Jammu and Kashmir Court December 2004 Judgments
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Mst. Raja Vs. State of J and K and ors.
Court: Jammu and Kashmir
Decided on: Dec-24-2004
Reported in: 2005(2)JKJ200
Hakim Imtiyaz Hussain, J. 1. This petition under Article 226 of the Constitution of India read with Section 103 of the Constitution of Jammu and Kashmir has been filed by Mst. Raja Wife of Ab. Ahad Rather R/o Ajas Sonawari, District Baramulla who has been detained by respondent No. 3 under the provisions of Public Safety Act by means of the detention order No. 03/DMK/PSA of 2003 dated 16.8.2003. Petitioner has challenged the said detention on various grounds. It is alleged that the detenu was arrested on 14.8.2003 by the respondents and was subsequently detained under the provisions of J&K; Public Safety Act in terms of the said order which order was neither communicated to the detenu nor was served upon him. It is submitted in the present petition that the detenu has not been appraised of his right of making representation to the Government against his detention thus the detention order is bad in the eye of law and cannot stand. It is further alleged that the grounds of detention as s...
Abdul Ahad Rather Vs. State of J and K and anr.
Court: Jammu and Kashmir
Decided on: Dec-24-2004
Reported in: 2005(2)JKJ306
Hakim Imtiyaz Hussain, J.1. This Habeas Corpus Petition has been filed by Abdul Ahad Rather S/o Mohd. Mansoor Rather R/o Tekipora, Sogam, Kupwara (the detenu) through his father Mohd. Mansoor Rather. It is alleged that the detenu came to be arrested on 3.06.2003. He was later booked in FIR No. 34/03 under Sections 307,149,120 RPC, and 7/25 Arms Act of Police Station Lalpora, Kupwara, FIR No. 58/2002 of P/S Sogam for offences Under Section POTA, 302, 307, 120 BRPC, 7/25 A.A., FIR No. 83/2003 of P/S Kupwara Under Section 302, 307 RPC, 7/25 AA, and FIR N. 85/2002 P/S Sogam, Under Section 302 RPC, 7/25 Arms Act. The grounds of detention as issued by respondent No. 2 shows that the detenu was serving in Police Department of J&K; Government as Selection Grade Constable. The main allegation against him is that he was working over ground worker of J.E.M, the unlawful organisation and that his aim and object was to indulge in such nefarious activities which were highly prejudicial to the securi...
State Vs. Ali Mohd.
Court: Jammu and Kashmir
Decided on: Dec-24-2004
Reported in: 2006(3)JKJ505
S.K. Gupta, J.1. This appeal is directed against the judgment and order dated 12-07-1999 propounded by learned Sessions Judge, Udhampur, whereby he held that it appears doubtful that the accused caused the death of the deceased, and giving benefit of doubt acquitted accused, Ali Mohd, of the offence under Section 304, Part-I, RPC with which he stood charged.2. The sheet anchor of the prosecution case stemming out of the record, depicted in narration, is that on 21-01-1993, deceased Alaf Din, alongwith his sons Mohd. Hussain and Shera and other participants, accompanied the Barat and the Barat party proceeded towards village Jassar Kote where the marriage of sister of Noor Illahi was being solemnized. After the reception of the Barat, 'Nikah' was performed and thereafter feast started at about 6.15 p.m. on the roof of the house. Meal was served to the Baratis when deceased Alaf Din after having finished his meals inside the room at about 8.00 p.m. came out to wash his hands but found tw...
Tilak Raj Thakur and ors. Vs. State of J and K and ors.
Court: Jammu and Kashmir
Decided on: Dec-23-2004
Reported in: 2005(1)JKJ615
Permod Kohli, J.SWP No. 1425/03, LPA (SW) No. 441/01, SWP No. 1435/951. Petitioners in all these writ petitions are police officials serving in the Jammu and Kashmir Police in various categories. They have projected a common cause for seeking out of turn promotions in the police department on the basis of their exceptional role in combating militancy and acts of bravery, efficiency etc.2. Before dealing with the individual cases on the basis of allegations contained in the writ petitions, it is relevant to note that out of turn promotions in the Police Department is provided under Rule 400 of the Police Manual only. Said rule is quoted hereunder:'400. SPECIAL PROMOTION TO RECIPIENT OF THE PRESIDENT'S POLICE MEDAL: --Any Constable or head Constable (Senior Grade) who is awarded the President's or Police Medal may be considered for promotion to the next higher rank if he is found otherwise suitable.'3. From the facts as pleaded in different writ petitions, it becomes apparent that out of...
Krishan Ji Braroo Vs. State of J and K
Court: Jammu and Kashmir
Decided on: Dec-23-2004
Reported in: 2005(2)JKJ182
Hakim Imtiyaz Hussain, J.1. This criminal appeal is directed against the judgment and sentence passed by Special Judge Anti-Corruption Kashmir (for short the Court) on 15.12.1997 in file No. 8 of 1981 titled State v. Krishanji Braroo and Ors.2. Vigilance Organization Kashmir (VOK) in (FIR 1/81) filed a challan before the court on 9.5.1981 against Abdul Majid Kakroo Accounts Officer, Mehraj-ud-din Sr. Accountant, Krishanji Braroo cashier Sheep Husbandary Department, Gh. Qadir Treasury Officer, Gayas-ud-din Superintendent and Ashok Kumar auditor Sadder Treasury, Srinagar for offences under Sections 5(2) of Prevention of Corruption Act 2006, 409, 420, 467, 109, 477A and 120B RPC.3. The prosecution case before the court was that the above mentioned accused persons by misuse of their official position and by employing the corrupt means entered into a criminal conspiracy and fraudulently and dishonestly withdrew from Sadder Treasury, Srinagar an amount of Rs. 8000/- in the year 1976 and misa...
