Jammu and Kashmir Court May 2004 Judgments

State of J. and K. and ors. Vs. Trehan Industries Pvt. Ltd. and anr.

Court: Jammu and Kashmir

Reported in: AIR2005J& K13,2005(1)JKJ536

S.N. Jha, C.J.1. The dispute in this letters patent appeal arising from a writ petition relates to the Canal Power House, Jammu. The Power House was handed over to the respondent. By the order impugned, the State Government decided to take over it. The respondents challenged the order by a writ petition. By the judgment and order under appeal the impugned order was quashed with a direction to the appellant to give effect to the earlier order. The State of Jammu and Kashmir and others have come in appeal.2. The case of the respondents shortly stated, is that pursuant to a policy decision of the State Government regarding setting up of small power project in Jammu and Kashmir through private entrepreneurship, on 4-7-2001, they came forward with a proposal to revive and modernize Canal Power House, Jammu, which was lying defunct for more than two decades. Earlier, outside agencies had not shown any interest in making investments in the State, and in the circumstances the Chief Minister ha...

Dharmej Singh Vs. State

Court: Jammu and Kashmir

Reported in: 2004CriLJ4341,II(2005)DMC607,2005(2)JKJ140

S.K. Gupta, J.1. Solely relying upon the dying declaration of Smt. Sushma Devi for abetting the commission of suicide and oral testimony of the witnesses to whom she narrated woeful tale of her being subjected to cruelty by the accused, Dharmej Singh, her husband, the trial Court held the appellant-accused guilty and convicted and sentenced, him to undergo 10 years rigorous imprisonment and a fine of Rs. 500/- in proof of offence Under Section 306, RPC and 3 years rigorous imprisonment and a fine of Rs. 300/- under Section 498A, RPC and in case of non-payment of fine, the appellant was to suffer further three months rigorous imprisonment each in both the offences, however, on both the counts, the sentences have to run concurrently, vide judgment and order dated 25/26-7-1995, impugned herein.2. A skeleton projection of the case may be noticed:On receipt of information that one Sushma Devi, wife of appellant-accused, has been brought to the Hospital with burn injuries on 7-11-1992 at 12....

Oriental Insurance Co. Ltd. Through Its Sr. Divisional Manager Dr. S.P ...

Court: Jammu and Kashmir

Reported in: 2004(3)JKJ448

Permod Kohli, J.1. This petition is directed against the judgment of the State Consumer Protection Commission, Jammu dated 19-3-2001 and that of the Divisional Forum dated 30-6-2000, whereby the claim petition filed by respondent no. l has been allowed and an amount of Rs 1,55,994 awarded in his favour with interest at the rate of 12% p.a.2. Admitted facts are that respondent No. l secured an Insurance Policy with respect to a Bus bearing registration No. JK 02D-2079 on 1-3-1995, which was operative upto 28-2-1996, The said vehicle met with an accident on 10-1-1996 resulting in death of 8 persons and injury to 45 persons, The bus also suffered heavy damage in the accident. A claim was lodged by respondent No. 1 with the petitioner Insurance Company. The Insurance Company appointed surveyor to assess the loss which was assessed at Rs 1,55,992. With a view to verify the driving licence of the driver Sudershan Kumar S/O Shiv Lal R/O Sudh Mahadev a private investigator namely, Kartar Singh...

Mst. Naziran Bi and ors. Vs. State and ors.

Court: Jammu and Kashmir

Reported in: 2005CriLJ360,2004(3)JKJ609

S.K. Gupta, J.1. Through the currency of this petition, the inherent jurisdiction of the Court under Section 561-A of the Code of Criminal Procedure (for short 'the Code') has been invoked in seeking quashment of FIR No. 103/2003 for offences under Sections 2/3-A, EPIMCO, 120B/121,121A/123-212, RPC, together with the order dated 15.1.2004, by virtue of which charges under the aforesaid provisions have been framed, to the extent it pertains to the petitioners, on the ground that the cognizance taken by the trial court and charges framed, are without jurisdiction and an abuse of process of the court because of the bar created under section 196 Cr. P. C, that no court shall take cognizance of the offence to which the provisions of section 196 of the Code apply, unless upon a compliant made by order of or under authority from (the Government or District Magistrate or such other officer as may be empowered by the Government in this behalf).2. It appears that first information report came to...

State Vs. R.C. Puri and anr.

Court: Jammu and Kashmir

Reported in: 2004CriLJ4467,2004(3)JKJ642

S.K. Gupta, J.1. This revision is directed against the order dated 19.2.1997, propounded by learned Special Judge, Anti-Corruption Jammu, whereby accused have been discharged of offences Under Section 5 (2) of the J&K; Prevention of Corruption Act read with Section 120B RPC.2. Allegations against the accused, enumerated from record and depicted in narration, are that in the month of Feb,1991, 40 kanals of land for establishment of an enclosure at Mangla Mata was taken under Jawahar Rozgar Yojna and 23,500 plants were shown in record to have been planted by the accused. Record further revealed that out of 23,500 plants the accused had purchased 10,000 plants from Social Forestry, Sunderbani, at a price of Rs. 0.10 per plant against receipt and remaining 13,500 plants were obtained free of cost from Block Nursery, Nowshera. As many as 1250 labourers were shown to have been engaged for plantation of these plants at a wage of Rs. 18/- per day. The labourers were also shown to have been dis...

