Jammu and Kashmir Court November 2004 Judgments
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Farooq Ahmed and anr. Vs. Skicc and ors.
Court: Jammu and Kashmir
Decided on: Nov-30-2004
Reported in: 2005(1)JKJ470
V.K. Jhanji, J. 1. This order shall dispose of writ petitions-SWPs No. 2377/01 and 2944/01.2. In these writ petitions, challenge is to two orders dt. 28th May' 01, appointing Sh. Shah Nawaz Ahmad, S/o Siraj-ud-Din Shah, R/o Ashmugam, Tehsil, Pehalgam, District Anantnag, as Research Officer in the pay scale of Rs. 7450-11500/- and Arshid Hussain Mir, S/o Sh. Ghulam Hassan Mir, R/o Salar, Anantnag, as Conference Co-ordinator in the pay scale of Rs. 6700-10700/- in Sher-I-Kashmir International Conference Centre (here-in-after referred to as SKICC).3. Initially, the maintainability of the writ petitions was questioned on the ground that SKICC is a Society registered under the Registration of Societies Act and its functioning is governed by its Board of Governors, has its own Bye-laws and is not an authority or instrumentality of State under Article 12 of the Constitution of India, and therefore, writ jurisdiction cannot be invoked.4. On 17th March' 04, official respondents were directed to...
Bashir Ahmad Allayee and ors. Vs. State
Court: Jammu and Kashmir
Decided on: Nov-29-2004
Reported in: 2005(1)JKJ505
H. Imtiyaz Russian, J.1. These three Letters Patent Appeals have been filed against the judgement of Ld. Single Judge passed on 4.6.2002 in SWP Nos. 2312/98 (Bashir Ahmad Allayee and Ors. v. State and Ors.) 3745/97 (Manzoor Ahmad Dar and Ors. v. State and Ors.), and 3833/97 (Farhat Sheikh v. State and Ors.). Since the LPAs arise out of one judgement and issues involved are common, these are being disposed of by this judgment.2. The facts are very short. Jammu & Kashmir Service Selection Board by means of an advertisement Notice No. 04 of 1997 dated 29.5.1997 invited applications from permanent residents of J&K; State for the posts of physical education teachers. Requisite qualification for the posts was prescribed as Metric with course certificate in physical education. Clause XV of the advertisement notice further provided that no application shall be entertained for District cadre posts from the candidates belonging to other District or who possesses an ambiguous permanent resident c...
Sheikh Abdul Rashid and ors. Vs. State of J and K and ors.
Court: Jammu and Kashmir
Decided on: Nov-29-2004
Reported in: 2005(1)JKJ601
S.K. Gupta, J.1. The petitioners, in both the writ petitions (SWF No. 1208/1986 and SWP No. 3586/1997), seek quashing of Order No. 1263 of 1985 dated 03-12-1985, passed by respondent-2 as a consequence of which respondents-3 to 134 who were brought on promotion list 'E' vide PHQ Orders No. 282 and No. 283 of 1978 dated 25-04-1978 barring those who otherwise stand disqualified and have not so far been promoted as Sub-Inspectors, shall be deemed to have been promoted as Sub-Inspectors for the purpose of seniority only with effect from 25-04-1978, the date when they were brought in promotion list 'E' to the disadvantage of the petitioners and consequential writ of mandamus directing the official-respondents not to take into consideration the impugned order of notional promotion for preparation of list-'F' or making promotions to the posts of Inspectors and declare the petitioners as senior to non-official respondents, who have been promoted to the posts of Sub-Inspectors after 25-04-1979....
Union of India (Uoi) Through Defence Estates Officer Vs. Mst. Freeni B ...
