Jammu and Kashmir Court July 2002 Judgments
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Aijaz Ahmad Fazili and ors. Vs. Arshid Ahmad Maqdoomi and anr.
Court: Jammu and Kashmir
Decided on: Jul-30-2002
Reported in: 2003CriLJ1133
ORDERR.C. Gandhi, J. 1. This reference is made by the learned Sessions Judge, Budgam, recommending set aside the order passed by learned Chief Judicial Magistrate, Budgam, whereby proceedings under Section 145, Cr.P.C, pending before him has been stayed till final disposal of the suit.2. Proceedings under Section 145, Cr.P.C. were instituted in February, 2000 before the learned Chief Judicial Magistrate, Budgam, Along with the proceedings, an application under Sub-section (iv) of Section 145, Cr.P.C. was also moved. The learned Chief Judicial Magistrate, after drawing the preliminary order on 29th Feb. 2000, attached the property in exercise of the powers under Sub-section (iv) of Section 145, Cr.P.C. Later on vide order dated 26th June, 2000, the proceedings were dropped by the learned Chief Judicial Magistrate. The order of dropping of the proceedings was challenged by means of Revision Petition before the learned Sessions Judge, Budgam, who upheld the order. The said order were chal...
Mumtaz Ahmad Dar Vs. State of J. and K. and anr.
Court: Jammu and Kashmir
Decided on: Jul-30-2002
Reported in: 2003CriLJ1135
ORDERR.G. Gandhi, J. 1. Petitioner seeks to quash detention order No. 59/DMP/2000 dated 13th Dec. 2000 passed by District Magistrate, in exercise of powers under Section 8 of the Jammu and Kashmir Public Safety Act, 1978.2. The detenu has challenged the detention order on various grounds, including that the grounds of detention have not been served upon, and explained to the detenu and he has also not been informed to make a representation to the Government against the detention order which is breach of the mandatory provisions of the law contained in Section 13 of the Act and non-compliance of such provision itself is enough to quash the detention order.3. Respondents have filed the counter affidavit stating therein that the detention order was approved by the Government on 18th Dec. 2000. It was executed on 27th Dec. 2000. The grounds of detention have been served upon and explained to the detain in the Urdu/English/Kashmir language which he fully understood. The case of the detenu w...
Dr. Mashqoor Ahmed Mir Vs. Mohd Babbar Malik and ors.
Court: Jammu and Kashmir
Decided on: Jul-30-2002
Reported in: 2003CriLJ2640
ORDERB.L. Bhat, J.1. This reference made by the learned Addl. Sessions Judge Ramban is directed against the orders passed by Judicial Magistrates (Sub-Judge and Munsiff) Batote, whereby they have refused to take cognizance of the offence and returned the complaint to the petitioner.2. Perused the reference order and the record of the case. Perusal of the record reveals that on 7-3-2002 one Dr. Mashqoor Ahmed Mir, Physician Specialist posted in S.K.M. Hospital Batote came to present a complaint for offences under Sections 500 and 501, R.P.C.; firstly before learned sub-Judge, Judicial Magistrate Batote, who on the same day came to return it to the complainant for presenting it before some other Court on the ground that the complainant-doctor is personally known to her. The complainant feeling desperate approached Munsiff, Judicial Magistrate, Batote who also in the like manner came to return it to the learned counsel for the complainant Mr. P.B. Katoch for presenting it before some othe...
Habib Ullah Bhat Vs. Mst. Jana and anr.
Court: Jammu and Kashmir
Decided on: Jul-29-2002
Reported in: AIR2003J& K32
R.C. Gandhi, J. 1. The appellant has preferred his Civil 2nd Appeal against the judgment and decree passed by the learned 3rd Additional District Judge, Srinagar, dated 6-5-2002. 2. The plaintiff-appellant filed a suit seeking to declare the gift deed executed on 27th January. 1967 in favour of Mst. Jana daughter of Shaban (wife of Ramzan) resident of Guptganga, Srinagar, as null and void on the ground that at the time of the execution of the gift deed, the plaintiff-appellant was minor and, therefore, it is voidab-initio. The trial Court framed the following issues:-- 1. Whether gift deed executed on 27-1-1967 has been executed during minority of the plaintiff and as such is not binding on the plaintiff? OPP 2. If issue No. 1 is proved in affirmative, then whether plaintiff is entitled to possession of suit property? OPP 3. Whether the defendants instead of sharing the misfortunes of the plaintiff have been beating him and creating hurdle in his way? OPP 4. Whether the plaintiff wa...
Oriental Insurance Co. Ltd. Vs. Ghulam Mohd.
Court: Jammu and Kashmir
Decided on: Jul-26-2002
Reported in: 2004ACJ1811
S.K. Gupta, J. 1. We have heard Mr. Baldev Singh, Advocate for the appellant as well as Mr. P.N. Raina, Advocate with Ms. Anshuya Sharma, Advocate for the respondents at length. These appeals by Letters Patent have been preferred by the insurance company against common judgment and order propounded by the learned single Judge in C.I.M.A. Nos. 66, 125 of 2001 and 106-A of 2002. By the aforesaid judgment the learned single Judge had dismissed appeals against a common award passed by the Presiding Officer, Motor Accidents Claims Tribunal, Ramban dated 29.9.1998.2. The sole controversy raised before the learned single Judge was as to whether court can grant additional compensation to the victims in terms of Section 163A of Motor Vehicles Act (hereinafter referred to as 'the Act') when compensation in terms of Section 140 of the Act has already been granted. After going through the relevant provisions touching the matter in controversy and placing reliance on the judgment of the Apex Court ...
