Jammu and Kashmir Court February 2004 Judgments
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Executive Engineer Vs. Mir Zaman Khan and anr.
Court: Jammu and Kashmir
Decided on: Feb-26-2004
Reported in: 2004(2)JKJ65
Syed Bashir-Ud-Din, J.1. Heard. Record pursued. Respondent No. 1 during his engagement by appellant, Electric Maintenance Division Baramulla met an accident, on 26-09-1998 within the jurisdiction of Mohra Electric Sub Division. This happened while he was erecting the lines on spot. The accident led to amputation of his left arm due to electric burn. Petitioner filed claim petition before Assistant Labour Commissioner Baramulla under Work Man's Compensation Act, 1923. The Commissioner provided opportunity to produce respective document/material and received evidence offered by the parties. On enquiry prescribed under the Statute he held petitioner entitled to compensation for loss of earning capacity as mentioned in Schedule-I, part II of Work Man's Compensation Act on account of amputation of left arm above elbow at 80% at Rs. 1500/- P.M. This was done on evaluation and appreciation of evidence. The Commissioner further found that the accident took place during the course of employment...
S.K. Puri and ors. Vs. State and anr.
Court: Jammu and Kashmir
Decided on: Feb-26-2004
Reported in: 2004CriLJ3198,2004(2)JKJ353
S.K. Gupta, J.1. By means of this petition, the petitioners seek to quash the impugned order dated 23.8.1999 passed by the learned Special Judge, Anti-Corruption, Jammu, charge sheets framed by him against the petitioners No.1 and 2 under Section 5(2) of Prevention of Corruption Act, 2006, read with Sections 201/109/120B of R.P.C and petitioner No. 3 Under Section 120B/109/201 of R.P.C, as well as criminal proceedings connected thereof in the said court in FIR No. 42 of 1996 of Police Station Vigilance Organisation, Jammu and also the sanction to prosecute petitioner No. 2, issued by respondent No. 1 under Government Order No. 72-GAD (Vig) of 1997 dated 17-07-1997, by issuance of writ of certiorari in exercise of jurisdiction under Articles 226/227 of the Constitution of India read with Sections 103/104 of the Constitution of Jammu & Kashmir.2. Facts of the case, taken from record, depicted in narration, are that petitioner No. 1 S.K. Puri, the then Managing Director, Housing Board, Ja...
Rozy Kukreja Vs. Finance Associates
Court: Jammu and Kashmir
Decided on: Feb-26-2004
Reported in: 2005(1)ALD(Cri)7,I(2005)BC492,2004CriLJ3700,2004(2)JKJ256
Y.P. Nargotra, J.1. The petitioner through this petition is seeking the quashment of the proceedings initiated on the complaint of the respondent filed Under Section 138 of the Negotiable Instruments Act by invoking the provisions contained in Section 561.A. Cr.PC. The brief facts requiring notice need to be stated.2. The complainant has alleged in the complaint that the accused received Rs. 3.00 lacs on 17.1.1997 as loan from the complainant-firm and agreed to repay the same along with interest after three years from the date of receipt thereof. He executed the necessary documents. The husband of the accused stood as guarantor. The accused made the payment of interest from month to month but defaulted w.e.f. 1.4.2002. Then the accused issued a cheque for a sum of Rs. 3.00 lacs in favour of the complainant drawn on Union Bank of India, Branch Gandhi Nagar Jammu on 15.5.2002. The complainant presented the cueque with his bankers, Oriental Bank of Commerce, Ragunath Bazar Jammu, however,...
Trehan Industries Pvt. Ltd. Vs. State of J and K and ors.
Court: Jammu and Kashmir
Decided on: Feb-26-2004
Reported in: 2004(2)JKJ447
S.K. Gupta, J.1. With liberalization of fiscal and financial reforms in industry and to move the country to its pinnacles as a developed industrial country and to accomplish its right placement in the polity of the nation, the Government announced Privatization of the Power Sector. In order to supplement the power generation and bridge the gap between the supply and demand at various levels, not less than that of the Hon'ble Chief Minister of the State announced and welcomed private participation in the energy field, both generation and distribution. It was in pursuance of the Policy of the Government for implementation of the Hydro Electric Projects in the State of Jammu and Kashmir through private investment, with a view to revive, modernize and make capable of generating electricity in the defunct Power House, known as 'Canal Power House', after having remained defunct for more than 20 years, the petitioners, M/s Trehan Industries Pvt. Ltd., through its Managing Director, Ravish Tre...
Hamidullah Bhat and anr. Vs. State and ors.
Court: Jammu and Kashmir
Decided on: Feb-26-2004
Reported in: 2005(2)JKJ151
S.K. Gupta, J.1. In this petition, under Article 226 of the Constitution of India, read with Section 103 of the Constitution of Jammu and Kashmir State, preferred by the petitioner, seeking quashment of Government Notification SRO 508 dated 09.12.2002, by issuance of writ in the nature of certiorari and further commanding the respondents to permit the elected Board of Directors of J&K; Central Co-operative Land Development Bank, Srinagar to function and discharge their duties without any hamper. A preliminary objection was taken by the respondents in their demurrer, filed to the writ petition that the petition pertains to the Province of Kashmir and could not be entertained in Jammu wing of the High Court under 'writ proceedings rules'. Mr. J.P. Singh, learned counsel appearing for respondents 1 to 3 further submitted that such a writ petition pertaining to the particular wing could be filed at the other bench with the leave of the Chief Justice or in his absence of the senior Judge av...
