Jammu and Kashmir Court June 2003 Judgments
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Dr. Muhammad Ismail Parray Vs. State of J and K and ors.
Court: Jammu and Kashmir
Decided on: Jun-13-2003
Reported in: 2003(3)JKJ181
Nisar Ahmad Kakru, J.1. The facts leading to the filing of this writ petition are that the petitioner Associate Professor in the Jammu and Kashmir Institute of Management and Public Administration Services (IMPA for short) was posted as Joint Director vide Government Order No. 1904-GAD of 1997, dated 6.12.1997. In the year 1999 he was sought to be replaced by respondent 3 vide Government Order No. 423-GAD of 1999, dated 5.4.1999. Being aggrieved, the order became subject matter of the writ petition. During the pendency of the writ petition another order was issued bearing No. 1242-GAD of 2000, dated 19.10.2000 appointing respondent 5 as Jt. Director. The said subsequent event constrained the petitioner to lay a motion for amendment of the writ petition which was allowed, consequently, this amended writ petition, questioning both the orders of deputation aforementioned.2. To succeed in the cause reliance is placed by learned counsel for the petitioner on the Resolution adopted by the Ex...
Habib Mir and ors. Vs. Abdullah Mir
Court: Jammu and Kashmir
Decided on: Jun-12-2003
Reported in: 2003(3)JKJ200
Nisar Ahmad Kakru, J. Much controversy is raised by learned counsel for the petitioner with respect to the powers of the Court in providing police assistance. It is contended that Court lacks powers to pass such direction. I am not impressed by this argument at all for the simple reason that Court has inherent powers under Section 151, Code of Civil Procedure to pass appropriate orders which are necessary for administering substantive justice and to prevent the abuse of the process of the Court. Nonetheless, assistance cannot be provided to enable a party to create rights in the suit property but such assistance can be extended to protect the right of the parties which are conferred upon it by substantive law or by mandate of a judicial order. Thus what emerges is that before order for police assistance is granted, it is the duty of the Court to apply its mind to ascertain that the direction which is sought to be implemented by police assistance is not evasive and does not admit ambigu...
Dr. Fayaz Ahmad Sofi Vs. State of J and K
Court: Jammu and Kashmir
Decided on: Jun-12-2003
Reported in: 2003(3)JKJ154
Nisar Ahmad Kakru, J. 1. In pursuance of the advertisement notice, the petitioner applied for the post of Assistant Professor in the specialty of General Medicine. Selection was made on the basis of evaluation of the research work and performance in the interview. The process clinched in selection of respondents 4 to 6 which is questioned through this writ petition. During the pendency of the writ petition, the petitioner moved an application seeking a direction against the respondents for his appointment against the vacant post of Assistant Professor. In response to the application, Mr. Magray admitted that one of the. Assistant Professors has abandoned his services and post is lying vacant against which the petitioner can be adjusted if Court permits. The statement so made at the bar makes it easy enough to pass a direction for appointment of the petitioner, yet with a view to ensure that such direction does not confer any undue advantage upon the petitioner which may enable him to s...
George HussaIn Sangeen and ors. Vs. State of J and K and ors.
Court: Jammu and Kashmir
Decided on: Jun-12-2003
Reported in: 2003(3)JKJ157
Nisar Ahmad Kakru, J.1. The petitioner Junior Engineers (Civil) were assigned the charge of Assistant Engineers in their own pay and grade. This stop gap arrangement is undone by the Government vide Order No. 138/Works of 2003 dated 1.4.2003, consequently, this writ petition, inter alia, on the ground that the Government has not correctly determined the number of vacancies falling within the quota of degree holders. Respondents have refuted the contention stating that in pursuance of the judgment of the Supreme Court in Suraj Prakash Gupta v. State of Jammu & Kashmir, a high power Committee was constituted and the report submitted by the Committee on 22.10.2000 was approved by the Government on 27.12.2001, consequently, guidelines came to be formulated which enjoin upon the respondents to adhere to the ratio envisaged by rules in all cases of appointment immaterial whether it is temporary, stop gap or ad hoc and in adherence to the said guidelines coupled with mandate of the judgment, ...
Dr. Rohul Jabeen and ors. Vs. Skims and ors.
Court: Jammu and Kashmir
Decided on: Jun-12-2003
Reported in: 2003(3)JKJ457
Nisar Ahmad Kakru, J. 1. The Petitioners came to be selected as Stipendiary Senior Residents by Order No. ACAD/98/95 dated 08.05.1995 in Sher-E-Kashmir Institute of Medical Sciences, Srinagar (SKIMS for Short) on tenure basis for a period of two years on the conditions stipulated in the annexure thereto. I terms of condition 10, on expiry of two years tenure term, they are deemed to have been relieved. By medium of this writ petition they are seeking their appointment on the posts of Assistant Professors in Community Medicine. Along side a CMP was filed and an ad interim relief was granted way back in the year 2001. Ever since petitioners are continuing on the strength of the said interim direction. Endeavor of the petitioners to continue in SKIMS is vehemently opposed by Mr. Magray placing reliance on the judgement of the Division Bench of this Court passed in LPA No. 144/99 titled SKIMS Versus Dr. Makhmoor Rauf Jeelani which has the effect of maintaining the judgement of the Single B...
Jammu Sanitary/Food Inspectors (Medical) Vs. State of J and K and ors.
