Jammu and Kashmir Court March 2002 Judgments
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State Vs. Mohd Rashid
Court: Jammu and Kashmir
Decided on: Mar-27-2002
Reported in: 2003(1)JKJ589
B.L. Bhat, J. 1. This reference is made by the Sessions Judge, poonch whereby he has recommended to this court for setting aside the orders recorded by the learned trial Magistrate for closing of evidence of the prosecution and also dis-al-lowing the application under Section 540 Cr. P.C. This reference order stem out of those circumstances which is summarised as:- 2. That on 29.12.1998 one Abdul Samad Dhar, Forest Guard came to submit a report to the DFO, office, Poonch alleging therein, that at 2.p.m on 29.12.1998 he alongwith Mohd Rashid while taking round of Forest Compartment No 230-H heard sound of cutting of trees. On reaching the place wherefrom the said sound was coming he inquired from the accused about the damage of the Forest but they assulted him and inflicted injuries on his person with Lathies. The DHO vide endorsement dated 29.12.2000 came to forward this report to SHO, Haveli Police Station, consequently a case under FIR No: 156/98 came to be registered for offences pu...
Chhetu Vs. State of Jandk
Court: Jammu and Kashmir
Decided on: Mar-27-2002
Reported in: 2003(2)JKJ530
S.K. Gupta, J. 1. I have heard Mrs. Sindhu Sharma, Advocate for the petitioners as well as Mr. Sanjay Kakkar, Government Advocate, for the State, in extenso. 2. Through the currency of this Revision, petitioners, Chhetu and Mahantoo, seek the reversal of the orders dated 20.11.2001, 12.12.2001 and 19.1.2002, and quashment of the charge framed against them for offence under Sections 302/34, RPC in case FIR No. 122/1993 entitled State v. Chandu and Ors. 3. Facts relevant from the disposal of this Revision in resuming may be noticed. On a report lodged by Bachetru, Sheebu and Lal Chand on 18.9.1989 to the effect that they had seen the dead bodies of Kamloo and Kaki in a pool of blood with injuries allegedly caused by sharp edged weapon, led to the registration of a case under Sections 302/34, RPC, Police swung into action. On conclusion of the investigation, challan came to be presented before Chief Judicial Magistrate, Udhampur on 18.12.1993 against Chand Ram and others under Section 302...
Abdul Majeed Khan Vs. State of Jammu and Kashmir and anr.
Court: Jammu and Kashmir
Decided on: Mar-22-2002
Reported in: 2002CriLJ3526
ORDERB.L. Bhat, J.1. Through the medium of this petition under Section 561A, Cr.P.C. the petitioner, namely, Abdul Majeed Khan, has sought indulgence of this Court for quashing of proceedings in case titled as State v. Abdul Majeed Khan, for offences under Sections 420, 467 and 468, RPC and 5(2) Prevention of Corruption Act, 2006, pending decision before the learned Special Judge Anti-corruption, Srinagar (Kashmir).2. It is inter-alia maintained in the petition that the petitioner was serving as clerk in the Ancilliary Medical Training School, Srinagar in the year 1981 where from he has since retired on superannuation. That the said Ancilliary School is under the control of State Medical Faculty, headed by Director Health Services, who is its ex-officio President. The faculty is run with a view to impart training and conduct examinations of various Ancilliary Medical Branches such as Nurses, Ancilliary Nurses, Mid Wives, Dental Technitians, Medical Assistants etc. That the candidates a...
Gurdev Singh Vs. Daljit Kour
Court: Jammu and Kashmir
Decided on: Mar-22-2002
Reported in: 2003(2)JKJ518
S.K. Gupta, J.1. By means of this reference learned Addl. Sessions Judge Jammu had made recommendation for quashing the order formulated by trial Magistrate on 21.9.2000 awarding Rs. 500 to the petitioner as interim maintenance.2. Facts relevant for the disposal of this reference in resume are detailed hereunder:--'An application came to be initiated by Smt. Daljit Kour for the grant of maintenance allowance under Section 488, Cr.P.C in claiming that her marriage with non-applicant was solemnized according to Sikh rites and customs at Golgujral, Jammu on 18.10.97, Soon after marriage non-applicant and his mother started taunting and causing harassment to the applicant for having brought less dowry and even used to chastise her physically on paltry matters and penulti-mately turned her out of the matrimonial house after 2 months of the marriage. Applicant however made an other attempt to return to the matrimonial house after Staying with her parents for a space of 6 months but was exten...
Gulam Rasool Digoo Vs. State of Jandk and ors.
Court: Jammu and Kashmir
Decided on: Mar-20-2002
Reported in: 2003(1)JKJ780
Muzaffar Jan, J. 1. This writ petition has been submitted praying to quash the order No. 1391 of 1991 dated 13.9.1991 with further prayer that the respondents be directed not to change the seniority position of the petitioner pursuant to the order dated 13.9.1991. 2. It appears that the petitioner was initially appointed as Constable in the year 1967 in the Police Department. The petitioner was promoted as Head Constable in the year 1973 and thereafter he was promoted as Assistant Sub-Inspector in the year 1984. His promotion to the rank of ASI was issued vide PHQ order No. 1472 of 1986 dated 01.12.1986 with retrospective effect from 11.09.1980. The respondents meanwhile, realised that some mistake has been committed in giving retrospective effect to the seniority of the petitioner and as such issued order No. 1391 of 1991 dated 13-09-1991 whereunder the retrospective and the order No. 1472 of 1986 was cancelled. The petitioner prays for intervention to quash this order of withdrawl da...
