Jammu and Kashmir Court May 2003 Judgments
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Syed Maqbool Shah and ors. Vs. State and ors.
Court: Jammu and Kashmir
Decided on: May-30-2003
Reported in: AIR2004J& K52,2003(3)JKJ473
V.K. Jhanji, A.C.J.1. By this common order We propose to dispose of LPA(OW) No. 68/2000 and LPA(OW) No. 283/1998.2. LPA(OW) No. 68/2000 is directed against order dated 10.02.2000 of the Learned Single Judge passed in OWP No. 97/1979 whereby the property in dispute has been held to be a wakf property. LPA(OW) No. 283 is directed against order dated 10.09.1998 passed in OWP No. 520/1982 whereby order dated 30.04.1982 passed by the Deputy Minister, Aukaf Affairs in so far it directed the payment of 25% of the total offerings (Nazur-I-Niaz) to the appellants on humanitarian grounds has been set aside and the property has been held to be a trust property which cannot be utilized for any other purpose other than prescribed in the Jammu & Kashmir Wakafs Act.3. In brief the facts are that Shah Farid-ud-din, a saint and his son Shah Assrar-ud-din also a saint lived in the area of Kishtwar.Shah Farid-ud-din died in 1725 AD, whereas his son pre-deceased him. After their demise their graves became...
Magnolia Exports Pvt. Ltd. and anr. Vs. Ghulam Mohamad Wani
Court: Jammu and Kashmir
Decided on: May-29-2003
Reported in: 2003(3)JKJ201
Y.P. Nargotra, J.1. The plaintiff Ghulam Mohd Wani who is respondent hero filed a suit for recovery of Rupees three lac and thirty-six thousand plus interest thereon under order 37 CPC against the defendants who are petitioner herein in the court of Additional District Judge, Srinagar. In the suit plaintiff urged that he is a business man and deals in Kashmiri arts and runs his business at Shorgari Mohalla Nawab Bazar, Srinagar. The defendant No. 2 who is respondent No. 2 herein is the proprietor of the firm respondent No. 1. As per the case of the plaintiff the defendant No. 2 approached the plaintiff for supply of Chain Stick on the promise that he would make a payment after a month or two from the time he would lift the goods. The plaintiff supplied the goods and in turn the defendants issued two cheques dated 19th of April 1996 and 20th of May 1996. After the lift of goods from Srinagar both the cheques could not be encashed due to shortage of funds. The plaintiff therefore approac...
Ghulam Qadri Mir Vs. State and ors.
Court: Jammu and Kashmir
Decided on: May-29-2003
Reported in: 2004CriLJ707,2003(3)JKJ115
Y.P. Nargotra, J. 1. Short question arising for consideration in this revision petition is whether a criminal appeal can be disposed of on merits in the absence of the appellant or his counsel. 2. The accused-petitioner was tried by the learned Judge Small Causes, Srinagar for commission of the offence under Section 304A, RPC and was convicted and sentenced to undergo rigorous imprisonment of one year with a fine of rupees two thousand and in default of payment of find to undergo further imprisonment for a period of six months. 3. Aggrieved by the conviction and sentence, the accused-petitioner preferred an appeal before the learned Additional Sessions Judge, Srinagar who in the absence of the appellant, his counsel and without hearing them decided the appeal on merits and up-held the judgment of the trial court by his judgment dated 6.5.1996. 4. Against the judgment of the appellate court, the accused-petitioner has come up in revision before this Court. 5. The identical question came...
State and anr. Vs. Amjad HussaIn and anr.
Court: Jammu and Kashmir
Decided on: May-29-2003
Reported in: 2003(3)JKJ132
Y.P. Nargotra, J.1. Whether state can maintain an appeal against a judgment and passed upon a reference Under Section 18 of Land Acquisition Act in which it was not a party; is the question arising for consideration. The relevant facts of the case are that under the provisions of Land Acquisition Act (hereafter called the Act). Land situated at Sharief Abad, District Budgam was acquired for construction of Electric Grid Station. The part of the land acquired. The Collector assessed the compensation at the rate of Rs. 34,600 per kanal. The owner/respondent did not accept the compensation at that rate and requested the Collector for making a reference Under Section 18 of the land Acquisition Act to the District Judge, Budgam. Learned District Judge entered the reference in which Petitioner No. 2, Chief Engineer was also a party, and enhanced the rate of compensation from Rs. 34,600 to Rs. 2,00,000 per kanal and assessed the compensation payable to the petitioner at Rs. 1,39,59,969 in whi...
J and K Minerals Ltd. Vs. Saif-ud-dIn Hakak
Court: Jammu and Kashmir
Decided on: May-29-2003
Reported in: 2004(1)JKJ266
Y.P. Nargotra, J.1. The Respondent/plaintiff was initially engaged as Mali on Daily wage basis in 1979. His services were regularized by the petitioner defendant-corporation vide order No. WCF (Estt) 83-1054-62 dated 12.5.1983. The plaintiff in proof of his age presented a certificate of chowkidar showing his age at 34 years. The defendant did not accept the same and referred the plaintiff to State Medical Board for determination of his age. The Board vide its letter dated 31.10.1989 opined that age of the plaintiff approximately could be 42 years and accordingly the said age was entered in his service Book. As per the said recorded age, the plaintiff was to retire on 31.10.2005.2. The defendant Corporation, however, came to know somewhere in 1998 that the plaintiff had studied in Government High School Khrew upto 4th standard which fact stood suppressed by him so the defendant wrote and obtained Date of Birth certificate from the said school which certified the date of birth of the pl...
