Jammu and Kashmir Court August 2003 Judgments
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Mushtaq Ahmad Bhat Vs. State of J and K and ors.
Court: Jammu and Kashmir
Decided on: Aug-30-2003
Reported in: 2003(3)JKJ669
Syed Bashir-ud-Din, J. 1. Subject Mushtaq Ahmad Bhat, was detained on 24.1.2000 under Order DMS/PS/153 dated 17.1.2000 for a period of 24 months under Section 8 of the Jammu and Kashmir Public Safety Act 1978. This order expired on 23.1.2002. During the above period of detention, detenu was lodged in Kotbulwal Jail Jammu from 24.1.2001 to 1.7.2000 and from 2.7.2000 (on being shifted to Srinagar to face trial in a regular case in the court of law at Srinagar), he was lodged and detained in Central Jail Srinagar till 14.1.2002, when on 15.1.2002 he was shifted back to Jammu Jail under orders of the Government. This detention order dated 17.1.2000 (expired one) and consequent detention was challenged by the detenu in H.C. Petition 50/2000. This petition was dismissed as infractuous after the detenue served out the whole ordered period of detention. Even earlier to that detenu has been in detention and the detention order thereto had been challenged in H.C. Petition 8/2002, which petition ...
National Insurance Co. Ltd. Vs. Gh. Mohd. Wani and ors.
Court: Jammu and Kashmir
Decided on: Aug-30-2003
Reported in: 2004ACJ1424
Syed Bashir-ud-din, J.1. In Claim Petition No. 32 of 2000, the M.A.C.T. (District Judge, Pulwama) has by order dated 8.8.2002 awarded compensation in the sum of Rs. 4,00,000 to the claimant parents of one Sheeraz Ahmed Wani with 6 per cent simple interest from the date of filing of the petition (15.3.2000) till realization. This award is impugned in this appeal by National Insurance Co. Ltd.2. The counsel for the appellant insurance company has made twofold submissions. First that the award is on higher side and second, that the owner and driver of the vehicle are to be saddled with liability to pay the award amount as the driver, respondent No. 1, is found by the Tribunal driving the offending vehicle on the material date without driving licence. Counsel for the claimants in reply has defended the award on the ground that the compensation has been awarded in terms of law as assessed on evidence on record. It is conceded that driver respondent No. 1 is without a valid licence. But even...
Habib Hisham Pandit Vs. State and ors.
Court: Jammu and Kashmir
Decided on: Aug-30-2003
Reported in: 2003(3)JKJ493
Sayed Bashir-Ud-Din, J.1. Petitioner has been initially taken in custody on 14/15 Sept. 2002 in FIR No. 109/2002 Under Section 7/25 LA. Act, registered at Police Station M.R. Gunj, Srinagar. During the punitive detention, he was detained under Section 8 of J&K; P.S. Act by District Magistrate, Srinagar under his order No. DMS/PSA/76 dated 31.10.2002. This preventive detention order and the consequent detention is under challenge in this petition. Though, the order is challenged on number of grounds but the counsel has urged following two grounds in support of his submission to assail the order of detention.2. First, the counsel submits that the material like copies of grounds order of detention, dossier etc. has not been furnished to the detenu and thereby the detenu is prejudiced.Second, that the petitioner moved representation to the government, which representation has not been considered either by the detaining authority or the Government and thereby his constitutional and statutor...
Fatima (Mst.) Vs. State of J and K and ors.
Court: Jammu and Kashmir
Decided on: Aug-30-2003
Reported in: 2003(3)JKJ498
Sayed Bashir-Ud-Din, J.1. The investigation in FIR No. 185/01 registered at P/S Budgam culminated in sending up accused for trial Under Sections 336, 427 and 506 RFC, after police filed its final report Under Section 173 Cr. P.C. (challan) in the court of CJM Budgam on 23.11.2001. Respondents 2 to 4 are named and shown as accused in the case. While the case was pending for initial proceedings, Sr. Prosecutor Officer (SPO) moved an application on 21.5.2002, for arrangment of the other three respondents 5 to 7, as accused in the case. After objections were filed the matter was heard by the CJM Budgam who passed order on 31.8.02, allowing the application and arraigned respondents 5 to 7 as accused in the case and issued bailable warrants against each to appear and face the trial. This order is under challenge in this petition under 561-A Cr.P.C.2. The order is challenged on the ground that the impleaded accused respondents 5 to 7 were not heard before the order was passed. There is no pro...
Mst. Haleema and ors. Vs. Sheikh Ab. Aziz
Court: Jammu and Kashmir
Decided on: Aug-30-2003
Reported in: 2003(3)JKJ547
Syed Bashir-Ud-Din, J.1. This appeal is directed against revocation order of the succession certificate dated 19.5.2003 by District & Session Judge, Srinagar in Succession case No. 43/01.The succession certificate was issued in favour of petitioner No. 1 widow of the extent of l/8th and alleged daughter petitioner No. 2 the extent of 7/8th, consequent on death of one Sheikh Nazir Ahmed. As indicated in the order and certificate, Haleema and Rehana (widow and alleged daughter) moved application Under Section J&K; Succession Certificate Act 1976 (1920 A.D.) before District Judge Srinagar in respect of an amount of Rs. 2, 86, 836/-lying in the Saving Bank A/c No. 9964 and medi-claim with the Govt. due for payment to deceased Sheikh Nazir Ahmed. In the certificate proceedings except these two no one was arrayed as party or shown as non-applicant. The District Judge, Srinagar issued certificate in favour of the petitioner in the ration of 1/8 : 7/8 in respect of above debt to the widow and ...