Durga Nath Kotha Vs. Director Accounts Officers
Court: Jammu and Kashmir
Decided on: Mar-20-2002
Reported in: 2003(2)JKJ515
S.K. Gupta, J.1. We have heard Mr. P.N. Goja, learned counsel, for the appellant as well as Mrs. Anita Tikku, learned counsel for the respondents in extenso.2. This appeal has been directed against the Judgment and order dated 1.3.2001 passed by learned Single Judge in OWP No. 201/2000 allowing the writ-petition.3. Few facts relevant for the disposal of this appeal may be noticed. The appellant was a state employee holding the Post of Assistant Executive (mechanical) till he reached the age of retirement. Being a member of the state services, appellant contributed regularly towards the provident fund under the Provisions of J&K; State Funds Act, 1998 and the Rules framed thereunder. The above said contributions/subscriptions made by the employee during the course of his employment become payable on his superannuation in accordance with the rules relating to General Provident Fund. Upon attaining the age of superannuation on 31.7.95, the appellant, being an employee of the Government of...
Mohinder Singh Malik and anr. Vs. Union of India (Uoi) and anr.
Court: Jammu and Kashmir
Decided on: Mar-20-2002
Reported in: 2003(3)JKJ73
S.K. Gupta, J.1. We have heard Mr. R.S. Thakur, learned counsel for the appellant and Mr. S.S. Nanda, Advocate for the respondent in extenso.2. This appeal has been preferred against the judgment and order dated 28.9.2001 passed by the learned Single Judge in SWP No. 2174/2001, dismissing the writ petition.3. Setting in the facts of the case in resume are that appellant/writ-petitioner joined as Deputy Superintendent of Police, later designated as Assistant Commandant in the Border Security Force, pursuant to his selection on the basis of a Combined test held of the said post in various Organisations of Armed Forces including Central Industrial Security Force. Appellant at the relevant time was holding the post of Commandant. It was for the first time in 1978 by a Notification issued by the Ministry of Home Ministry of Home affairs, G.S.R. 1462 dated 9.12.1978, Border Security Force (Seniority, Promotion and Superannuation Officers) Rules, 1978 were promulgated. Since point in issue be...
Ravinder Kumar Vs. Election Commissioner of India and ors.
Court: Jammu and Kashmir
Decided on: Mar-19-2002
Reported in: AIR2003J& K39
ORDERS.K. Gupta, J.1. This application has been preferred by respondent-applicant seeking indulgence of the Court in invoking the provisions of Order 14, Rule 2, C.P.C. to decide the preliminary issue in the election petition first in prior to the disposal of the other issues in the matter.2. It is contended by the respondent-applicant that the elections of respondents 3 to 8 have been wrongly and illegally challenged by the petitioner by filing writ petition. That the petitioner was required to file separate election petition in challenging the elections of respondents 3 to 8. After filing demurrer, issues were framed in the election petition out of which issue No. 1 reads as under :--'Whether the petitioner has rightly challenged the election of respondents 3 to 8? If not, why? O.P. Parties.' According to the applicant the finding on issue No. 1 would go to the root of the matter being a bar created by law to file an election petition calling into question the elections of respondent...
State of Jandk Through Commissioner-cum-secretary, Industry and Commer ...
Court: Jammu and Kashmir
Decided on: Mar-16-2002
Reported in: 2003(1)JKJ701
H.K. Sema, Cheif Justice 1. We have heard Mr. Gourav pachnanda, learned Additional Advocate General for appellants-State as well as Mr. K.K. kundan Learned councel for respondents.2. The admitted position in this case is that the appointment of respondent-6 in the writ petition to the post of orderly-cum-chowkidar at Kathua, has been assailed on the sole ground that the said appointment has been made without advertising the post. Accepting the said position the learned Single Judge instead of quashing the order of appointment, also directed the official respondents to fill up the post by issuing public notice within a period of three months, failing which the writ petitioner shall stand appointed on adhoc basis on the expiry of three months.3. So far with regard to the direction of the learned Single Judge to advertise public notice, there is no infirmity However, with regard to the direction of the learned Single Judge that in the event of respondents failure in making public notice w...
Prem Nath and ors. Vs. Shri Mata Vaishnu Devi Shrine Board
Court: Jammu and Kashmir
Decided on: Mar-13-2002
Reported in: AIR2003J& K17,2003(1)JKJ691
V.K. Jhanji, J. 1. Alt the Letters Patent Appeals are by the unsuccessful plaintiffs. These are being disposed of by common judgment as the same involve common questions of law and facts. For facility of reference, facts are taken from appeal titled Prem Nath v. Mata Vaishno Devi Shrine Board (LPA (C) No. 8/2002).2. In the suit plaintiff alleged that he is a tenant of shop No. 3 at Mata Ka Bagh and a store room No. 14, appurtenant thereto located in Dhar Bhawan Darbar Mata Vaishno Devi, Trikuta Hills, Katra. He stated that defendants have no right to evict him forcibly from the demised premises otherwise than in due course of law. He thus sought a decree for permanent injunction restraining the defendant from forcibly evicting him from the demised premises, Otherwise than in due course of law. Along with the suit he filed an application under Order 39 Rule 1 & 2 Code of Civil Procedure, supported by an affidavit for grant of temporary injunction restraining the defendant from evicting ...
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