Jammu and Kashmir Court May 2003 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
State Vs. Abdul Salam Bhat
Court: Jammu and Kashmir
Decided on: May-20-2003
Reported in: 2003CriLJ4578,2003(3)JKJ120
Syed Bashir-ud-din, J. 1. Appellant was tried on committal by District & Session Judge, Anantnag on charges framed Under Sections 467, 468, 471 and 420 RPC, after the accused pleaded not guilty. During trial prosecution has examined as many as seven witnesses and has lead other documentary evidence. At the close of prosecution evidence, accused whose statement under Section 342 Cr. P.C. was recorded, again pleaded not guilty and has not tendered any evidence in defence. The Session Judge recorded an order of acquittal vide his judgment dated 31.3.1999. 2. The case has its roots to a communication addressed by Kashmir University students union to crime Branch alleging that the accused respondent with another person Gh. Hassan Dar, both serving as lecturers in school Education Department, in connivance with the university authorities are engaged in a fake certificate scandal. They have got promotions as lecturers and are benefited on the basis of fake certificate of having qualified the ...
Ab Ahad Akhoon Vs. Financial Commissioner and ors.
Court: Jammu and Kashmir
Decided on: May-20-2003
Reported in: 2003(3)JKJ237
Permod Kohli, J.1. One Khazir Wani was the Estate Holder of village Pinglishi. He died leaving behind Reshu, son, Mst. Zaina and Mst. Fatta daughters. His estate in the village devolved upon his legal heirs mentioned above in accordance with the Muslim Personal Law. The mutating officer attested mutation Order No. 573 in respect to the estate of Khazir Wani. While attesting mutation, Mst. Fatta one of the daughters was excluded from inheritance on the ground that she was married outside her parental home. This exclusion was allegedly on the basis of some custom. The petitioner herein is the son of Mst. Fatta and after her death, he challenged the mutation Order No. 573, dated 29.11.1971 before the Financial Commissioner, who dismissed the revision vide his order dated 29.11.1994, upholding the mutation. Review petition was preferred before the Financial Commissioner, which also came to be rejected vide judgment dated 20.10.1976. The Financial Commissioner while rejecting the review hel...
Dr. Harbaksh Singh Vs. State of J and K and ors.
Court: Jammu and Kashmir
Decided on: May-20-2003
Reported in: 2003(3)JKJ440
S.K. Gupta, J. 1. We have heard Mr. M.K. Bhardwaj, learned senior Advocate, along with Mr. Ajay Abrol, Advocate representing the appellant, as well as Mr. K.S. Johal, learned Additional Advocate General and Mr. D.S Thakur, Advocate, appearing for the respondents, in extenso. 2. This appeal is directed against the judgement and order dated 27.2.2003 propounded by learned Single Judge in SWP No. 433/2002, entitled Dr. Harbaksh Singh & others Versus State of J & K and others. By the aforesaid judgment and order, the learned Single Judge held that the admission of the petitioner to the MD Anaesthesia was fraudulent and he was a party to the fraud, so cannot be permitted to say that he was entitled to hearing before his admission came to be cancelled and, therefore, not entitled to any relief, and dismissed the writ petition with costs. 3. Facts relevant for the disposal of this Letters Patent Appeal in resume may be noticed. After the issuance of the select list of the Entrance Examination...
Abdul Rashid Reshi Vs. State and ors.
Court: Jammu and Kashmir
Decided on: May-20-2003
Reported in: 2003(3)JKJ149
Permod Kohli, J.1. Petitioner has challenged order dated 1.11.1999, whereby he was ordered to be retired from Government service as driver with effect from 31.1.2000 and has sought relief of his continuance in the service till 2003.2. The brief facts as indicated in the writ petition are that the petitioner was appointed as driver by the Director Health Services, Kashmir, vide his order dated 17.3.1956 against a substantive post of driver. At the time of preparation of his service book, the Drawing and Disbursing Officer wrongly recorded his date of birth as 3.1.1942. When the petitioner came to know of this, he immediately disputed the entry and produced the necessary school leaving certificate and the authorities after conducting an enquiry and verification of the record and other material, corrected the said date of birth from 3.1.1942 to 7.5.1945. The original entry of date of birth was deleted after making corrections. After 13 years of service rendered in the Health Department, p...
J and K Bank Vs. Mohd Sultan Dar
Court: Jammu and Kashmir
Decided on: May-20-2003
Reported in: AIR2004J& K4,2003(3)JKJ159
Permod Kohli, J. 1. This revision is directed against the order dated 4th April 2002, passed by the executing court (District Judge, Budgam) in execution proceedings initiated against the respondent herein. The order impugned in the petition reads as under:'I have heard the learned counsel for the parties and gone through the file. The suit in hand squarely falls within the ambit of Debt Relief Scheme. Accordingly all the applications are dismissed in terms of the said scheme alongwith the execution petition. Let all the applications be consigned to records and the file received from the record room be sent back forthwith.'2. Learned counsel for the petitioner submits that the order impugnedis illegal and without jurisdiction, in as much as the court below has failedto exercise the jurisdiction vested in it under law and otherwise also, thejurisdiction has been Exercised illegally and with material irregularity. Thecase of the respondent is not covered by the Debt Relief Scheme for the...
