Jammu and Kashmir Court May 2002 Judgments
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The State Vs. Ismail and anr.
Court: Jammu and Kashmir
Decided on: May-30-2002
Reported in: 2003CriLJ936
S.K. Gupta, J.1. We have heard Mr. H. Rehman, learned Government Advocate, as well as Mr. S.C. Gupta, learned advocate appearing for the accused, in extenso. By means of this reference, learned Additional Sessions Judge, Kishtwar has submitted the proceedings for confirmation of the sentence of life imprisonment awarded to the accused, Ismail and Mohd. Shafi, in proof of offence under Sections 302/34, RPC in File No. 26/Session on 28-7-1999.2. Facts that culminated in the prosecution of the accused depicted in narration are that, on 22-10-1993, both the accused, namely, Ismail and Mohd. Shafi, who bore animosity with the deceased persons and intending to liquidate them, followed the deceased at Thasgrah, where the latter had gone with their cattle. The accused on finding an opportunity and taking advantage of his seclusion, attacked the deceased Taju and his son Abdullah on the night preceding 22nd-23rd October, 1993 and inflicted multiple injuries with stones and lathi, which proved f...
Bashir Ahmed Mir Vs. State and ors.
Court: Jammu and Kashmir
Decided on: May-29-2002
Reported in: 2003(1)JKJ593
Syed Bashir-ud-din, J. 1. Accused (appellant and respondents of the two appeals) were tried under Section 302, 148, 447 and 149 IPC in the court of 3rd AdditionalDistrict and session Judge, Srinagar on charges on murder, criminal trespass ans roiting resulting in death of Abdul Rashid Bhat son of the complainant at Bugam. Accused Bashir Ahmed Mir was convicted after being found guilty of having caused death of Abdul Rashid Bhat with the Knowledge that his act of hiting deceased's head with 'yatferi' was likely to cause death and sentenced under Section 304(2) RPC to six years rigrious imprisonment and fine of Rs. 2000/- (in default to further undergo 40 days simple imprisonment). All other accuseds were acquitted. This order of conviction/ acquittal dated 23.7.98 and order of sentence dated 24.7.98 are under challange in these appeals. The convicted accused Bashir Ahmed Mir has challanged his conviction and sentence, as above and the State Government has appealed against acquittal of t...
Romesh Singh Vs. Amrik Singh
Court: Jammu and Kashmir
Decided on: May-29-2002
Reported in: AIR2002J& K26
ORDERB.L. Bhat, J.1. This civil revision is directed against the order dated 28-1-1995 passed by learned District Judge, Jammu in Civil Miscellaneous Appeal titled as 'Amrik Singh v. Hans Raj and others. It stems out of those circumstances summarised as under :--2. That respondent-plaintiff came to institute a suit for permanent prohibitory injunction restraining the defendants from encroaching and interfering in the peaceful possession of the plaintiff over the plot of land measuring 9 marlas, 249- 1/4 sq. ft. comprising Khasra No. 389 situate at Ashok Nagar, Satwari, Jammu, more specifically described in para (1) of the plaint before the Court of learned District Judge, Jammu who in turn came to transfer the same to the file of Munsiff Sub-Registrar, Jammu. Alongside this suit the plaintiff came to file an application for issuance of ad interim injunction. With respect to this petition, the learned trial Court vide its order dated 15-4-1994, directed the defendants-respondent to main...
Alson Automobiles Private Limited Vs. J. and K. Project Construction C ...
Court: Jammu and Kashmir
Decided on: May-28-2002
Reported in: AIR2003J& K15,2003(2)JKJ740
B.C. Patel, C.J. 1. M/s Alson Automobiles Private Ltd. having its office at Srinagar has preferred this appeal against order made by President, J. & K. Consumer Protection Commission, Srinagar on 31-1-1997 on a complaint No. 86 of 1997 filed by Dy. General Manager, J. & K. Project Construction Corporation Ltd., Srinagar, allowing the claim of the complainant and directing original opponents Nos. 1 and 2 to refund a sum of Rs. 2,24,241/- to the complainant with 10% interest on the sum from the date of deposit till the date of final payment and also directing it to pay an amount of Rs. 30,000/- as compensation,2. We were taken through the judgment memo of complaint, written statement, filed by opposite party No. 1 namely, the appellant herein as also the relevant provisions contained in J. & K. Consumer Protection Act, 1987 (hereinafter to be called 'the Act') and particularly Sub-clause (d) of Section 2 of the Act. It was specifically pleaded before the Consumer Forum that the Corporati...
Gulzar Ahmed Malla Vs. the State
Court: Jammu and Kashmir
Decided on: May-21-2002
Reported in: 2003CriLJ290
ORDERSyed Bashir-Ud-Din, J.1. Subject Gulzar Ahmed Malla has been detained under Order No. F/92/ DMA/PSA/DET/2001/119-24. dated 11-8-2001 and has been taken in preventive custody on 23-8-2001. This order as also detention is under challenge in this petition.2. Petitioner's Ld. counsel has confined his challenge to the detention on the ground that the material/documents/report referred in the grounds the basis of detention has not been supplied to him, thereby vitiating the detention as he could not make any meaningful and effective representation to Government against the detention. This ground is taken in para 5(d) of the petition.3. The detaining authority has filed counter on his affidavit. In reply to this ground under the head captioned 'grounds', at para C it is stated that the detenu has been provided the relevant material sufficient for making representation against the detention order' ....'has been provided the basic material in order to make effective representation.' As wou...