Mala Sidiq Vs. Dilshada Banoo
Court: Jammu and Kashmir
Decided on: May-29-2003
Reported in: 2003(3)JKJ184
Y.P. Nargotra, J.1. A short but interesting question involved in this criminal reference is whether female children are entitled to grant of maintenance under Section 488 Cr. P.C. till they get married or their right to maintenance is restricted till they attain majority or are unable to maintain themselves whichever is earlier.2. The respondent Mst. Dilshada Bano is the daughter of the petitioner Mala Sadiq. The respondent was living with her mother who has been divorced by the petitioner. The respondent filed an application under Section 488 Cr. P.C. for grant of maintenance in the Court of Judicial Magistrate, Ganderbal in which learned Magistrate by his order dated 3.6,2002 awarded interim maintenance to the daughter-applicant.3. The father non-applicant challenged the order of learned Magistrate in revision before the learned Sessions Judge under Section 435 Cr. P.C. And learned Sessions Judge has recommended to this Court under Section 438 Cr.P.C. for setting aside the order pass...
Nissar HussaIn and ors. Vs. State of J and K and ors.
Court: Jammu and Kashmir
Decided on: May-28-2003
Reported in: 2003(3)JKJ228
Permod Kohil, J.1. Petitioners claim to be recorded owners of land situated at Muza Barrey Nambal, Srinagar falling under survey numbers 639, 640, 641, 642, 1805/630, 1808/632, 634, 638, 643, 642, 632, 637, 1809/635, 1810/635, 647, 648, 650, 649, 646, 1813/651, 1815/652, 1817/653, 1814/651, 1861/653, 652, 1818/653, 633, 631, 1811/645, 1812/645 of khewat No. 200 and Khasra No. 1807/634, 1806/630, 1813/651.2. Land described above became subject matter of acquisition by the State Government and on completion of the acquisition proceedings award dated 29.10.1985 was passed. A sum of Rs. 32,640 was determined as compensation per kanal for the acquired land. Petitioners share in the acquired land is indicated in para No. 3 of the petition.3. Respondents 4 to 15 were tenants under the petitioners and recorded as such in the Revenue record. Proceedings under Section 4 of the Agrarian Reforms Act were initiated wherein respondents 4 to 15 were shown as prospective owner in respect to the land o...
Raja Mohammad HussaIn Vs. State and ors.
Court: Jammu and Kashmir
Decided on: May-27-2003
Reported in: AIR2004J& K16,2003(3)JKJ639
1. Petitioner Raja Mohammad Hussain Khan, was resident of State of Jammu and Kashmir and thus a permanent resident of the State he migrated to Muzaffarabad in the year 1984 and stayed there with his relations. He secured a Pakistani Passport on 27.9.1999 and applied for Visa to Indian High Commissioner at Islamabad for visit to India. His application was allowed and he was granted Visa under No. P233186 by the Indian High Commissioner for visit to Srinagar from 29.8.2001 to 28.11.2001 (60 days). He entered India through Amritsar border on 21st September 2001 and since then is staying with his children at Baghat Barzulla, Srinagar. Before the expiry of the period of his visit under the Visa granted to him, he applied for extension of his stay for three months on medical grounds. He submitted his application on 11.11.2001.2. The petitioner has approached this Court through the present petition claiming himself to be permanent resident of the State and a citizen of India, being originally...
Mir Imran Nazir Vs. State of J and K and ors.
Court: Jammu and Kashmir
Decided on: May-27-2003
Reported in: 2003(3)JKJ243
Permod Kohli, J.1. Order No. 2-CAEE of 2001, dated 16.1.2001 has been questioned in the present writ petition, whereby the petitioner's admission to MBBS course under R.B.A. (Resident of Backward Area) category in Govt. Medical College, Srinagar has been cancelled on the ground that he procured R.B.A. Category certificate on showing himself to be the resident of the village Achagosa Bamnoo, Tehsil and District Pulwama, whereas he is resident of Village Pingllana, Pulwama which is not a backward area. It is further stipulated in this order that on the basis of a complaint received against the petitioner a detailed investigation was made by the State Vigilance Organization and the above mentioned facts have come to light. It is also stated that one Nazir Ahmed Miris residing at village Achagosa Bamnoo and is having two sons, one is labourer another is student of 7th class. It has been concluded that the petitioner is not resident of village Achagosa Bamnoo and thus do not belong to 'Back...
Ali Mohammad Bhat and anr. Vs. State of J and K and ors.
Court: Jammu and Kashmir
Decided on: May-27-2003
Reported in: 2003(3)JKJ163
Permod Kohli, J. 1. Petitioner No. 1 was owner of land measuring 9 marlas comprising Khasra No. 178 situated at Kharbagh. Petitioner No. 2 is his son and a matriculate un-employed. The Education Department approached petitioner No. 1 for donation of land referred to above for construction of a Government School on the condition that the petitioner's son i.e., petitioner No. 2 shall be given employment as Class IV employee with the Education Department in lieu of the land. It is the case of the petitioner that land was given to the Education Department in the year 1988 and a school building has been constructed thereon. Petitioners applied for employment in lieu of the land for petitioner No. 2 who was qualified to be appointed as Class IV. This was in terms of SRO 181 dated 3.6.1988. Despite repeated requests case of the petitioner was not settled. Petitioners approached various functionaries of the department, Additional Deputy Commissioner, Srinagar vide his communication dated 19.12...