Afroza Akther Vs. State of J and K
Court: Jammu and Kashmir
Decided on: Aug-30-2003
Reported in: 2003(3)JKJ549
Syed Bashir-Ud-Din, J.1. Petitioner was appointed against class IV post in Health Department by Chief Medical Officer, Anantnag (respondent No. 3) on 9.3.1998 against the resultant vacancy caused by promotion of incumbent of such post (Annexure-A). Petitioner has alleged that her appointment is within the competence of Chief Medical Officer and has been in accordance with the rules. However, her service record is not maintained and she suspects official respondents are bent upon to terminate her service arbitrarily and malafide. Petitioner also alleges that even from the letter of Block Medical Officer to Chief Medical Officer Anantnag (Annexure-B) seeking clarification regarding appointment of petitioner who is stated to have worked upto 31.3.1999, her status thereafter is that she is working and there is no such thing as her termination from the post. Petitioner has prayed for reliefs) of regulariza-tion of service and quashment of termination of appointment, if any, and maintenance ...
Mst. Sarwa Begum and ors. Vs. State of ors.
Court: Jammu and Kashmir
Decided on: Aug-30-2003
Reported in: 2003(3)JKJ622
Syed Bashir-Ud-Din, J.1. The order dated 9.5.2001 of District Judge Budgam in review application No. 60/2000 in terms allowing the Review of Order dated 1.4.2000 and succession certificate dated 10.4.2000, is under challenge in this petition under Sections 103 and 104 of the Constitution of J&K; State, corresponding to Articles 226 and 227 of the Constitution of India.2. One Hilal Ahmad Sr. Grade constable of Police department posted at P/s Parimpora Srinagar died in harness. His mother Sarva Begum moved an application for Succession certificate in respect of the amount due to the deceased as ex-gratia, leave salary, GP Fund and out of Welfare Police Fund and Janta insurance scheme. The District Judge Budgam allowed the application in succession file No. 60/2000 on 1.4.2000 and held Sarva mother of the deceased and Hassena wife of deceased entitled to the amount of Rs. 5, 98, 000/- with interest in the ratio of 3/4 and 1/4 respectively. Besides it is mentioned in the certificate that t...
Raj Kumar Vs. State of J and K and ors.
Court: Jammu and Kashmir
Decided on: Aug-29-2003
Reported in: 2004(1)JKJ285
Y.P. Nargotra, J.1. The short question involved in this petition is, whether a trial court can recall a witness who has already been examined and cross-examined at the behest of the accused simply on the ground that such witness had applied the court for making a fresh statement on the plea that the earlier statement made by him was not made truthfully?2. The petitioner are accused facing trial in the case State v. Raj Kumar and Ors. before the court as Ist. Addl. Sessions Judge Jammu for commission of the offences under Section 302, 452/34 RPC and 4/25 Arms Act. In the trial PWs.Ram Rakhi and Asha Devi stand already examined and cross-examined. However later on both the said prosecution witnesses filed an application before the trial court supported by an affidavit seeking their fresh examination as according to them they had made the false statement in their earlier deposition under the pressure of the police. The application of the prosecution witnesses was rejected by the trial cou...
Vikram Malhotra Vs. Central Bureau of Investigation
Court: Jammu and Kashmir
Decided on: Aug-29-2003
Reported in: 2004(1)JKJ318
Y.P. Nargotra, J. 1. The charge for commission of the offences under Section 306, 498A R.P.C has been framed against the accused petitioner by the learned Ist Additional Sessions Judge, Jammu by his order dated 01-08-2002.2. Aggrieved by the framing of the charge, the petitioner/accused has filed this petition seeking quashing of the challan by exercising jurisdiction under Section 561-A Cr.P.C or in the alternative for setting aside the order dated 01-08-2002 of the Trial court by invoking revisional jurisdiction of this Court.3. Shorn of details the necessary facts are being stated. The deceased Ashu was the wife of the petitioner, who committed suicide on 24-07-1998 in the evening in the bedroom of the house of the accused. She was married to the accused on 31-01-1998 as per Hindu rites. It is the case of the prosecution that in marriage sufficient dowry and gold ornaments weighing approximately 50 Tola along with house hold items etc. were given and on account of furniture, F.Ds ca...
T.R. Kalra Vs. State and ors.
Court: Jammu and Kashmir
Decided on: Aug-29-2003
Reported in: 2004(1)JKJ595
Y.P. Nargotra, J.1. 'Whether a Magistrate can on taking cognizance, implead a person as an accused in a case in which such person has not been arrayed as an accused by the investigating agency on the basis of record of the investigation submitted under Section 173 Cr.P.C.,' is the question arising for determination in this criminal revision.2. The petitioner was Director General of Prisons J&K; and in connection with purchase of medicines for the jail inmates during the years 1991-1992 a case was registered by the Vigilance Organization for commission of offence under Section 5(2) P.C.Act, read with Section 120B RPC. The investigating agency found the commisssion of the said offences by the accused which included the petitioner and the case was submitted to the Government for according sanction under Section 6 of the P.C.Act. The Government after examining the case declined to accord sanction in respect of the petitioner but accorded sanction for the trial of other accused named in the...
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