Jammu and Kashmir Court February 2003 Judgments
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Dr. Harbakash Singh Vs. State of Jandk and ors.
Court: Jammu and Kashmir
Decided on: Feb-27-2003
Reported in: 2003(2)JKJ302
V.K. Jhanji, J.1. Vide Notification No. 14-CAEE of 2001 dated 11.1.2001, the Competent Authority Entrance Examinations, Jammu allotted a seat in MD Anaesthesia to the petitioner Dr. Harbaksh Singh in Government Medical College, Jammu. However, vide Notification No. 13-CAEF of 2002 dated 12.2.2002, the Competent Authority Entrance Examination rescinded order dated 11.1.2001 and reverted back the petitioner to Diploma Anaesthesia.2. In the present writ petition Order No. 13-CAEE of 2002 dated 12.2.2002 is being challenged.3. It is not in dispute that the last Post Graduate Entrance Examination for admission to various medical courses in the State of Jammu and Kashmir was held on 31st Dec. 1995 and Ist January 1996. After that examination no other entrance examination took place till it was directed by the Hon'ble Supreme Court by its order dated 6.9.2000 in Civil Appeal No. 4935 of 2000 Dr. Vikrant Parihar v. State of Jammu & Kashmir and Ors.. It is also not in dispute that after the sel...
United India Insurance Co. Vs. Veena Kumari Bakshi
Court: Jammu and Kashmir
Decided on: Feb-26-2003
Reported in: II(2004)ACC752,2005ACJ1258,2003(2)JKJ308
S.K. Gupta, J. 1. This letters Patent Appeal is preferred against the judgment and order made by the learned Single Judge in CIMA No. 65-A/2001 dated 9.7.2001, whereby the appeal was dismissed and compensation awarded by the Motor Accident Claims Tribunal, Jammu on 20.4.2001 was upheld.2. A freak but few facts of the case may be noticed. Accident involving the death of the deceased Kuldeep Kumar Bakshi occurred due to rash and negligent driving of the offending Truck No. JKS-3858 by its driver Nirmal Singh, on 21.4.1998 near village Chowki Choura under the jurisdiction of Police Station, Akhnoor. The deceased Kuldeep Kumar Bakshi was a State Government employee at the time of accident and serving as Head Constable in the Police Tele-Communication. He was drawing a monthly salary of Rs. 7,072. The heirs of the deceased, which consist of his wife and two minor children, preferred a claim petition for compensation in respect of death of the deceased before the Motor Accident Claims Tribun...
Dr. Tariq Saleem Khan Vs. University of Jammu and ors.
Court: Jammu and Kashmir
Decided on: Feb-26-2003
Reported in: 2003(2)JKJ318
R.C. Gandhi, J.1. Petitioner seeks to quash Order No. Estab/02/7692 dated 9.11.2002 and Order No. Estab/02/8322 dated 30.11.2002 whereby two representations of the petitioner have been rejected and also Advertisement Notice No. Adm., TW.2002/10461-560 dated 1.6.2002 whereby the post of Assistant Registrar has been advertised by the respondent-University for selection of suitable candidates. The petitioner is working as Head Assistant in the University. He is P.hd. in Urdu. He has secured 55.25 marks in M.A Urdu. He applied to the University against Advertisement Notice seeking selection to the post of Assistant Registrar. The University-Respondent has rejected the application of the petitioner vide impugned order dated 1.6.2002 on the ground that the petitioner is not eligible to seek selection being bereft of the eligibility criteria. 2. The petitioner has challenged the impugned order on the ground that the petitioner being in service candidate is eligible to the relaxation of qualif...
Kanayal Lal Vs. Union of India (Uoi)
Court: Jammu and Kashmir
Decided on: Feb-26-2003
Reported in: 2003(2)JKJ763
S.K. Gupta, J. 1. Petitioner, while working as SA-I with effect from 29th September 1986, had put up a noting to his G.E. stating that M/s Haji Abdul Kabir Sumji, Contractor, was banned for the issue of tender for two years by C.E., Srinagar Zone. It was, however, found later on that there was no such ban imposed on the said Contractor. An enquiry was held and found that it was a wrong noting submitted by the petitioner wilfully. The Disciplinary Authority also held that the petitioner also did not even dispute having putting up of the said noting. Another charge against the petitioner is that he had put up noting regarding another Contractor, M/s Surjit Singh & Sons for the job of dismantling and mentioned that provisional sum for dismantling work is minus 50% even though the opening officers had clearly indicated the said percentage as minus 5% and this was recorded in words also by the officers. The petitioner in his noting to the G.E. had recommended that M/s Surjit Singh & Sons ha...
Dev Jyoti Vs. State and ors.
Court: Jammu and Kashmir
Decided on: Feb-25-2003
Reported in: 2003(2)JKJ782
R.C. Gandhi, J. 1. The petitioner has acquired the academic qualification of Higher Secondary Part-II and being sports person represented the Government of Jammu and Kashmir State in national and international competition. Petition sought appointment in terms of SRO 349 of 1998 which contains Rules known as J&K; (Appointment of Outstanding Sports Persons) Rules, 1998, (hereinafter referred to as Rule, 1998). He has been appointed as Junior Assistant.2. The petitioner has presented this petition seeking direction to appoint him as Sub-Inspector in Police Department in the non-gazetted service on the analogy of respondent No. 4 who has been appointed as Sub-Inspector on 6th June, 1998. The petitioner maintains this petition on the grounds of discrimination.3. An outstanding Sports Person as defined in Section 2(ii) of Rules, 1998 is entitled to seek appointment to any non-gazetted service in terms of Rule 3 of the Rules, 1998. Rule 3 for convenience is reproduced as under:'3. Appointment...