Abdul Khaliq Ganai and ors. Vs. State of Jandk and ors.
Court: Jammu and Kashmir
Decided on: May-21-2002
Reported in: 2003(2)JKJ585
Syed Bashir-ud-Din, J. 1. All the four petitioners figuring as wait list candidates for appointment in Education Department as Class IV employes on the list drawn in July, 1993 by the Board with District Development Commissioner, as its Chairman for Baramulla District. The Board (s) was constituted to fill up inter alia categories of Class IV vacancies pursuant to Government Order No. 461-GR of 1990 dated 16.4.1990. The names of the three writ petitioners on the wait list were forwarded by District Recruitment Board Baramulla to Principal Government Higher Secondary School (Boys) Sopore for appointment in the school as also allegedly in catchment area of the school and on that ground the case of petitioner in SWP No. 1656/93 was forwarded to Head-Master Govt. High School Boys Hardshiva a for adjustment against the available post. However Commissioner-cum-Secretary to Government Education in its communication dated 26.7.1993 (Annexure P4) issued directions stopping appointments against ...
Collector Land Acquisition Vs. 3rd Additional District Judge and ors.
Court: Jammu and Kashmir
Decided on: May-18-2002
Reported in: 2004(3)JKJ556
V.K. Jhanji, J.1. This revision petition is directed against order dated 16th May, 2001, passed by 3rd Additional District Judge, Srinagar, whereby the objection raised by the judgment debtor to the execution has been dismissed.2. In brief, facts are that an area of land, measuring 19 kanals and 3 marlas, situated at Rawalpora, Tehsil Budgam, was acquired for public purposes, namely, construction of building for Geological Survey of India. Vide order dated 16th August, 1971, the Collector Land Acquisition, Srinagar, awarded compensation of the land at the rate of Rs. 7,800/- per kanal and solatium at the rate of 15%. Interest on the compensation amount was not awarded, as at the time of the award the possession of the land was with the land owners. Compensation as awarded was disbursed except in respect of land measuring 5 kanals and 11 marlas as there was a dispute inter so between the respondents 3 to 5 and their predecessor-in-interest with regard to the apportionment of compensatio...
United India Insurance Co. Ltd. Vs. Madan Lal Mantoo
Court: Jammu and Kashmir
Decided on: May-16-2002
Reported in: AIR2003J& K36
ORDER1. Full and final discharge by the financing Bank would absolve the appellant-Company from all liabilities is the view point projected by the appellant in thisappeal, which is preferred against the decision given by the State Commission, constituted under the J. & K. Consumer Protection Act of 1987. 2. Before noticing the point of view put across by the appellant, the facts in brief be noticed. 3. It is not in dispute that the business premises belonging to the respondent suffered damage in a bomb blast. Claim was lodged. Surveyor assessed the loss at Rs. 44,089/-. The appellant-Company however, examined the report of the surveyor and was of the view that the claim was sustainable to the extent of Rs. 29,532/-. This amount was paid to the State Bank of India as it was the State Bank of India, which had paid the premium for and on behalf of the respondent. Needless to mention that the State Bank of India had given financial (sic) entitled to the reimbursement of the financial assis...
S. Narinder Singh Vs. Dr. R.D. Sood
Court: Jammu and Kashmir
Decided on: May-16-2002
Reported in: AIR2003J& K20
S.K. Gupta 1. We have heard Mr. R. S. Sharma, learned Advocate for appellant, as well as Mr. Parmod Kohli, learned senior Advocate, for respondent 1 and Mr. Baldev Singh, learned counsel, for respondent 2, at length. This Civil 1st Miscellaneous appeal is directed against the order dated 21-12-1999 propounded by the Jammu andKashmir Consumers Protection Commission, hereinafter referred to as Commission. By virtue of the aforesaid order, the Commission has dismissed the complaint of the appellant for damages against the respondents on account of medical negligence and injuries/loss. 2. The facts relevant for the disposal of this appeal in nutshell are that complainant-Narinder Singh approached respondent 1, Dr. R. D. Sood, on 23-3-1998 with regard to ailment of his left eye. After detailed clinical examination, Advanced Immature Cataract (ISC) was diagnosed and the complainant was advised to undergo a surgical procedure. A cataract extraction in left eye with intraocular lens was perfor...
Ram Krishna Vs. Pawan Kumar
Court: Jammu and Kashmir
Decided on: May-16-2002
Reported in: AIR2003J& K33
ORDERB.L. Bhat, J. 1. This revision is directed against an order/judgment dated 6-5-2002 passed in 3/Appeal, titled Pawan Kumar v. Ram Krishan, recorded by the learned District Judge, Kathua. 2. The facts leading up to this revision are that the respondent Pawan Kumar came to institute a suit for declaration, with consequential relief of permanent injunction against the appellant-respondent before the Court of Munsiff, Hira Nagar. Alongside the said suit the respondent-plaintiff came to file an application for issuance of an interim injunction, wherein the learned Munsiff came to pass the impugned order, which reads as under :-- 'Issue notice to the non-applicant to restrain from interfering in the suit land measuring 15 marlas comprising khasra No. 186 situated at village Dayala Chak, in any manner including that by way of using the same as a passage. This order is, however, subject to objections from the other side. Put up on 30-4-2002 for objections by the non-applicant.' This order...
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