Jammu and Kashmir Court April 2003 Judgments
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Manzoor Ahmed Khan Vs. State of J and K
Court: Jammu and Kashmir
Decided on: Apr-29-2003
Reported in: 2003(3)JKJ448
1. The subject Manzoor Ahmed Khan has been taken in preventive custody on 31.01.2002 pursuant to detention order No. DMS/PSA/34 dated 7.12.2001 by District Magistrate Srinagar (respondent No, 2) detaining authority in this case. This order and the consequent detention is under challenge in this petition. Though number of grounds have been taken to challenge the detention, however counsel for the petitioner urges the lone ground of failure to supply the record relied on by the detaining to draw the subjective satisfaction for this detention and therefore, the counsel submits that the order has not been communicated to the detenu, thereby the order is rendered bad under law.2. Counsel for otherside Mr. Tasaduq Khawaja submits that as per para 10 of reply and para 8 of the petition the only material relied is grounds of detention which is supplied to detenu. No other record has been relied, therefore, the detention cannot be said to be vitiated. 3. To appreciate the respective contentions...
Javid Ahmed Khan Vs. State of J and K
Court: Jammu and Kashmir
Decided on: Apr-29-2003
Reported in: 2003CriLJ3400,2003(3)JKJ531
Syed Bashir-Ud-Din, J.1. Subject Javid Ahmed Khan is detained by District Magistrate Srinagar (respondent No. 2) on 15.1.2002 Under Section 8 of J&K; Public Safety Act, 1978 under this order No. DMS/PSA/49 dated 15.1.2002. This order has been implemented and detenu taken preventive custody. The order and the consequent detention is under challenge in this petition. Notwithstanding the number of grounds taken the petitioner's counsel urges lone ground to convass that detention is vitiated for non-supply of record and material referred in the grounds and thereby the detenu is disabled to make an effective and meaningful representation against the order to Government within the meaning of Article 22(5) of the Constitution.2. Ld. Counsel for the respondents submits that the grounds of detention have been supplied to detenu and the detenu has been afforded sufficient opportunity to make representation which he has not done. The counsel further submits that the detention is not vitiated on t...
Mohd. Iqbal Sheikh Vs. State of J and K
Court: Jammu and Kashmir
Decided on: Apr-29-2003
Reported in: 2003(3)JKJ534
Syed Bashir-Ud-Din, J.1. The subject Mohd. Iqbal Sheikh has been detained Under Section 8 of J&K; P.S.Act, 1978 by District Magistrate, Srinagar (Respondent No. 2) under his order No. DMS/PSA/37 dated 28.12.2001. This order and consequent detention is under challenge in this petition.Counter filed by the detaining authority is on file.2. Ld. Counsel for the petitioner Mr. Mir Shafaqat confines his submission only to two grounds notwithstanding number of grounds he has taken to challenge the detention. First the counsel submits that the order of detention was passed on 28.12,01 when the detenu was facing trial in sessions case No. 37/4th before 4th Additional District & Session Judge, Srinagar (in FIR No. 147/01 of P/SKhanyar). The subject was given bail by the trial court on 29.11.2001. While on bail the above detention order was passed. Detenu was taken in preventive detention pursuant to the impugned order on 28.12.02 as even admitted by the detaining authority in para two of the cou...
Dr. A.R. Trag Vs. Presiding Officer Labour Court
Court: Jammu and Kashmir
Decided on: Apr-28-2003
Reported in: 2003(3)JKJ451,(2004)ILLJ544J& K
Syed Bashir-Ud-Din, J. 1. S. D. Tantrey, submits that the impugned award is passed by the Industrial Tribunal (Labour Court) J&K; Srinagar, after the dispute between the parties was referred to it by the Government on the question of determination of the legality or otherwise of the termination of services of respondent No. 2 by Director Sericulture and the relief if any, to which the petitioner was entitled to. The Tribunal has found the termination illegal and respondent has been on entitlement awarded back wages on contest. The respondents have appeared before the Tribunal and participated in the proceedings. It was only after contest that the award has been passed. Mr. Tantrey further submits that the orders have been passed within canopy of Industrial Disputes Act and within jurisdiction by the Tribunal. 2. Mr. Wani, submits that the impugned award is without jurisdiction, in as much as, on merits the claimant respondent No. 2 was a seasonal labour and not in the employment of the...
Kuldeep Mattoo and anr. Vs. Hirday Nath Pandita
Court: Jammu and Kashmir
Decided on: Apr-25-2003
Reported in: 2003(3)JKJ255
S.K. Gupta, J.1. This revision petition has been preferred against an order dated 24th of July 2002, propounded by the Sub-Judge, Jammu in a eviction suit, whereby the defence of the petitioners has been struck off for non-depositing of the month by month rent and arrears of rent, in terms of the provisions of Section 12(4) of the Jammu and Kashmir Houses and Shops Rent Control Act, 1966. It is not in dispute that an agreement came to be executed between the parties on 14.10.1997. It is also not in dispute that the eviction suit has been initiated by the plaintiff-landlord against the defendants/petitioners on the grounds of defaults in the payment of rent. It was during the pendency of the suit, an application came to be filed by the plaintiff-landlord in the court of Sub-Judge, Jammu under Section 12(4) of the Houses and Shops Rent Control Act, 1966, alleging therein, that the defendants/petitioners be directed to pay the month by month rent and also to liquidate the arrears of rent....
