Jammu and Kashmir Court December 2003 Judgments

Navdeep Singh Vs. Union of India (Uoi) and ors.

Court: Jammu and Kashmir

Reported in: 2004(2)JKJ623

S.K. Gupta, J.1. The petitioner was appointed as Constable Driver on 16/08/1982 and posted in 10th Bn. B.S.F. He was promoted as Lance Naik in February, 1995 and further promoted as Head Constable in May, 2001. While he was posted at S.T.C. BSF, Udhampur, it is stated that a false charge was framed against him under Section 20(A) of the BSF Act on the allegation of using criminal force to his superior officer, kicked on the scrotum and punched on the chest and face with his fist of IRLA No. 19350148 Shri Banu Pratap Singh, Deputy Commandant of the same S.T.C. at 6:40 Hours on 03/11/2001. The petitioner was tried by the Summary Security Force Court (hereinafter for short referred to as 'Summary Court') on 12th/13th November, 2001 on the said charge of using criminal force on his superior officer. He was, however, found guilty of having used the criminal force against his officer by the Summary Court.2. The grievance of the petitioner is that neither the offence report, containing the al...

Chander Sheikher Vs. United India Insurance Co. Ltd.

Court: Jammu and Kashmir

Reported in: AIR2004J& K126,2004(1)JKJ530

Y.P. Nargotra, J.1. This Civil Ist appeal is directed against the judgment and decree dated 28.2.1998 passed by the learned Ist Addl.District Judge Jammu whereby the suit of the plaintiff has been dismissed. The facts in brief leading to the filing of this appeal are that the plaintiff-appellant filed a suit against the respondent-defendant insurance-company for recovery of Rs. 1,07,000 as compensation on the allegation that he had insured tanker bearing No. JKP-3411 with the defendant' insurance company for cash value of Rs. 90000 under insurance policy No. 111700/24/1195/88 for the period commencing from 30.12.1988 to 29,12,1989. The said tanker suffered total loss in a fire incident in June 1989 in which the Driver and conductor of the tanker also perished. The plaintiff applied to the defendant, insurance company, for claiming the amount insured under the policy but that was not paid, hence the suit.2. The suit of the plaintiff was contested by the defendant inter-alia on different...

Mst. Rehti and ors. Vs. Abdul Majid Sofi

Court: Jammu and Kashmir

Reported in: 2004(1)JKJ520

Syed Bashir-Ud-Din, J.1. Habib Dar, appellant-plaintiff, (who has by now died and is represented by his legal heirs) filed a suit for ejectment and recovery of arrears of rent against the respondent, in respect of a shop situated at Munwarabad, Srinagar. This suit was filed on 26th May' 81, on various grounds and in main on the pleaded grounds that the respondent-defedant as a tenant has damaged the tenement and is a source of nuisance for other tenants and the people around. Besides, the plea of personal requirement was also raised. The suit was contested by the other side. Number of issues were raised in the suit. Parties led evidence. The trial concluded in the court of Judge, Small Causes, Srinagar. The suit was decreed in favour of the appellants on the ground of nuisance and annoyance to the adjoining/neighbouring tenants. The finding on all other issues was against the appellant-plaintiff.2. The respondent-defendant preferred Civil 1st Appeal against the judgment and decree of t...

ishtiyaq Ahmad Vs. State of J and K and anr.

Court: Jammu and Kashmir

Reported in: 2004(1)JKJ548

Sayed Bashir-Ud-Din, J.1. Subject, Ishtiyaq Ahmad Shah, was detained by the District Magistrate Anantnag, Respondent No. 2, under his order No. 233/89-95 dated 23.02.2002 with a view to prevent him from acting in any manner prejudicial to the security of the State.2. This order, passed under Section 8 of the J&K; Public Safety Act, 1978, is impugned in this petition. Learned counsel for the detenu has confined his submissions to grounds of challenge, enumerated in grounds a, b, c and d of the petition memo. It is argued that, though the detenu was on bail in FIR No. 35/2002 under Section 3/7 of the Indian Arms Act, registered at Police Station, Kukernagh, yet the detaining authority has not considered this aspect of the case, which shows that the impugned order sufers from non-application of mind. It is further submitted that the detenue has not been supplied material referred to, in the grounds of detention and was also not informed of his right of representation against detention to ...

Sanjeev Khajuria Vs. State of J and K and ors.

Court: Jammu and Kashmir

Reported in: 2004(1)JKJ480

Permod Kohli, J.1. Exercise of discretion vested with authority be it administrative, quasi judicial or judicial, is the soul searching question involved in the present petition. This petition proceeds on certain admitted facts. Petitioner and respondents 5 to 7, all claim to be sports persons possessing proficiency in sport though belonging to different fields of games. Petitioner is sports person associated with game of hand ball whereas respondent-5 is wrestler and respondents 6 and 7 are Athletics. Petitioner alongwith respondents 5 to 7 and one Bhupinder Singh were recommended for appointment under SR082 of 1992 dated 7.4.1992 on being certified by the J&K; Sports Council of their proficiency in sports vide GAD Communication dated 25.4.1994 to the Home Department. Their credentials were verified through CID Wing of the Police Department, who communicated clearance vide order dated 14.1.1995 in respect to the recommendees. They were subjected to medical examination and declared med...