Geetika Gupta and ors. Vs. State and ors.
Court: Jammu and Kashmir
Decided on: Dec-23-2004
Reported in: 2005(1)JKJ382
Y.P. Nargotra, J.1. The petitioners in this batch of writ petitions are calling in question the validity of selections and consequent recommendations for appointments made by the J&K; Public Service Commission, (hereinafter called the Commission), to the Government for the posts of Assistant Surgeons. Health & Medical Education Department of the J&K; State vide its No. HT(GAD)131/95 dated 11.12.2002 referred 31 posts of Assistant Surgeons to the Commission. Then vide another communication No. HD(GAD)131/95 dated 20.1.2003, Health & Medical Education Department referred 190 more posts of Assistant Surgeons to the Commission. Three posts of Assistant Surgeons in open merit category were already pending for selection with the Commission. Thus in all the Commission stood referred 224 posts as per the following break-up: ----------------------------------------------------------------------Open merit .. Three previousvacancies-----------------------------------------------------------------...
National Insurance Co. Ltd. and anr. Vs. Daizy Handoo and ors.
Court: Jammu and Kashmir
Decided on: Dec-23-2004
Reported in: 2004(2)JKJ170
Hakim Imtiyaz Hussain, J.1. This appeal under Section 173 of the Motor Vehicles Act is directed against the award dated 15.3.2004 passed by the Motor Accident Claims Tribunal Srinagar in the claim petition No: 115/2002 titled Daizy Handoo and Ors. v. National Insurance Co. and Ors.2. The matter relates to an accident which took place on Srinagar-Jammu National Highway on 10.3.2002. The deceased Daleep Kumar Handoo son of Kashi Nath Handoo R/o Indira Nagar Srinagar who was working in the J&K; Bank Ltd. Branch Badami Bagh Cantonment Srinagar as cashier-cum-clerk, was travelling in a Sumo bearing registration No. JK01E/6441 from Srinagar to Jammu to celebrate Mahashivratri festival at Jammu with his family. The said Sumo was being driven by respondent Mohammad Shafi Dar Son of Khazir Mohd Dar R/o Khawajapora Rainawari Srinagar who was also the owner of the said vehicle. It is alleged that driver was driving it rashly and negligently due to which it met with an accident at Lower Munda, Qaz...
National Insurance Company Ltd. Vs. Abdul Rashid Malik and ors.
Court: Jammu and Kashmir
Decided on: Dec-23-2004
Reported in: 2005(3)JKJ118
Hakim Imtiyaz Hussain, J.1. This appeal filed by National Insurance Company U/s 173 of Motor Vehicles Act, is directed against the award dated 08.05.2003 passed by the Motor Accident Claims Tribunal, Srinagar in claim petition No. 56/claim of 1999 titled Abdul Rashid Malik and Ors. v. Abdul Rehman Soft and Ors.2. A claim petition came to be filed before Motor Accident Claims Tribunal at Srinagar by Abdul Rashid Malik and others for untimely death of one minor Azra Jan in road traffic accident which took place on 29.01.1999. It is alleged that on that date one Gulam Mohi-ud-din was plying a passenger bus No. JKE-4366 rashly and negligently and was going towards Srinagar at Baramulla-Srinagar National Highway. At Lawaypora it hit an Auto rickshaw in which minor Azra Jan alongwith her mother namely Gulshan Akhter was going towards Narabal. Due to the accident both daughter and mother sustained serious injuries to which the said minor succumbed later.3. The Tribunal framed as many as six i...
Bashir Ahmad Magray Vs. State of J and K and ors.
Court: Jammu and Kashmir
Decided on: Dec-23-2004
Reported in: 2005(2)JKJ166
R.C Gandhi, J.1. By means of this writ petition, Petitioner seeks issuance of writ of Mandamus commanding the Respondents No. 2 and 3 to discharge and perform statutory functions in terms of Rule 10 of the J & K Subordinate Service Recruitment Rules, 1992 (hereinafter called -- 'the Rules') to publish the result of selection carried out by respondent No. 2 pursuant to Advertisement Notice No. 01 of 2001 dated 11.1.2001 for the post of X-Ray Assistant (District Cadre, Baramulla) against available vacancy to be filled up by a candidate belonging to RBA category. Similar direction or order has been prayed for in other two reliefs.2. Respondents have advertised number of posts including the post of X-Ray Assistant, vide Advertisement Notice No. 01 of 2001 dated 11.01.2001 for selection of suitable candidates. Petitioner seeks extension of benefit of reservation being belonging to RBA category. He was called and interviewed. Petitioner was not found eligible. He was not selected.3. Petition...
State of J and K and ors. Vs. Vikas Jandial and ors.
Court: Jammu and Kashmir
Decided on: Dec-21-2004
Reported in: 2005(2)JKJ451
V.K. Jhanji, J.1. By this common order we propose to dispose of LPA(OW) Nos. 63/2004, 68/2004, 72/2004, 54/2004, 69/2004 and APLPA 96/2004, as common question of law and facts are involved in all the appeals.2. The appellants are aggrieved of order/judgment dated 10.6.2004 passed by the leaded Single Judge in OWP No. 199/2004, titled, Vikas Jandial v. State of J&K;, and Ors. connected petitions.3. For the sake of convenience, reference to 'appellants' hereafter in the judgment, is appellants in LPA (OW) No. 63/2004.4. Vide the impugned judgment, the learned Single Judge has quashed Notification No. EC/STS/108/2004-05/1944-45 dated 27.02.2004 along with all consequential actions of appellants for selection of prospective licensees by draw of lots. The appellants, however, have been left with liberty to conduct fresh exercise and consider the applications received in respect of 89 notified locations; and further invite applications in respect of 116 additional locations, for which the ap...
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