Sanjay Sharma Vs. State of J and K
Court: Jammu and Kashmir
Decided on: Apr-25-2003
Reported in: 2004CriLJ1473,2003(2)JKJ736
S.K. Gupta, J.1. Through the currency of this petition, Sanjay Sharma, accused, facing trial for the commission of offence, contrary to Section 302 read with Sections 34 RFC and 523 Arms Act, alongwith other accused, pending at the stage of recording prosecution evidence, has sought to be admitted to bail inter alia on the ground that he is in custody for more than eight years, having been arrested in October, 1994. That out of a list of 23 witnesses given by the prosecution in the challan, five are shown as eye-witnesses of the occurrence, The prosecution has examined only 11 witnesses out of the panel of witnesses in the challan till date, despite enumerable opportunities afforded by the Court. It is further contended that mother of the petitioner, who happens to be a widow, has been advised open heart surgery for replacement of mitral valve in All India Institute of Medical Sciences, to which she has been referred to by Dr. C.D. Gupta. That there is nobody to look after his mother a...
J and K Public Service Commission Vs. Rattan Singh Manhas and ors.
Court: Jammu and Kashmir
Decided on: Apr-25-2003
Reported in: 2003(2)JKJ749
R.C. Gandhi, J.1. This Letters Patent Appeal has been preferred challenging legality and correctness of the judgment dated 12.6.2002 passed by the learned Single Judge in SWP Nos. 311/2002 and 1047/2001, whereby he has allowed the writ petitions holding the writ petitioners, Respondent No. 1 herein, eligible and possessing the experience of two years to seek consideration for selection and appointment to the post of Lecturers in the Health and Medical Education Department.2. The appellant, Public Service Commission (hereinafter called as 'the Commission') issued Notification No. 30-PSC of 2001 dated 12.10.2001 inviting applications from the candidates, residents of the State of Jammu and Kashmir, desirous to seek selection and appointment for the post of Lecturer in the Department of Paediatrics in the Medical Education Department, The eligibility qualification prescribed in the Notification was that the candidates must possess M.D. (Paediatrics), specially Board of Paediatrics (USA), ...
Sanji Ram Vs. Nand Kishore Mehta
Court: Jammu and Kashmir
Decided on: Apr-25-2003
Reported in: 2003(2)JKJ794
S.K. Gupta, J.1. This revision is directed against the order dated 31.1.2001 formulated by District Judicial Mobile Magistrate, Kathua, whereby proceedings initiated against the accused respondent in a complaint under Section 138 of the Negotiable Instruments Act (hereinafter referred to as 'the Act') has been dropped and complaint dismissed. A brief narration of the facts for the purpose of this revision may be noticed.2. The respondent issued a cheque in favour of the petitioner for an amount of Rs. 20,000 drawn at Punjab National Bank Branch, Kathua in discharge of his debt liability. The cheque, when presented by the petitioner to the Bank, was returned uncashed with an endorsement 'insufficient funds'. The petitioner-complainant served a legal notice dated 4.5.2000 upon the respondent in terms of Section 138 of the Act intimating about the dishonour of the cheque and demanding of payment of cheque amount alongwith interest @ 24% per annum within 15 days of the receipt of the notic...
Bisham Jyoti Sharma Vs. Gopal Sharma
Court: Jammu and Kashmir
Decided on: Apr-25-2003
Reported in: 2003(3)JKJ260
S.K. Gupta, J.1. By means of this revision, the accused-petitioner has canvassed the correctness of the order dated 4.12.2000 propounded by Chief Judicial Magistrate, Kathua, in compliant/case No. 81/1998, whereby prayer made in the application preferred by the petitioner to drop the proceedings on the ground that notice of demand served upon the accused by the complainant is vague and defective and, therefore, does not occasion any cause of action to prefer the complaint by the complainant, has been declined.2. Facts relevant for the disposal of this revision in resume may be noticed. The petitioner issued a cheque in favour of the respondent for a sum of Rs. 13.000 and when presented for the realization of the said amount to the concerned Bank, the cheque was returned uncashed on 12.9.1998 with an endorsement as 'insufficient funds' as per the memo issued by the Bank. It is also stated that the complainant had to receive a sum of Rs. 69,800 from the accused and the cheque issued for ...
Competent Authority, Entrance Examination Vs. Rajesh Pandita
Court: Jammu and Kashmir
Decided on: Apr-24-2003
Reported in: 2003(2)JKJ757
V.K. Jhanji, A.C.J.1. This shall dispose of LPA(OW) No. 18/2003 directed against the judgment dated 11.10.2002 of the learned Single Judge passed in OWP No. 692/2002 whereby writ petition filed by Rajesh Pandita has been allowed and the Competent Authority has been directed to admit him against the payment seat which became available during the councelling. LPA No. 32/2003 has been filed by Wasim Rasool, who was the last candidate selected for MBBS payment seat. Because of the order passed by the learned Single Judge in OWP No. 692/2002 Wasim Rasool will have to vacate the seat occupied by him. It may be stated that Wasim Rasool was not made a party to the writ petition (OWP No. 692/2002) filed by Rajesh Pandita. Wasim Rasool, too had filed a writ petition in the Srinagar Wing of the High Court and by an interim order Acharya Shri Chandra College, Sidhra, Jammu was directed to issue roll number to Wasim Rasool so as to enable him to attend the classes. Since Wasim Rasool is going to be...