Jammu and Kashmir Court March 2004 Judgments
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Chandigarh Poultry Centre and anr. Vs. Union of India (Uoi) and ors.
Court: Jammu and Kashmir
Decided on: Mar-31-2004
Reported in: AIR2004J& K152,2005(2)JKJ125
ORDERS.K. Gupta, J.1. Counter has not been filed. Mr. S.S. Nanda, learned Sr. CGSC submitted that the objections already filed in detail be treated as counter Prayer allowed.2. With the consent of learned counsel appearing for respective parties, the petition is taken up for final hearing.3. Petitioner was allotted contract for the supply of frozen meat for the year 2002-03 on the strength of a contract hearing No. CD-99 dated 18-4-2000. In pursuance of the contract, the petitioner was required to supply 11 lacs kg of frozen meat during the contract period. The petitioner accordingly started the supply of frozen meat as per the approved items. The entire necessary arrangements and requisite infrastructure were required to be made by the petitioner contractor in performance of the contractual obligations. The petitioner contractor strictly followed the procedure as per the terms and conditions of the agreement. It is further submitted that after procuring the live stock, it is made avai...
Mohd Yaseen Vs. State
Court: Jammu and Kashmir
Decided on: Mar-26-2004
Reported in: 2005CriLJ307,2004(2)JKJ346
Y.P. Nargotra, J.1. The appellant was tried for commission of an offence Under Section 376 RPC and was convicted and sentenced to undergo rigorous imprisonment for a period of seven years with fine of Rs. 1000/- and in default of payment of fine the accused has been directed to undergo further rigorous imprisonment for a period of six months, by the court of learned Sessions Judge Rajouri vide his judgment dated 27.3.1991.2. The story of the prosecution briefly stated is that on 5.9.1985 the prosecutrix (whose name is purposely being withheld) aged nine years was grazing her cattle in the forest. The accused-appellant came to her and inquired about her brother Mohd Iqbal. She told him that he had gone for cutting the grass. The appellant on finding her alone caught and laid her on the ground and committed forcible sexual intercourse on her. Due to forcible intercourse, blood started oozing out from her vagina and she became unconscious. The father of the prosecutrix; PW Munshi Khan, ha...
Des Raj Vs. State of J and K
Court: Jammu and Kashmir
Decided on: Mar-26-2004
Reported in: 2004(2)JKJ299
Y.P. Nargotra, J.1. The appellant-accused was tried, convicted and sentenced by the Special Judge Anti-corruption Jammu by his judgment dated 25.6.1986 to undergo rigorous imprisonment for five years and a fine of Rs. 5000/- and in case of default in payment of fine to undergo one year's rigorous imprisonment for the offence Under Section 5(2) Prevention of Corruption Act 2006; three years rigorous imprisonment and a fine of Rs. 500/- and in case of default in payment of fine to undergo simple imprisonment for three months for the offence Under Section 467 RPC and two years rigorous imprisonment and a fine of Rs. 500/- and in default of payment of fine to undergo three months imprisonment for the offence Under Section 468 RPC.2. The prosecution case in nutshell was that the appellant was the cashier in the office of the Chief Medical Officer Udhampur, Dr. Abdul Samad who was the drawing and disbursing officer. The appellant-accused was alleged to have forged three bills for withdrawal ...
Union of India (Uoi) and anr. Vs. Manzoor Ahmed Reshi and ors.
Court: Jammu and Kashmir
Decided on: Mar-26-2004
Reported in: 2004(2)JKJ177
1. This writ petition has been directed against the judgment dated 22.08.2003 passed by the Central Administrative Tribunal, Circuit at Srinagar whereby four applications of the respondents seeking temporary status have been disposed of.2. The respondents have been employed by the petitioners as Daily Wagers/Casual Workers. They claim the temporary status on the ground that they were working with the petitioners on the date of formulation of the scheme i.e. 1.9.1993. The petitioner did not accept the claim of the respondents. The respondents approached the Tribunal for grant of temporary status.3. On hearing learned counsel for the parties, the applications of the respondents were disposed of by the Tribunal in the following terms:'Accordingly, we dispose of the present applications, subject to what we have recorded above further directing the respondents that :a. the artificial breaks referred to above shall be ignored by the respondents.b. the individual cases of the applicants shall...
Romesh Kumar and ors. Vs. Collector and ors.
Court: Jammu and Kashmir
Decided on: Mar-26-2004
Reported in: 2004(2)JKJ147
S.N. Jha, C.J. 1. This letters patent appeal arises from OWP NO. 1/1998. The appellants, who were writ petitioners, preferred writ petition for quashing Award No. 2266-70 dated 9.10.1976 with respect to land of khasra No. 683/221 at Mouza Talwara, Tehsil Reasi within District Udhampur, and for other consequential reliefs. The petition was disposed of with certain directions. Not satisfied, they have come in appeal.2. The case of the appellants is that on 9.10.1975 notification under Section 4 of the Jammu and Kashmir Land Acquisition Act was issued for acquisition of 1430 kanals and one marla of land for developing Talwara Colony in connection with Salal Hydro Electric Project. The notification was challenged by one Ramu, father of appellant Nos. 1 to 7 and husband of appellant No. 8, by writ petition registered as writ petition No. 181/1977, in this Court. During pendency of the case Ramu died and the petition was dismissed for want of prosecution on 2.12.1988. In the meantime, on the...