Mohd. Ashfaq and ors. Vs. State of J and K and ors.

Court: Jammu and Kashmir

Reported in: 2004(1)JKJ576

Permod Kohli, J.1. Common questions of law and fact are involved in the present petitions.2. Reply has been filed only in SWP No. 491/2003, which is considered to be common in all the petitions as all the petitions have been heard on the basis of the reply filed in the afore-said petition, with the consensus of the learned counsel for the parties.3. The only question involved in the present petitions relate to the validity of the stipulation of 'two years actual experience at the bar' as prescribed in the advertisement notice for the post of prosecuting officer.4. Director General of Police issued advertisement notice published in Kashmir Times, a local English Daily, inviting applications for the post of Prosecuting Officers and last date for receipt of application forms was 31-3-2003. As many as 53 vacancies were advertised, 29 in the Open Merit Category and rest of the vacancies in reserved categories as prescribed in the notification. Column II of the afore-said advertisement notic...

Peoples Action and Public Account Vs. State and ors.

Court: Jammu and Kashmir

1. During the course of hearing of this Public Interest Litigation some information has been brought to our notice in regard to the working and functioning of National House Building Cooperative Society. It is stated that one Shri Ram Prakash Puri S/o Shri Bhag Mal R/o Jammu died in the year 1985 yet his power of attorney was got executed in the year 1998 in favour of one Shri Chander Shekher S/o Shri T. D. Sharma R/o 421-A Gandhi Nagar, Jammu and Shri Arun Kumar Gupta S/o Shri Dwarka Nath Gupta R/o 170 Rehari Colony, Jammu. After the execution of the power of attorney, sale seed was executed on behalf of the deceased by the said attorney on 24. 8. 1999 for sale of land in favour of National House Building Cooperativbe Socity Ltd. in regard to land measuring 4 kanals situated at Channi Rama, Tehsil Jammu, for a consideration of Rs. 10,80,000/-. It is sated that in this sale transaction, the National House Building Cooperative Society was represented by Assistant General Manager( Person...

Enn Aay Enterprises Vs. State of J and K and ors.

Court: Jammu and Kashmir

Reported in: 2004(2)JKJ68

S.K. Gupta, J.1. Note of the Registry indicate that in Appeal No. 125/2003 filed against the judgment and decree dated 16.8.2003 passed by the District Judge, Budgam, it has been valued at Rs. 13,50,000/- for the purposes of court fee and jurisdiction for which court fee worth Rs. 12,447.50 has been affixed. It is further indicated that according to the amended Court Fee Amendment Bill 2000 the appellant was required to pay court fee worth Rs. 29,400/-. The Registry therefore, has pointed out a deficiency in the court fee worth Rs. 16,973/- to be made good by the appellant.2. It is clearly borne out from the appeal that the appellant has himself valued the appeal at Rs. 13,50,000/- and as such is required to pay advalorem court fee, as per the amended Court Fee Amendment Bill 2000.3. Learned counsel appealing for the appellant however, submitted that the suit came to be instituted before the District Judge on 01.05.1999 prior to the amendment of the Statute enabling levy of higher cour...

imtiyaz Ahmad Ganai and ors. Vs. State of J and K and ors.

Court: Jammu and Kashmir

Reported in: 2004(2)JKJ109

S.K. Gupta, J.1. Petitioners are aggrieved of the cancellation of the examination for Social Science subject in Bi-Annual Examination Matriculation (2003) by the Chairman, Jammu and Kashmir State Board of School Education, Srinagar on account of mass copying by the examinees at the said examination centres and allegedly violated the sensitivity of examination. It is stated that the petitioners were shown as 're-appear' against the respective Roll numbers in the result gazette, Annexure-A to the petition, whereas the marks sheet provided to them after the declaration of the result has shown the paper in which the petitioners have appeared as 'cancelled'. It is further submitted that the petitioners were shocked to learn that in spite of having fared well, they have been shown 're-appear' in the said paper in result gazette without its being published in advance in the newspaper which amounts to arbitrary action by the respondents and thus petitioners seek quashment of the result of the ...

Misra Bibi Vs. Mohd HussaIn and anr.

Court: Jammu and Kashmir

Reported in: AIR2004J& K108,2004(1)JKJ486

Y.P. Nargotra, J.1. The appellant wan an allottee of plot No. 3, Sector No. 2 measuring 25 x 50 situated at Gujjar Nagar, Jammu, in which she constructed two rooms, one Kitchen with a bathroom and was living therein. Respondent No. 1, started living in the said house with the appellant and ultimately threw her out of the possession of the said house. The appellant filed a suit against respondent No. 1. The suit was decreed by the learned District Judge, Jammu on 10th April 1992. Respondent No. 1 went in appeal, which was also dismissed by this Court Judgment dated 2nd February 1994. Respondent No. 1 filed a Letters Patent appeal, which too came to be dismissed on 29th March 1996. The appellant then filed an execution application before the Court of learned District Judge, Jammu, seeking the recovery of possession from the Judgment-debtor-respondent No. 1. During the course of pendency of the said execution application, the appellant executed a Sale Deed in favour of respondent No. 1, w...