Court: Jammu and Kashmir
Decided on: Nov-29-2004
Reported in: 2005(2)JKJ22
H. Imtiyaz Hussain, J.1. This is a Letters Patent Appeal by the Union of India through Defence Estates Officer Srinagar against the judgment-dated 26.11.2001 passed by learned Single Judge in Civil 1st. Appeal No. 103/1998 (Mst. Freene Boga v. Union of India and Anr.).2. In view of the issues involved and the points raised, it is essential to give the facts in detail:Land measuring 1809 kanals and 16 marlas situate in village Khunmoh and Zawoora Tehsil Srinagar, was requisitioned under Requisitioning and Acquisitioning of Immovable Property Act 1968 (for short 'the Act') for Army on different dates between 09-10-1950 to 01-04-1961. The Military Estates Officer Kashmir Circle on 13-01-1977 requested the Dy.Commissioner Srinagar (prescribed authority under the Act) to initiate action for acquisition of the said requisitioned land. Before initiating acquisition proceedings under the Act, the prescribed authority made a reference to the Government (Home department) for their consent which ...
Karam Chand Thappar Vs. Manzoor Ahmad
Court: Jammu and Kashmir
Decided on: Nov-29-2004
Reported in: 2005(1)JKJ567
H. Imtiyaz Hussain, J.1. This is a Civil Miscellaneous Appeal against the order dated 28th Feb 2001 passed by Additional District Judge, Srinagar.2. The point involved in the present appeal is as to whether 'Hartal', which have become a common feature in the valley now, provides a sufficient ground to a defendant against whom an ex-parte decree has been passed, to get the decree set-aside under Order 9 Rule 13 Code of Civil Procedure.3. The respondent is owner of the R.C.C godown and a tin godown attached to it situated at Moulana Azad Road, Srinagar. The said godowns were leased out to the appellant by virtue of the lease deed on a monthly rent of Rs. 2337/-. The respondent filed the suit for ejectment against the appellant with the prayer that the decree for ejectment of the said godowns be passed in his favour and against the appellant on 30.11.1991. The suit was assigned to Additional District Judge, Srinagar who issued summons through registered post to the appellant on 30th Nov 1...
Yaqoob Laway and ors. Vs. Gulla and anr.
Court: Jammu and Kashmir
Decided on: Nov-29-2004
Reported in: 2005(3)JKJ122
Hakim Imtiyaz Hussain, J.1. This Civil Second Appeal is directed against the judgement and decree dated 31.12.1988 passed by the District Judge, Anantnag in Civil First Appeal against the judgement and decree passed by the Sub-Judge, Kulgam dated 28.2.1986 in COS titled Gulla v. Yaqoob Laway and Ors.2. The matter relates to adoption under customary law. The parties are Muslims and the dispute between them is on the landed property left by one Ismail Laway of village Hanand, Tehsil Kulgam.3. Gulla (Pisar parwarda) - contesting respondent No. 1 (hereinafter referred to as the plaintiff) filed a suit for declaration against Yaqoob Pisar Ismail Laway and others in the court of Sub-Judge, Kulgam on 08.11.1974. The plaintiff alleged that he was the adopted son of one Ismail Laway while as Yaqoob - appellant No. 1 and Mst. Hajira and others- appellant nos. 2 to 4 and proforma respondent No. 2 (hereinafter referred to as the defendant) were the issues of said Ismail Laway. Yaqoob was his son a...
Abdul Aziz Vs. State of Jammu and Kashmir Through Vigilance Home Secre ...
Court: Jammu and Kashmir
Decided on: Nov-25-2004
Reported in: 2005(1)JKJ80
S.K. Gupta, J.1. This appeal is directed against the order of conviction recorded by the Special Judge, Anti-Corruption, Jammu, in file No. 51/Anti-corruption dated 12/09/1997 vide which accused/appellant has been sentenced to suffer five years' rigorous imprisonment and a fine of Rs. 10,000/- in proof of offence under Section 5(1)(C) punishable under Section 5(2) of the J&K; Prevention of Corruption Act, 2006 BK.2. The case of the prosecution, depicted in narration, is that accused Abdul Aziz while posted as Naib Courty in the R. S. Pura Court was entrusted with case property relating to a case under F.I.R. No. 60/1989 including Rs. 2,100/- by P.W. Goverdhan Singh and the accused also issued receipt for the said property on the Rahdhari No. 28 dated 23/09/1989 at the time of production of challan in the Court of Judicial Magistrate Ist Class, R. S. Pura, and instead entering Rs. 2,100/- in the Register Malkhana, misappropriated the same. The accused, however, is stated to have entered...