Court: Jammu and Kashmir
Decided on: Jun-12-2003
Reported in: 2003(3)JKJ502
R.C. Gandhi, J.1. This appeal has been directed against the judgment dated 19.11, 99 passed in SWP No. 97/94 whereby petition of the writ petitioners has been dismissed, wherein petitioners were claiming payment of monthly allowance equivalent to 21/2 days in terms of Government Order Not 274-HME of 1991 issued on 4.3.1991.2. Appellants, Sanitary/Food Inspectors presented the writ petition before the Learned Single Judge seeking relief to quash the letter No: DFO/Accounts/93-94/ Budget/5405-5520 dated 20.8.93 and to restrain the respondents from denying the benefit of the Government order Not 274-HME of 1991 dated 4.3.1991.3. Earlier, the respondents issued Govt Order Not 652-HME of 1989 dated 22.8.1989, according sanction of monthly allowance equivalent to 21/2 days pay and allowances (basic pay. D-A and Special pay) in favour of those categories of the Non-Gazetted Para Medical Staff of Health and Medical Education Department, who are required to perform duties on Sundays, Gazetted H...
Brij Lal and anr. Vs. Savitri Devi and ors.
Court: Jammu and Kashmir
Decided on: Jun-11-2003
Reported in: 2003(3)JKJ437
1. This Letters Patent Appeal has been directed against the judgment and order dated 30.6.1999 passed by the learned Single Judge in OWP No. 769/86, remanding the case back to the Deputy Custodian General to hold denovo enquiry and as appropriate orders. 2. Facts and circumstances which are necessary for the disposal of this LPA are that: 3. Deputy Nath, having family of three members, was allotted 18 kanals 18 marlas of land bearing Survey Nos. 194, 193, 239, 243, 445, 475 and 194 of village Jasoore tehsil R.S. Pura, in terms of Cabinet Order 578-C of 1954. 4. Deputy Nath and his widow Bhagwanti died in the year 1964 and 1977 respectively (the exact month and year regarding the death of Bhagwanti is not established). Savitri Dcvi daughter of Deputy Nath was the sole survivor in the family of Deputy Nath. Savitri Devi was married to Yog Raj had his own allotment of land measuring 11 Kanals 17 marlas. The family of Yog Raj consisted of three members i.e self, wife and daughter. Appellan...
Collector, Land Acquisition and anr. Vs. Jugmohan Sing and anr.
Court: Jammu and Kashmir
Decided on: Jun-10-2003
Reported in: 2003(3)JKJ206
Y.P. Nargotra, J.1. This is an appeal against the order and decree dated 31.12.2002, passed by District Judge Baramulla upon a reference made to him under Section 18 of Land Acquisition Act, (hereinafter called the Act), by the Collector (ACR) Baramulla.2. It appears that Collector Land Acquisition issued notification under Section 4 of the Act for acquisition of the land measuring 44 kanals and 18 1/2 marlas for construction of satellite market at Kanipora Baramulla on 22.4.1999. The notification under Sections 6 & 7 was issued by the Government on 28.7.1999, and notification under Section 9, 9(a) being issued on 19.8.1999, the land owners in order to show what was the market value produced and relied upon five sale deeds before the Collector. The Collector Land Acquisition also visited the spot and in his tentative award fixed the market value at the rate of Rs. 3.00 lacs per kanal for the land measuring 14 kanals and 10 marlas which was admittedly on the National Highway and at the ...
Anoop Mirakhur and ors. Vs. Mohan Lal Dhar and anr.
Court: Jammu and Kashmir
Decided on: Jun-10-2003
Reported in: AIR2004J& K14,2003(3)JKJ460
S.K. Gupta, J. 1. This Civil Ist Misc. Appeal is preferred against the judgement and order dated 12.03.2001 propounded by the learned District Judge, Jammu in File No. 8 Civil Original Suit Anoop Mirakhur and Ors. v. Mohan Lal Dhar and Anr. whereby the appellants/plaintiffs application for ad interim injunction in a suit for partition was rejected. 2. The short controversy that arises between the parties revolves around a narrow compass. A dwelling house explicitly delineated in the title of the plaint and further described in the rough sketch map annexed with the plaint stood, in the ownership of one Jia Lal Dhar, who died in the year 1979 leaving behind his two sons namely, Mohan Lal Dhar and Jawahar Lal Dhar and one daughter Suman Mirakhur. The daughter Suman Mirakhur also died in the year 1997. She left behind her two sons and daughters plaintiffs No. 1 to 4 and husband plaintiff No. 5 as legal heirs. It is also stated that the mother of plaintiffs No. 1 to 4 and wife plaintiff No....
Ghulam Hassan Mir and ors. Vs. State of J and K and ors.
Court: Jammu and Kashmir
Decided on: Jun-10-2003
Reported in: 2003(3)JKJ418
V. K. Jhanji, ACJ1. Letters Patent Appeal No. 241/19998 has been directed against order dated 6th April, 1998 passed in writ petition, SWP No. 2509/94, by the learned Single Judge, dismissing the writ petition. Letters Patent Appeal No. 283/98 has been directed against order dated 19th August, 1998 passed by another learned Single Judge of this Court in writ petition, SWP No. 90/98, dismissing the writ petition. Letters Patent Appeal No. 283/98 has been directed against dated 19th August, 1998 passed by another learned Single Judge of this Court in writ petition, SWP No. 90/98, dismissing the writ petition. Since the two appeals involve identical relevant facts and common questions of law and, in fact, the two appeals have been clubbed together, therefore, we proceed to dispose of both the appeals by this common order. However, while adverting to the facts and the observations made in the impugned judgements, we would refer only to the judgement out of which LPA No. 241/98 arises as, o...
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