Jammu and Kashmir Court October 2004 Judgments

Abdul Rahim Shoru Vs. Jawahir Lal Koul Jalali and ors.

Court: Jammu and Kashmir

Reported in: 2005(1)JKJ480

Nisar Ahmad Kakru, J.1. Respondent No. 1 on the one hand had to migrate due to turmoil the valley is going through and on the other he is deprived of his proprietary rights by Naib Tehsildar Buchhwara by sheer stroke of his pen without hearing him, obviously, the old adage 'misfortunes never come alone' is aptly attracted traceable to order of mutation dated 28-06-1992 passed against a dead person namely Pandit Prem Nath Jalali favoring another dead person namely Sidiq Bhat one of the beneficiaries of the mutation. Being aggrieved, the order came to be challenged before the Financial Commissioner which was resisted on the ground of being barred by limitation but the objection could not sustain, consequently turned down by order dated 13-08-2003. It is the said order which is impugned by medium of this writ petition contending that appeal has to abate, for, some of the tenants were dead on the date of institution of appeal. To bring home the point, the learned counsel for the petitioner...

Ghulam Mohammad Numberdar and ors. Vs. Mohd. Bhat and ors.

Court: Jammu and Kashmir

Reported in: 2005(1)JKJ325

S.N. Jha, C.J.1. This second appeal by the plaintiffs is directed against the judgement of reversal. The trial court decreed the suit, the lower appellate court set aside the judgement and dismissed the suit.2. The plaintiffs filed the suit in representative capacity in terms of Order 1 Rule 8 of the Civil Procedure Code claiming to represent the interests of inhabitants of 101 villages, compendiously described as Khulwalas, against the inhabitants of 25 villages described as Arahwalas, in Tehsil Budgam represented by defendants 1 to 25. Later defendants 27 to 62 were added in view of the dispute raised by the Arahwalas regarding the number of villages on their side. The State Government through Chief Secretary/Commissioner was impleaded as defendant No. 26. The suit was for declaration that the plaintiffs alone are entitled to the water of Nalla Shaliganga and its four distributaries, namely, Lani, Jani, Sonmai and Naukul khuls in Tehsil Budgam in which defendants have no right, and f...

Pawan Kumar Sharma and Tariq Ahmed Mughal Vs. Romesh Kumar Samotra and ...

Court: Jammu and Kashmir

Reported in: 2005(1)JKJ103

S.K. Gupta, J.1. We have heard M/s Abhinav Sharma and Irfan Noor, learned counsel appearing for the appellants as also Mr. B.S. Salathia, Sr. AAG, Mr. Vinod Bakshi, Dy. AG, Mr. J.S. Kotwal, Senior learned counsel, on Caveat and Mr. Rajinder Singh Jamwal, learned counsel for their respective respondents, in extenso, in both the appeals. We have also perused the record meticulously.2. Both these Letters Patent Appeals arising out of the same judgment and order dated 22-9-2004 passed by learned Single Judge in batch of Writ Petitions, bearing SWP No. 1436/2000, entitled S. Gurmeet Singh and Anr. v. State of Jammu and Kashmir and others; SWP No. 1502/2000 entitled Rajesh Kumar and Anr. v. State of Jammu and Kashmir and ors.; SWP No. 1674/2000 entitled Romesh Kumar Samotra and Ors. v. State of Jammu and Kashmir and Ors.; SWP No. 1080/2000 entitled Sanjay Salmi v. State of Jammu and Kashmir and Ors. and SWP No. 966/200, are being disposed of by this common judgment.3. By means of the aforesa...

Sukhdev and anr. Vs. Financial Commissioner and ors.

Court: Jammu and Kashmir

Reported in: 2005(1)JKJ151

Permod Kohli, J.1. Petitioners and respondent-2 are sons of late Devi Ditta from different wives.Respondent-2 from the first wife whereas petitioners are from the second wife. Devi Ditta died in the year 1953 and his estate devolved upon the petitioners and respondent-2. Mutation No. 31 came to be attested on 14.6.1955 in favour of the petitioners and respondent-2 where under 50% share of the estate of the deceased, has been allowed in favour of petitioners and 50% in favour of respondent-2 on the basis of some alleged custom of' Choonda Wand'. At the time of death of Devi Ditta, rule of inheritance was governed by old Hindu Law and was based upon the rule of survivorship. Two collaterals of Devi Ditta namely; Charan Dass and Sadhu Ram also had landed property. Charan Dass died issueless in the year 1953 and his share in the estate devolved upon his real brother Sadhu Ram. Sadhu Ram also died issueless in the year 1955. His estates also devolved upon the petitioners and respondent-2 be...

Sham Lal and anr. Vs. State of J and K and ors.

Court: Jammu and Kashmir

Reported in: 2005(1)JKJ146

Permod Kohli, J.1. Aggrieved of Government Order No. 390/HME/03 of 2003 dated 21.4.2003 issued by the Health, Family Welfare and Medical Education Department rescinding the appointment of the petitioners, petitioners have approached this court seeking quashment of the aforesaid order with a further direction to allow them to continue to work on the post of Pharmacist (Medical Assistant); and further restraint order not to terminate the services of the petitioners based upon the impugned order. Vide interim order dated 12.5.2003, operation of the impugned order was stayed.2. Facts leading to filing of present petition are summarized:Pursuant to advertisement notice issued by the J&K; Service Selection Recruitment Board for the posts of Medical Assistants, petitioners applied alongwith others. Minimum qualification prescribed for the post was 10+2 with diploma of Medical Assistant from the J&K; State Medical Faculty. Both the petitioners claiming themselves to be eligible, applied for th...

