs. Smt. Gangi Magharani and ors.
Court: Jammu and Kashmir
Decided on: Nov-27-2002
Reported in: 2003(1)JKJ16
T.S. Doabia, J.1. Smt. Gangi Magharani and Ors. Invoke the Jurisdiction of this court under the Article 226 of the Constitution. Writ petition bearing No. 716/1994 was filed. The plea taken by her was that her husband Santa Lal Thapa was serving in the Indian Army as a Cook. It was stated that he died as an electric poll fell upon him. First Information Report was lodged. In the writ petition compensation was sought. The writ petition OWP 716/94 was disposed of with a direction that the State would pay a sum of Rs. 50000/ - to the aforementioned heirs of the deceased Santa Lal Thapa. This was ordered by invoking of the concept of no fault liability. As disputed question of facts were involved , therefore with regard to the deterinitiation of further amount, a direction was given that the Civil Court would try the issue and determine the question of facts and also the amount of compensation. The relevant observations made when the writ petition was decided on 7th of Dec. 1998 are to the...
Seema Malik and ors. Vs. Union of India (Uoi)
Court: Jammu and Kashmir
Decided on: Nov-27-2002
Reported in: 2005ACJ1389,2003(2)JKJ113
Tejinder Singh Doabia, J.1. Ashok Kumar Malik, a Science Graduate from D.A.V. College, Amritsar, Guru Nanak Dev University and who had also obtained a Diploma in Textile Chemistry from Punjab State Board of Technical Education in Ist Division, met with an accident on 4.6.1985. He died. He left behind his widow and an infant child and parents, who had crossed the age of fifty. The deceased was going on a motor -cycle bearing registration No. JKR 259, when he was near Tawi Bridge he was hit by an Army Truck No. 75-D 19212/W. The death appeared to be instant. When the claim petition was preferred the plea taken was that the offending vehicle was being driven rashly and negligently. Compensation was accordingly claimed. With a view to sustain the claim regarding the compensation, it was pleaded that the aforermentioned Science Graduate with a Diploma in Textile Chemistry was carrying on his business of cloth merchant. This was from a shop located in Jammu. His income was put across at Rs. ...
Mohan Lal Vs. Janki Devi
Court: Jammu and Kashmir
Decided on: Nov-21-2002
Reported in: 2003(1)JKJ82
T.S. Doabia J.1. Janki Devi filed a petition under Section 488 of the Code of the Criminal Procedure. She was claiming maintenance from Mohan Lal present petitioner. This application was allowed by the trial court. A sum of Rs. 500/- has been fixed as the maintenance amount. The matter was taken in Revision before Additional Sessions Judge, Kishtwar. Revision petition stands dismissed. Further Revision petition has been filed in this court.2. The main argument put across by the learned counsel appearing for the petitioner is that there subsisted no relationship of husband and wife. It is submitted that the petitioner did go to the house of the respondent, but marriage ceremony was not performed. This was because some quarrel took place and on account of this marriage ceremony could not take place. For this , reliance is being placed on the statement of one Vidya Lal. He is the Purohit (Pandit), who was supposed to prefer the ceremony. It is this witness, who stated that as quarrel took...
Dr. Piarey Lal Kandru Vs. State and ors.
Court: Jammu and Kashmir
Decided on: Nov-16-2002
Reported in: 2003(2)JKJ527
R.C. Gandhi, J. 1. Petitioner by means of this petition seeks issuance of writ of mandamus directing the respondents to release the salary from October 2000 to February 2001, medical claims and T.A. Bill which have been paid by the respondents. 2. It is submitted at the bar by the learned counsel for the petitioner that the petitioner while working as Assistant District Medical Officer, Budgam under forced circumstances and with the permission of respondents joined in the Directorate at Jammu in October 2000, where he remained attached till February 2001 and superannuated from service in July 2001. The petitioner was entitled to the salary for the period October 2000 to February 2001 which has been withheld by the respondents without assigning any reason. Similarly medical claims of petitioner, though presented to the treasury, have not been encashed for payment to the petitioner and so is the fate of TA Bill. 3. The respondents have filed the counter affidavit stating therein that the...
Balwan Singh and ors. Vs. Union of India (Uoi) and ors.
Court: Jammu and Kashmir
Decided on: Nov-13-2002
Reported in: 2003(1)JKJ108
T.S. Doabia, J. 1. The Union of India through one of its department wants to carry on commercial activity in an area which is predominantly residential. If the Union of India is unable to move to a commercial area what would fate of an ordinary citizen. The Union of India should have avoided of its own such a course. Having not done so, the petitioners have approached this court through the medium of present writ petition, who are the residents of Gandhi Nagar, Jammu. The petitioners have objected to the decision taken by the respondents Union of India in taking a premises owned by the respondent No. 10 for an activity which as per the petitioners is commercial in nature. The purpose is to set up an office and utilize the premises for providing Tele-Communication department. This department is engaged for providing telephone connections and laying down telephone wires. According to the petitioners, the area is predominantly residential and therefore, the user of this premises for an ac...
Lal Singh Vs. State and ors.
Court: Jammu and Kashmir
Decided on: Nov-12-2002
Reported in: 2003(1)JKJ127
T.S. Doabia, J.1. Challenge in this petition is being made to an order passed by the Appellate Authority constituted in terms of Section 43 of the Panchayati Raj Act, 1989. Election of returned candidate namely Sher AH was challenged interalia on the ground that five votes of dead persons were permitted to be cast by way of impressonation. It was also pleaded that votes of some of the voters who were not present at the time of polling were also casted. It was further submitted that 76 voters were not allowed to cast their votes as their names were not on the voter list. It was thus submitted that this had material by affected the result of the election. The major thrust of the argument was that as the name of the 76 persons was wrongly not shown in the voter list and as they could not cast their votes, this as indicated above, materially affected the result of the election.2. The appellate authority however, taking note of all the facts and the circumstances of the case, did not find f...
Shiv Nath Gupta and ors. Vs. Asstt. Settlement Officer and ors.
Court: Jammu and Kashmir
Decided on: Nov-12-2002
Reported in: 2003(1)JKJ430
T.S. Doabia, J.1. Notwithstanding the fact that the parties to this litigation had entered into a compromise and a compromise degree was passed on 16.5.1987 by the trial court, they continued to litigate for another fifteen years.2. The other limb of the controversy was subject matter of challenge in OWP No. 708/2001. This was decided on 31-12-2001, The decree between the parties which has been adverted to, stands referred to in the judgment given in the writ petition. It was observed that the entries made in the revenue record, are not contrary to the de -cree in question. The parties were, however, left free to challenge the order dated 29.8.2001. Against this judgment, a letters patent Appeal was filed. This is LPA (O) No. 58/ 2002. This was dismissed on11.3.2002. 'The litigative persistence shows by the appellants before the letters patent Bench was commented upon. After this, a direction has been driven by the J&K; Special Tribunal. The Special Tribunal found no justification to i...
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