State of J and K and ors. Vs. Abdul Majid Mir
Court: Jammu and Kashmir
Decided on: May-20-2003
Reported in: 2003(3)JKJ489
V. K. Jhanji, ACJ1. This Letters Patent Appeal has been directed against order dated 16.10.1998 passed by the learned Single Judge whereby the writ petition has been allowed and the respondents, namely, the appellants herein, have been directed to allow the writ petitioner, respondent herein, to join duties with effect from 15th October, 1998 and his seniority be reckoned from the date from which his batchmates were allowed to join. However, his pay has been ordered to be released from 15th October, 1998.2. In brief, the facts are that in pursuance of advertisements notice, the respondent applied for the post of Constable in J&K; Police, District Kupwara. He appeared in the selection process and was selected for the said post. In terms of Police Rules, before making appointment, the character and antecedents of a selected candidates were required to be verified by the Police Department and before the same could be verified and formal letter of appointment could be issued, the responden...
Romesh Chander Vs. State
Court: Jammu and Kashmir
Decided on: May-20-2003
Reported in: 2004(1)JKJ304
S.K. Gupta, J.1. This appeal is directed against the order of conviction recorded by learned Ist-Addl. Sessions Judge, Jammu whereby accused Romesh Chander was sentenced to undergo 5 years rigorous imprisonment and a fine of Rs. 20,000/- and in default of payment of fine to further undergo imprisonment of like nature for a period of 2 months in proof of offence under Section 471 R.P.C.2. The facts that culminating in the prosecution of the accused Romesh Chander stemming out of the record depicted in narration are that J&K; Public Service Commission (in short PSC) invited applications from the eligible candidates for appearing in the Sub-Inspector, Excise and Taxation Departmental examination vide Notification No. PSC Ex-82/92 dated 20.10.1982. Accused Romesh Chander working as excise guard in the Excise and Taxation department also applied to the commission for appearing in the Sub-Inspector Examination after securing eligibility certificate from the Deputy Commissioner Excise Jammu.T...
Tilak Raj Sharma Vs. State and ors.
Court: Jammu and Kashmir
Decided on: May-19-2003
Reported in: AIR2004J& K43,2003(3)JKJ98
Muzaffar Jan, J. 1. Writ petition has been filed, praying for direction to quash the order suspending the Notary Licence of the petitioner during the pendency of enquiry, NO:LD (Notary) 87/2 dated 5.7.2002. 2. The main submissions made in the writ petition are that the petitioner is a political activist and a Public Notary, practicing in District Courts at Jammu since 1986. A false complaint was lodged by one Pritam Lal Gupta, on the ground that two affidavits attested by the petitioner, do not bear the registration number and signatures of the identifier. In pursuance of the complaint, a show cause notice was issued to the petitioner on 5.7.2002, requiring the petitioner to explain why action be not taken against him under Notary Act and rules and pending enquiry the licence of the petitioner was kept in suspension. It is this show cause notice which is submitted to have been issued on account of malafide, in an arbitrary and illegal manner, out of political vengeance, which is prayed...
Balbir Singh Vs. State and ors.
Court: Jammu and Kashmir
Decided on: May-14-2003
Reported in: 2003(3)JKJ463
B.L. Bhat, J.1. Though the medium of this Habeas Corpus Petition under Article 226 of the Constitution of India read with Section 103 of the constitution of the Jammu and Kashmir, petitioner Balbir Singh through his brother Amarjit Singh has sought indulgence of this court for quashing the Detention Order No. 10 PSA dated 7.11.2002 issued by the District Magistrate, Jammu whereby the petitioner came to be detrained under Section 8 of the J&K; Public Safety Act, 1978 for a period of one year.2. The Detention order is inter alia assailed on the grounds that the detenue was never served with the order of detention nor the order impugned has been approved by the Government within the stipulated period; that the order of detention has not been confirmed by the government in terms of Section 13 of the Jammu and Kashmir Public Safety Act; That the grounds of detention served upon the detenue are in the language, which the detenue does not understand; that the grounds of detention have not bee...
Darshan Singh and ors. Vs. Gurbachan Singh and ors.
Court: Jammu and Kashmir
Decided on: May-14-2003
Reported in: 2003(3)JKJ466
S.K. Gupta, J.1. Through the currency of this revision the petitioners-respondents seek the reversal of the order dated 27.09.2000 propounded by City Judge Jammu whereby the petitioners/Respondent's application for reference of a dispute to the Board in invoking the provisions of S. 8 of the J&K; Arbitration and Conciliation Act, 1997 (hereinafter referred as The Act') and staying the proceedings in the suit stood rejected.2. It appears that in a suit for permanent prohibitory injunction commenced by the plaintiffs-respondents in refraining the defendants-Petitioners from interfering in the management of the plaintiffs-respondents over Gurudawara Sahib Shri Guru Singh Sabha, Gole Gujral, Jammu and dispossessing the plaintiffs-respondents from the possession of the Gurudawara and removing the golak from Gurudawara the defendants-petitioners were put to notice at the first instance. The defendants-petitioners instead of filing the written statement initiated an application under Section ...
- ‹ Prev
- 1
- 2
- 3
- 5
- 6
- Next ›
- Last »