Daljit Singh Vs. State and ors.

Court: Jammu and Kashmir

Reported in: 2005(3)JKJ250

S.K. Gupta, J.Objections have been filed.Petition is admitted to be heard.1. Learned counsel for the respondents submit that objections already filed be treated as counter. On the consensus of learned Counsel appearing for the parties, the petition is taken up for final disposal.2. Petitioner was appointed as dealer by respondent No. 2, Bharat Petroleum Corporation Limited for running an outlet under the name and style of Bharat Motors and Cycle Company, Below Gumat, Jammu. It appears that the officers of Consumer Affairs and Public Distribution Department visited the retail outlet of the petitioner on 20.2.2003 and lifted Motor Spirit and High Speed Diesel samples. Respondent No. 1 got the samples tested on 19.4.2003 from Directorate of Forensic Science Laboratory, Jammu. Accordingly report No. 284/FSL dated 19.4.2003 was prepared which discovered that Exhibit No. K-112/2003 was identified as an admixture of Diesel and Kerosene oil. Based on this report, respondent No. 1 shot of an co...

Khalid Tanveer and ors. Vs. State and ors.

Court: Jammu and Kashmir

Y.P. Nargotra, J.1. J&K; Service Selection Board Jammu by its Notification No. 03 of 2004 dated 14.9.2004 has invited applications in the prescribed format from the candidates who are permanent residents of the J&K; State for filling up the vacancies indicated from S.No. 1 to 76 of the notice in the State/Division/District cadre. One of the categories of posts is Junior Engineer in the State Public Works Department. The qualification prescribed for the said post is Degree in Civil Engineering or AIME Section (A&B;) India or Three years Diploma in civil engineering from a Government recognized institute. The applications as per the notice can be personally delivered in the office of the Selection Board up to 14.10.2004 and by post up to 21.10.2004 in the offices indicated in the notice. The petitioners are desirous of offering their candidature and in this behalf intend to apply in response to the advertisement notice. Their grievance is that their applications are not being entertained...

Sagra Singh and ors. Vs. State of J and K

Court: Jammu and Kashmir

Reported in: 2005(3)JKJ440

S.K. Gupta, J.1. This appeal is directed against the order of conviction propounded by Special Judge, Anti-Corruption, on 26-11-1992, whereby he has sentenced Sagra Singh, Tara Chand and Rishi Kumar to undergo two years' rigorous imprisonment and a fine of Rs. 1,000/- each, in proof of offence under Section 5(2) of the Prevention of Corruption Act, 2006 (BK) and in default of making payment of fine, to further suffer six months' imprisonment each.2. The facts relevant for the disposal of this appeal, gatherable from the record, may, in resume, be noticed. All the four accused, namely, Sagra Singh, Tara Chand, Rishi Kumar and Mani Ram, posted in Nowabad Police Station, Jammu, were detailed on patrol duty in the night intervening 5/6 November, 1985, in the area. During the course of patrolling, when they reached near Vinayak Chowk near 'U-Like Dhaba', they found Subash Chander and Gul Mohd. in altercation with the owner of the Dhaba, who had demanded Rs. 30/- for meals they had taken at ...

Tarlok Chand Mahajan Vs. State

Court: Jammu and Kashmir

Reported in: 2005(3)JKJ486

S.K. Gupta, J.1. This application has been initiated for grant of bail to applicant, Tarlok Chand Mahajan, facing trial for commission of offence under Sections 302/452 RPC, 3/25 Indian Arms Act, before learned 2nd Additional Sessions Judge, Jammu, being at the stage of recording prosecution evidence.2. The allegations against the accused enumerated from record, are that on 27.9.2000, at Industrial Area Gangyal, the accused with criminal intention to commit the murder of Rahul Sharma, a disabled person, clandestinely forced his entry into the Factory premises (Olympian Paints) of Rahul Sharma, with a loaded revolver, dragged him from the office of the factory and fired two rounds on him with the revolver in his possession as a result of which Rahul Sharma died and further the licence of the revolver used in the commission of offence was not renewed on the date of commission of offence.3. After registration of case under FIR No. 485/2000, police swung into action and on conclusion of th...

Sudesh Kumar Vs. Roop Chand and anr.

Court: Jammu and Kashmir

Reported in: 2005(1)JKJ379

S.K. Gupta, J.1. Through the medium of this application, under Section 561-A Cr.P.C. modification/clarification of order passed by this court on 2.9.2003 in Cr. Revision No. 63/2003 is sought along with an application for condonation of delay.2. Petitioner appears to have filed an application before Sub Divisional Magistrate, Reasi, for initiating proceedings under Section 145 Cr.P.C. alleging therein that he was in possession of land measuring 82 kanals and 7 marlas contained in survey No. 51, located in village Suketar near Sule Nursery, Reasi, as its owner. He further stated to have been cultivating the said land through his employee Mohd Din. The respondent, however, managed the Girdawari entries in his favour, by taking the benefit of being owner in possession of an adjoining piece of land and started fencing it with the purpose to grab the same. The petitioner further stated to have when objected the respondent not to take forcible possession of his land, but the respondent threa...