Conservator of Forest and ors. Vs. Gurbachan Singh
Court: Jammu and Kashmir
Decided on: Feb-24-2004
Reported in: AIR2004J& K115
ORDERY.P. Nargotra, J.1. This revision petition under Section 115, CPC is directed against the Order dated 9th December, 2003 passed by the learned Principal District Judge, Jammu in File No. 9/Execution, whereby the objection raised to the executability of the decree by the Judgment-debtors petitioners has been overruled.2. The facts in brief are that in connection with Forest lease granted in favour of respondent-Forest Lessee in 1970, a dispute arose which was referred for adjudication through arbitration to the sole Arbitrator Shri Sohan Singh, Ex-Chief Conservator of Forest Jammu and Kashmir. The arbitrator, on the basis of material and evidence led by the parties to the dispute gave his award dated 12th October, 1990, which was filed in this Court for making it the rule of the Court. After receipt of the award from the Arbitrator, notices were issued to the parties on 1-11-1990. Notice on behalf of respondent was accepted by Mr. U.K. Jalali whereas notice was accepted on behalf o...
Gh. Nabi Gowhar Vs. State of J and K and ors.
Court: Jammu and Kashmir
Decided on: Feb-23-2004
Reported in: AIR2004J& K104,2004(2)JKJ70
Syed Bashir-Ud-Din, J.1. Heard. Petitioner land owner at Dharambugh chadoora alleges that he is in possession of about 3 kanals of Shamilat/Gas-chari land, adjacent to his land covered by survey Nos. 1428/187. Regarding this land Tehsildar Chadoora Collector issued notice Under Section 133 Land Revenue Act requiring the petitioner either to pay compensation for the piece of land or hand over the possession of this land. This is so done by notice dated 31-08-2000 (Annexure-C). This show cause notice is under challenge in this petition on grounds stated in the writ petition. The otherside has also filed objections. Mr. N.H. Shah who is representing the State Govt. and the Revenue Official Tehsildar Chadoora submits that only notice issued to petitioner's son Shahnawaz as an encroacher is Under Section 133 of the Land Revenue Act. The officer is empowered by provision of Section 133 Land Revenue Act to take such measure within the ambit of Section 133 of the Land Revenue Act. The section ...
Nisha Mangotra Vs. Registrar, High Court of J and K and anr.
Court: Jammu and Kashmir
Decided on: Feb-23-2004
Reported in: 2004(1)JKJ473
V.K. Jhanji, J.1. The short question involved in this petition is whether a Government servant in service and in receipt of family pension on behalf of her/his husband/wife, as the case may be, is entitled to claim Dearness Allowance as admissible on the family pension, if it is higher than the rate of Dearness Allowance he or she might be receiving on his/her pay, or she/he is entitled to the Dearness Allowance on her/his pay alone? The controversy arises in relation to Government Instruction No. 1 under Rule 24c of Jammu and Kashmir Family Pension-cum-Gratuity Rules, 1964 (Schedule XV to J&K; Civil Service Regulations Vol. 2) (hereinafter referred to as 'the Family Pension Rules'), envisaging two different treatments to be meted out to the recipients of family pension. The Government Instruction in question is quoted below:'Government Instruction No. 1. - Where in any case a pensioner in receipt of service pension is also allowed a 'family pension' on behalf of his/her husband/wife a...
Jeet Lal Gupta and anr. Vs. State of J and K and ors.
Court: Jammu and Kashmir
Decided on: Feb-23-2004
Reported in: 2004(1)JKJ495
V. K. Jhanji, J.1. These two writ petitions, SWP No. 1950/2003, Jeet Lal Gupta v. Union of India and Ors., and SWP No. 96/2004, M. Yamin Qureshi and Anr. v. State of J&K; and Ors., have been preferred against the common judgment and order dated 29th September, 2003, passed by the Central Administrative Tribunal, Chandigarh Bench, Chandigarh, (hereinafter referred to as 'the Tribunal') in TA Nos. 66-JK/2002 and 18-JK/2003, dismissing the above two TA petitions.2. Briefly stated, the facts are that Jeet Lal Gupta, writ petitioner in SWP No. 1950/2003, acting on the news items appearing two newspapers, namely, Himalayan Mail and Kashmir Times in their issues dated Ist February, 2003 and 7th February, 2003 respectively, that Government of India was likely to induct State Civil Service Officers into Indian Administrative Service, filed writ petition, SWP No. 164/2003 before this Court. In that writ petition, the petitioner sought a restraint against the respondents prohibiting them from imp...
Dharam Paul and ors. Vs. State of J and K and Twenty Three ors.
Court: Jammu and Kashmir
Decided on: Feb-23-2004
Reported in: AIR2004J& K129,2004(2)JKJ446
S.K. Gupta, J.1. This Letters Patent Appeal is directed against the judgment and order dated 13-07-1998 propounded by the learned Single Judge in OWP No. 383/1997, entitled Dharma Pal and Anr. v. the J&K; State and Ors., whereby the writ petition has been held to be without merit and dismissed.2. The appellants/writ petitioners asserted their claim on the land in dispute covered by survey Nos. 224, 225 and 226 located at Benihal Cart, Road, Dogra Hall, Jammu, on the basis of long possession. The appellants also claimed compensation in respect of a part of the land, possession of which has been taken by the Government, in invoking the provisions of Jammu and Kashmir Land Acquisition Act.3. It is not in dispute that the land belongs to the State. The provisions of the Land Acquisition Act can be resorted to only when the ownership of a private individual has been extinguished by taking possession of land by the Government. In case of State land, a citizen acquires ownership right only af...
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