Gopi Chand Vs. Mohd. Hanief
Court: Jammu and Kashmir
Decided on: Feb-24-2003
Reported in: 2003(1)JKJ754
B.L. Bhat, J. 1. By virtue of this reference order, the learned Sessions Judge Udhampur has recommended setting aside of the impugned order recorded by the learned Additional District Magistrate, Udhampur dated 17-07-2002 in proceedings under Section 145 titled as Mohd. Hanief and Anr. v. Ram Singh and Ors.. 2. It appears that an application under Section 145 Cr.P.C. came to be presented before the learned Additional District Magistrate, Udhampur by Mohd. Hanief the respondent herein with the prayer for initiation of proceedings under Section 145 Cr.P.C. stating therein that land measuring about 7 kanals comprising of survey No. 63 and land measuring about 4 kanals comprising of survey No. 64 located at village Kanjili tehsil Reasi purchased by him by an oral sale Deed against consideration amount of Rs. 50,000/-. That he is in possession of the said land from the year 1989. However, the respondents without any right whatsoever with respect to this land are bent upon to take forcible p...
Azaz HussaIn Vs. Jandk State
Court: Jammu and Kashmir
Decided on: Feb-21-2003
Reported in: 2003CriLJ2582,2003(1)JKJ763
B.L. Bhat, J. 1. Azaz Hussain petitioner has approached this court for quashing of FIR No. 34 of 2001 dated 14.9.2001 of Police Station Kalakote and the subsequent proceedings initiated in this behalf by the learned Judicial Magistrate Kalakote. 2. Precisely stating the facts of the case are that by virtue of docket addressed to Police Station Kalakote accompanying with the record of No. 20 of 14.9.2001 maintained in the case diary of Police Station Rajouri for the registration of the case stating that Mohd. Amin, ASI, who on 14.9.2001 was on duty recorded the statement of an injured, namely, Mst. Saleema Akhter wife of Azaz Hussain resident of Dam Barota tehsil Kalakote, who stated that about 6 to 7 years back she is married to Azaz Hussain and she is being harassed by way of beating in her matrimonial house by her husband Azaz Hussain, Imtiyaz Ahmad, her brother-in-law, Mst. Nqz Bi, Mst Hakam Bi, Kalalat Bi, Kulsum Rashida, Minshi Gh. Hassan all residents of Barota tehsil Kalakote an...
United India Insurance Vs. Assistant Commissioner Labour
Court: Jammu and Kashmir
Decided on: Feb-21-2003
Reported in: (2004)ILLJ685J& K
ORDERSyed Bashir-Ud-Din, J.1. Heard. In this petition award dated October 30, 2002 passed by Commissioner under Workmen's Compensation Act (Assistant Commissioner Pulwama) in proceedings file No. I/C/98 is challenged to the extent of award of interest and imposition of penalty. Mr. Khuroo concedes that there is alternative remedy of appeal available against the impugned order before the proper forum. Though existence of alternative remedy does not bar the jurisdiction of the writ Court to entertain the writ petition but having regard to the facts and circumstances of this case, the petitioner having an alternative remedy is left to pursue, the remedy of appeal under law, as an efficacious equitable relief available to him. Mr. Khuroo however, submits that the appeal is time barred. Section 30 of the Workmen's Compensation Act extends the provisions of Section 5 of the Limitation Act to an appeal under the Act. Mr. Khuroo is free to take up the plea sought for extension of time period b...
Pritam Lal Trehan Vs. Piara Lal Saraf
Court: Jammu and Kashmir
Decided on: Feb-21-2003
Reported in: 2004(1)JKJ619
1. This appeal is preferred by the appellant through learned Advocate Sh. R.P. Bakshi. Earlier, Mr. Bakshi, Advocate has appeared in this matter. The matter was ordered to be set down for final hearing in the week commencing from 25th Nov., 2002. The operation of the judgment has also been stayed.2. On the last occasion namely 7th Feb., 2003, when the matter was listed for hearing, neither Mr. Bakshi, learned advocate, nor any other Advocate for the appellant remained present. On behalf of the appellant, request was made to adjourn the matter. A strong objection was raised by the other-side about the manner in which the adjournment is sought. However, with a view to give a last opportunity the matter was adjourned on that date to today. It was specifically conveyed to the party in person that if the Advocate for the appellant is not present, the stay shall be vacated and the matter shall be dismissed for non-prosecution. Even today, Mr. Bakshi, learned advocate, has not remained presen...
imtiaz Ahmad Zargar Vs. State of Jandk and ors.
Court: Jammu and Kashmir
Decided on: Feb-11-2003
Reported in: 2003CriLJ3799,2003(2)JKJ76
Muzaffar Jan, J.1. The Habeas Corpus petition has been filed to quash the detention Order No. DMS/PSA 58 dated 20-08-2002 passed by District Magistrate, Srinagar. The main submissions made in the petition are that the grounds of detention were not communicated to the detenue along with the record within the stipulated time in order to enable him to make an effective and meaningful representation to the Govt. against the order of detention. It is also submitted that the detenu was already in arrest with the respondents in FIR No. 69/2002 under Sections 3/4 of POTA and 7/25 Indian Arms Act and, as such, no bail could be granted to the detenu under any provisions of POTA, therefore, the detenu was not on bail but was all along in the custody of the respondents with liberty to them to execute the order of detention within the period stipulated under the Act. The order of detention was not executed within a reasonable time when the detenu was available to receive the order of detention. The...
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