Jammu and Kashmir Court June 2002 Judgments
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Dr. (Mrs.) Satya Atri Vs. Smt. Shashi Sharma and ors.
Court: Jammu and Kashmir
Decided on: Jun-14-2002
Reported in: AIR2003J& K41
Doabia, J. 1. The proverbial 'needle of suspicion' in this case ultimately turned out to be a curved foreign body which stood lodged in the system of the respondent. She had undergone a caesarean operation on 1st Oct., 1998. Thereafter she complained of pain. She was examined by the appellant-doctor. It was noticed that respondent was complaining of pain and irritation in the lower abdominal region which was described as vague. The respondent got herself X-rayed. Ultra sound and CT Scanning was also got done. It was found that a foreign body stood lodged in her system. This foreign body stands removed. It is for this, the damages were claimed. The damages have been allowed. Appellants in these appeals seek reversal of the order passed by the State Commission.2. A person who holds himself out as ready to give medical advice or treatment impliedly undertakes that he is possessed of skill and knowledge for the purpose. Whether or not he is a registered medical practitioner, such a person ...
T.R. Gupta Contractor Ltd. Vs. Union of India
Court: Jammu and Kashmir
Decided on: Jun-14-2002
Reported in: [2002]124TAXMAN62(NULL)
A Kar Vivad Samadhan Scheme (hereinafter referred to as 'the Scheme') came into force on 1 -4-1987. Assessees were given option to take benefit of this Scheme. The assessees were supposed to pay the disputed tax which was to be determined as per the definition given in section 87(f) of the Finance (No. 2) Act, 1998 (hereinafter referred to as 'the Act'). The said clause defines 'disputed tax' to mean the total tax determined and payable in respect of an assessment year, namely, under direct tax enactment, but which remains unpaid as on the date of making of declaration under section 88. It is the case of assessee that an assessment was made by the assessing authority. This was subject-matter of challenge by the revenue before the appellate authority. The assessing authority created some liability. This was subject-matter of challenge by the assessee before the appellate authority. The appellate authority decided the appeal. This happened prior to 1-9-1998. Earlier to that, the revenue ...
Bhiku Vs. Chairman, J. and K. Special Tribunal and ors.
Court: Jammu and Kashmir
Decided on: Jun-12-2002
Reported in: AIR2003J& K34
Doabia, J. 1. Jagan Nath, respondent No, 4 in this appeal as also in the writ petition was proceed against under the provisions of the J. and K. Municipal Act, 2008. A notice was issued under Section 229 of the Municipal Act. This is dated 19-2-1992. This notice makes mention of the fact that the respondent has constructed one shop and started construction of two rooms. Further notice was issued under Section 229(3) of the Municipal Act on 27-2-1992. Both these notices were subject-matter of challenge before the J. and K. Special Tribunal. Before the Tribunal, the plea which were put across have been noticed in the appeal. It would be apt to reproduce the same below:-- '(i) the appellant is the owner of the land and he constructed the shop, two rooms and one kitchen many years ago and has been residing there and doing business; this construction was raised by the appellant with due permission; (ii) the appellant had not violated any rules and provision of law or the Municipal Act in c...
Lakshmi Narayan and ors. Vs. University of Jammu and ors.
Court: Jammu and Kashmir
Decided on: Jun-12-2002
Reported in: AIR2003J& K53
Doabia, J. 1. The Controller of Examinations, University of Jammu informed the various institutions imparting education in the discipline of Bachelor of Education to adopt 'Standard to be adopted in evaluation of Teaching Practice in the matter of awarding marks in internal and external examination'. The necessity to make this, change and adopt this method was felt as some of the Colleges were found to be making liberal assessments which enabled the students to steal march over the others. The institutions which were making objective assessment on the basis of the knowledge and performance displayed by a candidate as per the respondents were placed at a disadvantageous position. It was this factor which led the University authorities to adopt the method referred to above. This is being challenged inter alia on the ground that such was not the procedure which the students were supposed to face when they joined the course. Any change in mid-stream is likely to affect them. It is submitte...
Bashir Ahmad Wani S/O Haji Ghulam Mohd. Wani Vs. State of Jammu and Ka ...
Court: Jammu and Kashmir
Decided on: Jun-11-2002
Reported in: 2003(1)JKJ610
1. Applicant Bashir Ahmad, While working as clerk in the office of Assistant Commissioner, Tehsil Samba was trapped and caught red handed while accepting the money as illegal gratification. The investigations culminating in sending up accused for trial on charge under Section 5(2) read 5(1) (d) of the prevention of Corruption Act 2006. The trial ended in conviction and sentence of the accused for one year and fine of Rs. 200/-under Section 5(2) read with 5(1) (d) prevention of Corruption Act 2006. Accused filed an acquittal appeal on 30-12-1977 in the High Court. For failure of appearance and prosecution by petitioner or/ and his counsel the appeal was dismissed on merits and the order of conviction and sentence maintained. This happened on 4/4/2001.2. Accused/appellant has moved this motion for recalling the judgment and order dated 4/4/2001. The question raised here is whether in the facts and circumstances of the case, the judgment and order of dismissal of Appeal dated 4/42001 canb...
Zahoor Ahmad Bhat Vs. Director General of Police and ors.
Court: Jammu and Kashmir
Decided on: Jun-07-2002
Reported in: 2003(1)JKJ419
V.K. Jhanji, J.1. In this writ petition filed under Article 226 of the constitution of India read with Section 103 of the constitution of Jammu and Kashmir the petitioner is seeking a writ in the nature of certiorari for quashing order No; 1544/91 dated 6.12.1991 whereby the petitioner is also challenging order dated 11th October, 1994 whereby his representation against the order of discharge has been rejected by the Inspector General of Police, Armed J&K; Srinagar.2. The petitioner was enrolled as a constable in Jammu and Kashmir Armed Police in October 1987. He applied for earned leave on 27th March, 1991 for a period of one month, the leave was sanctioned. However, after the expiry of the leave period, the petitioner did not join back. According to the petitioner, while he was on leave, he developed some serious mental problem. He firstly started treatment under the traditional Unani System of medicines and ultimately was admitted to Psychiatric Diseases Hospital, Srinagar, by his p...
Manzoor Ahed Dar and ors. Vs. State of Jandk and ors.
Court: Jammu and Kashmir
Decided on: Jun-04-2002
Reported in: 2003(2)JKJ546
Syed Bashir-ud-Din, J. 1. Petitioners in all three applied for the posts (in District Badgam) of physical Education Teachers in the grade of Rs. 1200-2040 in the department of Youth Service and Sports of J&K; Govt. pursuant to advertisement Notice No. 4 of 1997 dated 29.5.1997. Having been left out and not selected by J&K; Services Selection Board, they have preferred these writ petitions. 2. The selection and consequent appointment of the selectees including respondents 3 to 23 against the posts of physical Education Teachers of District Budgam is challenged in terms of petition averment and submissions of the Ld. Counsel for the petitioner on the grounds that minimum qualification prescribed in the advertisement notice Annexure-B to the writ petition is matric with certificate course in physical Education. The candidates with B.P.Ed and M.P.Ed degree could not have been selected as the minimum prescribed qualification is not met in their case. As the selectees have to fill physical e...
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