Jammu and Kashmir Court July 2003 Judgments
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Mst. Azizi Vs. Mst. Fata
Court: Jammu and Kashmir
Decided on: Jul-31-2003
Reported in: 2003(3)JKJ626
Syed Bashir-ud-Din, J.1. This writ petition is directed against the order dated 9.8.2000 in file No. 103 of 2000 of Financial Commissioner Revenue where-under mutation 189 of Village Behama is annulled in revision after condoning the delay.2. Respondent mst. Fata filed a revision before settlement Commissioner against mutation 189 of village Behama of Tehsil Ganderbal, whereby her name was removed from revenue record. The revision was resisted by present writ petitioner, respondent before the Settlement Commissioner on the ground that the revision was time barred. However, the Settlement Commissioner overruled the objections and set the revision petition for hearing on merits.3. Petitioner mst. Azizi filed a revision against the order of Settlement Commissioner. The Financial Commissioner summoned the record and once seized of the record, he upon hearing the counsel for the parties set aside the mutation order of Tehsildar after condoning the delay and disposed of the revision on merit...
Executive Engineer and anr. Vs. Naik Alam Paswal and anr.
Court: Jammu and Kashmir
Decided on: Jul-31-2003
Reported in: 2004(1)JKJ145
Muzaffar Jan, J.1. Application has been submitted praying for condonation of delay of 105 days in filing the review petition against the order dated 6.9.2002.2. It seems that claim petition was filed before the Commissioner. Under Workman Compensation Act, Assistant Labour Commissioner, Kupwara, by non-applicant No. 1. The claim petition was considered on merits and allowed. The award came to be challenged by the present applicants in CIA No. 49 of 2002. As there was no representation on behalf of the applicants and it was observed that, the award amount has not been deposited, the appeal was dismissed vide order dated 6.9.2002. The present application, seeking condonation of delay, has been submitted praying to condone the delay to enable the applicants to file review petition against the order of dismissal dated 6.9.2002.3. The main submissions made in the application are, that the applicants had engaged the services of Mr. A. M. Watali, Government Advocate, who did not inform the ap...
Ghulam Qadir Mir Vs. Union of India (Uoi)
Court: Jammu and Kashmir
Decided on: Jul-31-2003
Reported in: 2003(3)JKJ528
Syed Bashir-Ud-Din, J.1. MACT, Srinagar in claim petition No, 52/95 allowed the claim in the sum of Rs. 2,27,000/- with 9% interest from the date of application till realization against the applicant before this Court and respondent before MACT, in respect of vehicular accident that took place on 30. 7.1995, when respondent No. 3 was on the steering of the CRPF vehicle bearing registration No. DL-JL-1724. The Motor Accident Claims Tribunal's order dated 9.9.2002 shows that respondents have Participated in the proceedings. The claim is contested. Written statement is filed and issues are raised. Parties have led evidence and examined witness. The award was pronounced in presence of the counsel for the parties. Against this award of the MACT, respondent has filed CIMA on 3.4.2003, alongwith an application for condonation of delay of 100 days in filing the appeal.2. The ground set out in the application seeking condonation of delay and as also focused on during submissions is that the mat...
Syed Mohammad Yousuf Vs. State and ors.
Court: Jammu and Kashmir
Decided on: Jul-31-2003
Reported in: 2003(3)JKJ537
Syed Bashir-ud-din, J.1. Petitioner along with many other persons is booked in FIR No. 88/95 under Sections 420, 468, 471, 120B RPC read with Section 5(2) of Prevention of Corruption Act, on incriminating allegations that the accuse including the petitioner conspired and brought about spurious and fraudulent orders in the name of the Government appointing large number of people fictitiously as teachers in education department in various districts of the State. Petitioner pleaded innocent and not involved in any manner in the scam and fraudulent appointments & prayed for bail in anticipation of arrest in the motion before the Court of Anti-corruption. However, the learned Special Judge, Anti Corruption Kashmir rejected the application by its order dated 23.11. 2002. This order is impugned in revisional jurisdiction before this court. The revision petitioner/accused's counsel submits that the accused has been earlier granted bail in this FIR by Munsiff Judicial Magistrate Dooru, therefor...
Alson Industries Complex Pvt. Ltd. Vs. State of ors.
Court: Jammu and Kashmir
Decided on: Jul-31-2003
Reported in: 2004(1)JKJ142
Muzaffar Jan, J. 1. Application has been submitted, seeking condonation of delay of 352 days in filing the application for restoration of OWP. No. 624/1994, which came to be dismissed on 12.12.2000 for want of prosecution.2. As the application for restoration of the writ petition was not filed within the time permitted for filing the same, the present aplication seeking condonation of delay has been filed on the main submissions that the applicants had to migrate from the Valley in the year 1991. The counsel appearing on behalf of the applicants in writ petition No. 624/94 did not inform the applicants about the date of dismissal of the writ petition. It was on one of the visits of the applicant to Valley, in connection with some demand notice issued by Sales Tax Auithority, that the applicant got the knowledge in the last week of August, 2001, about the dismissal of the writ petition on 12.12.2000. It is further submitted that the applicant had taken all steps required under law to en...