Azad Ahmad and ors. Vs. New India Assurance Co. Ltd. and ors.
Court: Jammu and Kashmir
Decided on: Jul-26-2002
Reported in: 2004ACJ1918
S.K. Gupta, J.1. These three Letters Patent Appeals arise out of a common judgment and order dated 21.10.1999 propounded by the learned single Judge in C.I.M.A. Nos. 222, 254, 258 and 261 of 1998. We have heard Mr. B.S. Bali, learned advocate for the appellants, as well as Mr. R.K. Gupta and Mr. D.R. Khajuria, learned advocates for the respondents, in extenso.2. The basic facts may be noticed. The victims of the accident were travelling in a vehicle bearing registration No. JK 02-B 579, which skipped off the road and fell down on 20.4.1995, as a result of which, some of the passengers died while others suffered burn injuries.3. The claim petitions were preferred before the Motor Accidents Claims Tribunal for compensation and the award came to be passed on 30.4.1998. The owner of the vehicle as well as the insurance company challenged the award by filing a joint appeal on the ground that the compensation has been determined without applying the principle of law and that the quantum of c...
State Vs. Ali Rather and ors.
Court: Jammu and Kashmir
Decided on: Jul-26-2002
Reported in: 2003(1)JKJ134
Syed Bashir-Ud-Din. J.1. Respondents-accused Ali Rather and Mohd. Rather were booked for the offence of committing mischief by fire to complainant's residential house at Ichhgam District Budgam. This occurance is stated to have taken place on the night intervening 10/11th of September, 1992. On full dress trial, while evidence was led by the parties, after hearing the accuseds have been acquitted by District & Session Judge (Special Judge) for the offence under Section 436 RPC.2. Against this judgement state of J & K has filed this acquittal appeal mainly on the ground that the prosecution evidence has not been properly appreciated. The eye witness account by the witness has been erroneously not believed. Against accurred there is sufficient and direct evidence. There has not been delay in lodging FIR.3. Mr. Kawoosa submits that the accused AH Rather as verifired by Mr. J.A. Kawoosa, AAG is dead so appeal against him abates within the meaning of Section 431 Cr.P.C. The appeal is taken ...
Mst. Rosha Vs. State and ors.
Court: Jammu and Kashmir
Decided on: Jul-23-2002
Reported in: 2003CriLJ1394
ORDERR.C. Gandhi, J.1. Petitioner by means of this petition seeks to quash the detention order No. 86/2001 dated 24-7-2001, passed by District Magistrate, Baramulla, in exercise of powers under Section 8 of J & K Public Safety Act, 1978, (hereinafter the Act) directing preventive detention of the detehue Mohmmad Maqbool Rishi alias Jan-Nisar S/ o Mohmmad Sultan Rishi R/O Buthoo, Bandipora. The Respondents State in exercise of the powers under Section 17 of the Act has confirmed the detention order for a period of 24 months.2. The detention order has been challenged on various grounds including that the detenue has not been communicated the grounds of detention and also not informed to make a representation to the Government against the detention order.3. The respondents have filed counter-affidavit stating therein, that the detention order has been approved by the Govt. vide Govt. order No. 1499 of 2001 dated 2-8-2001. The detenue was taken into preventive custody on 7-8-2001 in execut...
Zahoor Ahmad Pampori Vs. Nadia (Minor)
Court: Jammu and Kashmir
Decided on: Jul-22-2002
Reported in: 2003CriLJ1393,II(2003)DMC421
ORDERR.C. Gandhi, J.1. Petitioner, by means of this petition, under Section 561-A, Cr. P.C. is seeking to quash the orders dated 11/2000 and 21-12-2000, passed by the learned Chief Judicial Magistrate, Anantnag, in petition under Section 488, Cr. P.C. and order dated 29-12-2001 passed by the learned Sessions Judge, Anantnag, in revision petition No. 60/2001.2. Petitioner was married to Ruby Jan. Out of the wedlock, Nadia, a female child, was born on 28th March, 1989. The marriage between the parties was dissolved on 17-10-88. The minor, Nadia, through her mother, filed an application before learned Chief Judicial Magistrate, Anantnag, against the petitioner herein, seeking maintenance under Section 488, Cr. P.C.3. During the pendency of these proceedings, petitioner filed an application for conducting DNA test disputing the paternity of the child. The learned Magistrate, on appreciation of the evidence, dismissed the application of the non-applicant (Petitioner herein), seeking directi...
Aijaz HussaIn Zargar Vs. State of Jandk and ors.
Court: Jammu and Kashmir
Decided on: Jul-22-2002
Reported in: 2003(1)JKJ537
1. Petitioner being aggrieved by an order dated 28-05-2002 made by learned Single Judge in SWP No. 130-A/1998, whereby writ petition has been dismissed, has filed this appeal.2. The appellant who was petitioner before the learned single judge, was appointed as Junior Assistant on adhoc basis for a period of 89 days or till the post is filled up by the competent authority, whichever is earlier, at Rs. 950/-plus allowances as admissible under rules against the available vacancy of Junior Assistant in the chief Medical Officer's office Anantnag. The order is signed by chief Medical Officer (CMO) on 18-11-1997. Before completion of 89 days, the petitioner filed the writ petition before the court inter-alia stating that he was appointed/engaged as Junior Assistant on adhoc basis for a period of 89 days or till the post is filled up by the competent authority against available vacancy in the office of the respondent No. 3. The appellant in his petition stated that 'respondent' are now trying...
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