Shakti Kumar Pathak Vs. Rattan Lal Sharma
Court: Jammu and Kashmir
Decided on: Nov-25-2004
Reported in: 2005(1)JKJ595
S.K. Gupta, J.1. In invoking the provisions of Section 561-A Cr.P.C, the petitioner, Shakti Kumar Pathak has sought quashment of criminal proceedings initiated against him by the Court of learned Sub-Judge, Judicial Magistrate Ist Class, Katra, on a complaint filed by the respondent, Rattan Lal Sharma.2. The factual matrix giving rise to the proceedings may be stated thus;3. Rattan Lal Sharma has filed a complaint against Shakti Kumar Pathak, Dy. S.P. Bhawan and Shiv Raj Singh, S.D.M. Bhawan, in the Court of learned Sub-Judge, Judicial Magistrate Ist Class, Katra, in alleging that he is an employee of one Sh. Subash Chander Gupta, Proprietor of Tridev Maharani Bhaint Bhander Shop No. 62, at Darbar Shri Mata Vaishno Devi Katra. It is further stated in the complaint that Shiv Raj singh, S.D.M. Bhawan, accused No. 2, has been causing harassment in connivance with Shakti Kumar Pathak, Dy. S.P. Bhawan to the complainant and other employees engaged by the owner to help the running of the sho...
Subash Chander Vs. Dr. R.K. Jerath, Principal Secretary, Works Departm ...
Court: Jammu and Kashmir
Decided on: Nov-25-2004
Reported in: 2005(1)JKJ303
Permod Kohli, J.1. Vide judgment dated 30.4.2001 passed in SWP No. 304/2000 titled Ved Singh v. State of J&K; and Ors., following direction was passed:'In view of the aforesaid discussion, this writ petition is allowed and respondents 1 and 2 are directed to operate the wait list which finds mention in File No. PN4-EstM/95 RE-II, Works Department Office PR Secy (Works) Section Co ordination on the subject Absorption of unemployed Engineers in Govt. Service ( constitution of committee) at its page 322, as Annexure-C duly signed by Secretary Service Selection Board, Jammu. By operating this list respondents 1 and 2 shall do the needful by issuing the appointment letters to such candidates in order of merit to make the number in RBA category to 36 in Civil Engineering, of course subject to fulfillment of other requirements as per law. Steps in this behalf will be taken on or before 15.6.2001 by respondents 1 and 2, No. costs.'2. This direction came to be issued in the background of the ci...
Subash Chand Vs. National Bank for Agriculture and anr.
Court: Jammu and Kashmir
Decided on: Nov-24-2004
Reported in: 2005(1)JKJ294
Permod Kohli, J.1. Petitioner stands dismissed vide impugned order dated 4.2.2000 passed by Managing Director of respondent-Bank arising out of two charge sheets dated 5.6.1996 and 13.1.1997 served upon the petitioner. Charges in both the charge sheets have been inquired into. Petitioner has challenged impugned order of his dismissal. Allegations contained in the writ petition are summarized hereunder:2. Petitioner came to be appointed as Clerk in November 1972 in Reserve Bank of India and on establishment of respondent-bank. Petitioner opted for service of NABARD and came to be posted as Assistant Development Officer on 24.5.1983 at New Delhi. Later on, he was transferred to Ahmedabad as Grade-A Officer where he remained upto March 1993 and thereafter, transferred to Jammu. On being posted at Ahmedabad, an enquiry was conducted against him in respect to alleged misconduct for which he was awarded punishment of reprimand on 29.8.1996. An appeal preferred against order of reprimand was ...