Amar Singh Vs. State of J and K and ors.
Court: Jammu and Kashmir
Decided on: Mar-26-2004
Reported in: 2004(2)JKJ157
Permod Kohli, J. 1. Questioning the correctness of order dated 31-5-2001 passed in SWP No. 323/96, petitioner/appellant has preferred this appeal in the back-drop of the factual matrix noticed here-under: --2. Pursuant to Notification dated 31-3-1981 issued by the Jammu and Kashmir Public Service Commission for selection to various feeding Services under the purview of Combined Competitive Examination, petitioner/appellant applied being an eligible candidate. At the time of inviting applications vide afore-said notification there were only five services for which the said examination was to be conducted. Before the process could be completed the State Government issued Government order No, 1285 -GAD of 1983 dated 30-3-1983 whereby as many as eleven more Gazetted Departmental Services were brought within the purview of the Combined Competitive Examination. The Public Service Commission completed the selection and recommended the successful candidates to the Government for appointment. P...
State Vs. Mohd YasIn Malik and ors.
Court: Jammu and Kashmir
Decided on: Mar-26-2004
Reported in: 2005CriLJ275,2004(2)JKJ242
Y.P. Nargotra, J. 1. In what manner the Chief Judicial Magistrate has to act when the person whom a confession has been recorded Under Section 32(1) of Prevention of Terrorist Act 2002 (POTA) before a police officer, is produced before him? Is the question arising for consideration in this case? For better appreciation of the point involved Section 32 is being reproduced hereunder: --'32. Certain confessions made to police officers to be taken into consideration-(1) Notwithstanding anything in the Code or in the Indian Evidence Act, 1872 (1 of 1872), but subject to the provisions of this section, a confession made by a person before a police officer not lower in rank than a Superintendent of Police and recorded by such police officer either in writing or on any mechanical or electronic device like cassettes, tapes or sound tracks from out of which sound or images can be reproduced, shall be admissible in the trial of such person for an offence under this Act or rules made hereunder.(2)...
Raj Kumar Vs. State
Court: Jammu and Kashmir
Decided on: Mar-26-2004
Reported in: 2004(2)JKJ382
Y.P. Nargotra, J.1. The accused-appellant was put to trial for commission of offences Under Sections 420, 474, 467, 468 and 473 RPC. He was convicted Under Section 466, 474, 420, read with Section 511 RPC by the learned Sessions Judge Kathua by his judgment dated 16.5.1992. Learned Sessions Judge vide his order dated 20.5.1992 sentenced the accused to undergo imprisonment for three years and a fine of Rs. 50 for commission of offences Under Sections 466, 474 & 420/511 RPC on each count, in default of payment of total fine of Rs. 150 he was directed to undergo simple imprisonment for 15 days for each default. All the sentences were however ordered to run concurrently.2. The case of the prosecution before the trial court was that four brothers namely Bhagwant Singh, Dhanwant Singh, Patwant Singh and Gurjeswant Singh sons of S. Surinder Singh applied for issuance of permanent resident certificates in their favour under application No. 467 dated 9.1.1984. Tehsildar Kathua after holding the...
Girdharilal and ors. Vs. Veena Sharma and ors.
Court: Jammu and Kashmir
Decided on: Mar-26-2004
Reported in: 2004(2)JKJ418
Y.P. Nargotra, J.1. Respondent No. 1, Smt. Veena Sharma, has filed a complaint against the petitioners 1 to 7 and proforma respondents 2 to 9 in the court of Judicial Magistrate Ist Class, Sub-Judge Samba seeking trial and punishment of the accused for commission of offences Under Sections 494/109 RPC on the allegations that she was married to accused, Girdharilal, respondent No. 1, on 27.2.1994 in accordance with Hindu law and rites. After the marriage she lived in the company of the accused and out of the wedlock a female child was born, who at the time of lodging the complaint was 6-1/2 years old. However because of birth of the female child the attitude of the accused respondent No. 1 became hostile and she was subjected to cruelty. She was forced to live along with her parents at her parental house at Samba. After some time the complainant of her own went to her matrimonial house at Billawar to join the society of her husband but there she was stunned to see her husband living wit...
Anish Bhan Vs. Sonika Bhan
Court: Jammu and Kashmir
Decided on: Mar-23-2004
Reported in: 2004(2)JKJ481
S.N. Jha, C.J.1. The Civil revision by the husband-respondent of the matrimonial case in the court below, is directed against an order by which the court below directed the husband to file objections, that is, proceeded with the suit.2. The case of the petitioner is that in terms of Section 28(2) of the Jammu and Kashmir Hindu Marriage Act, 1980, it is incumbent upon the court to bring about reconciliation between the parties and such endeavour has to be made in their personal presence. In the instant case, the parties were asked to appear in person. Whereas the husband appeared, the wife did not. Accepting the statement of the counsel for the wife that she is not agreeable for reconciliation, the court directed the husband to file objections. According to the petitioner the endeavour to bring about reconciliation is to be made at the very first instance and in the presence of the parties in person. Representation by the counsel is not enough in coming to the conclusion that reconcilia...
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