Zulfikar Majid Shah Vs. State
Court: Jammu and Kashmir
Decided on: Jul-31-2003
Reported in: 2004CriLJ998
ORDERSyed Bashir-Ud-Din, J. 1. One Zulfikar Majid Shah has been arrested in FIR No. 135/03 registered at P/S Anantnag u/Ss. 302, 364, 109, RPC and 7/25 I.A. Act in connection with kidnapping/abduction and murder of one Irfan Majid Sheikh at Anantnag. On behalf of this accused two applications one for bail and another for transfer of the case have been filed.2. During pendency of the bail application final report Under Section 173, Cr.P.C. (Challan) was filed in the Court of competent Jurisdiction at Anantnag. Mr. S. T. Hussain Ld. Counsel for the applicant is candid enough to submit that the accused stands committed to session's Court for trial at Anantnag. In view of this circumstances, on 14-7-2003 it is observed,' obviously above raised question can be taken up, before the Sessions Court seized of the matter.' The prayed bail for the accused on legal and factual questions/queries raised thereto are left to be addressed before the Sessions Judge who is to try the case. This should be...
Shakuntala Devi Vs. State
Court: Jammu and Kashmir
Decided on: Jul-30-2003
Reported in: 2003(3)JKJ601
Y.P. Nargotra, J.1. This revision petition is directed against an order dated 24.4.2003 passed by learned Addl. Sessions Judge Jammu in case titled State v. Rajesh Kumar and Anr. In the above titled session case a witness, namely Shakuntla Devi was produced by the prosecution. Her statement could not be recorded because counsel for the accused was not present and same was the position on the previous date also. Faced with this situation learned trial court directed the accused to pay an amount of Rs. 500/- as expenses to the witness, Shakuntla Devi on the next date of hearing. It was further directed in the said order by the learned trial court that unless the expenses are paid, statements of the prosecution witnesses shall not be recorded. Accused-petitioners have challenged the legality of the said order in the present revision petition on the ground that they are very poor so cannot afford to pay Rs. 500/- and even otherwise, according to learned counsel for the petitioner, the orde...
Sheikh Mohd. Anwar and ors. Vs. State of J and K and ors.
Court: Jammu and Kashmir
Decided on: Jul-28-2003
Reported in: 2004(1)JKJ459
Muzaffar Jan, J.1. The writ petition has been submitted praying for direction to the respondents to complete the investigation in FIR No. 21 of 1995 for offence under Section 302 R.P.C and to pay compensation of 50.00 lacs on the death of Sheikh Mohammad Yasir and Rs. 1.25 crore on the death of Mohammad Yousuf Bhat.2. The main submissions made in the petition are that the regular Army 2- Granade Bn. and 84, 81 and 15 BNs. of B.S.F., on 20.01.1995, during search and cordon operations apprehended Sheikh Mohammad Yasir and Mohammad Yousuf Bhat by entering in their houses situated at Dan-derkhah, Batmaloo, and killed both the boys without any justification, in abject disregard of law. An FIR No. 21 of 1995 under Section 302 R.P.C. was lodged. It is submitted that on completion of the investigation, no case was made out against any person and the case was treated as closed.3. While admitting that search and cordon operation was conducted on 20.01.1995 in the Batmaloo area, the stand and sub...
Muhammad Ismail Mir Vs. State of J and K
Court: Jammu and Kashmir
Decided on: Jul-25-2003
Reported in: 2004(1)JKJ135,(2004)IILLJ702J& K
Nisar Ahmad Kakru, J.1. The petitioner a lineman in the Power Development Department is sought to be superannuated on retirement at the age of 58 years by impugned communication which is called in question by medium of this writ petition on the ground that lineman's post is borne on the inferior service therefore entitled to continuation till he attains age of sixty years. Contesting the claim it is averred by the respondents in their reply that a 'Lineman' does not come, within the purview of, inferior service. In this backdrop, the case turns around the interpretation of Regulation-226 of the rules called the 'Jammu & Kashmir Civil Service Regulations, 1956' and provisos I & II attached thereto relevant to the controversy in issue which may be extracted:'226 [(1)] An officer shall retire compulsory on his ataining the age of 55 years, Unless the competent authority considers him efficient and permits him to remain in service]. He may, however, be retained in service after the date of...
J and K Bank Ltd. and anr. Vs. Srinagar Carpet Company
Court: Jammu and Kashmir
Decided on: Jul-21-2003
Reported in: 2004(1)JKJ380
V.K. Jhanji, A.C.J. 1. This Appeal is directed against judgment and order dated 4th September, 1998 passed by the Jammu and Kashmir State Consumers Protection Commission, Srinagar (hereinafter referred to as the Commission), whereby the Commission has allowed the complaint of the respondent against the appellant-Bank. Before adverting to the quantum of compensation awarded by the Commission and other directions made by it in the impugned judgment a resume of the relevant facts is given hereunder.2. The complainant-firm namely, the respondent herein, is stated to be dealing in the manufacture, supply and export of Kashmir hand-made/hand-knotted woollen and silken carpets, and enjoying the banking facilities offered by the Opposite Party, namely, the appellant-Bank herein. In its complaint before the Commission, the respondent alleged that being a regular consumer of the services offered by the appellant-Bank, a Bills Purchase Limit of Rupees fifty lacs (Rs. 50,00,000) and a Packing Cred...
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