Sher-i-kashmir National Medical Institute Trust Vs. State of J and K a ...

Court: Jammu and Kashmir

V.K. Jhanji, J.1. This petition has been filed by the Sher-i-Kashmir National Medical Institute Trust (hereinafter referred to as the petitioner-Trust), a public charitable trust, created vide registered deed on 19th May, 1973, through its Vice Chairman, Dr. Muhammad Ali Matoo, challenging Government Order No.820-HME of 2003 dated 22nd July, 2003 issued pursuant to Cabinet Decision No.119/Cir dated 22nd July, 2003, under the signatures of Secretary to Government, Health and Medical Education Department, Jammu and Kashmir. By virtue of the aforesaid order, the Government has accorded sanction to the:1) revocation of Government Order No.214-ME of 1976 dated 27.08.1976 and Government order No. Rev (NDK) 90 of 1978 dated 19.04.1978 and taking over the possession of the property and land etc. referred to in the said Government orders;2) taking over the possession and management of Kashmir Nursing Home, Gupkar Road, Srinagar;3) taking over the full management of the affairs of Sher-i-Kashmir...

imtiyaz Ahmad Vs. Mohd. Khalil Wagay

Court: Jammu and Kashmir

Reported in: 2004CriLJ3912,2004(3)JKJ415

ORDERSyed Bashir-Ud-Din, J.1. Petitioner/accused is facing trial under Section 420, R.P.C. and 138 of Negotiable Instruments Act in Complaint File No. 50/98/2002 pending on the file of Sub Judge, Judicial Magistrate Pulwama. The case is at post evidence charge stage when the accused was to lead evidence in defence, he moved an application before the trial Magistrate, praying for recalling of the complainant for re-cross examination by him. However, the prayer was rejected by the trial Court on 24-10-2003. The revision is directed against this order.2. The order is challenged op the ground that the procedure has not been followed. After the accused was charged, he was to be given an opportunity to cross examine the prosecution witnesses whose evidence had been recorded at pre-charge stage and if the accused so opted, the witness(es) was to be recalled for cross-examination and re-examination. It is only thereafter that the rest of the prosecution witness were to be examined and the accu...

Karanjit Singh Vs. State of Jammu and Kashmir

Court: Jammu and Kashmir

Reported in: 2004CriLJ4139,2005(2)JKJ71

S.K. Gupta, J.1. This Criminal Appeal is directed against the judgment and order dated 19-2-1998 propounded by 2nd Additional Sessions Judge, Jammu, whereby he has convicted and sentenced Karanjit Singh alias Dolly, son of Dalip Singh, resident of Simbal Camp, Tehsil R.S. Pura, Jammu, to suffer rigorous imprisonment for life, under Section 302, RPC and one year's imprisonment under Sections 4/27 Arms Act.2. The sheet anchor of the prosecution case stemming out of the record having trait in narration is that on 6-7-1992, Police Post Miran Saheb, received an information from a reliable source at 2.10 p.m. that during celebration of marriage of daughter of Sangat Singh in his house at Simbal Camp Tikri, Ward No. 1, Karanjit Singh alias Dolly, accused, actuated with criminal intention, committed a murderous assault on one Ajit Paul Singh son of Ujagar Singh with a kirch in his possession and caused four injuries, one after the other persistency, on the chest and the abdomen, as a result of...

Abdul Hamid Itoo Vs. State of J and K and ors.

Court: Jammu and Kashmir

Reported in: 2004(3)JKJ23

R.C. Gandhi, J.1. Detenu Abdul Hamid Itoo through his father seeks to quash of the detention Order No. DMS/PSA/92 dated 28.11.2002 passed by the District Magistrate, Srinagar in exercise of his powers under Section 8 of the Jammu and Kashmir Public Safety Act, 1978 (hereinafter called as the Act') directing preventive detention of the detenu. The detention order has been challenged on various grounds. The respondents in their counter affidavit have specifically replied the grounds set out in the petition. 2. Heard learned counsel for the parties and perused the record. Relying on Section 13 of the Act, the ld. counsel for the petitioner has submitted that the respondents in their counter affidavit have stated that the grounds of detention have been served upon the detenu on 28.11.2002 and detenu taken in preventive custody on 20th December, 2002 which means that the grounds have been served before the detenu is taken in custody, which is contrary to the statutory procedure contained in...

Abdul Rashid Khan Vs. State of J and K and ors.

Court: Jammu and Kashmir

Reported in: 2004(3)JKJ24

R.C. Gandhi, J. 1. Detenu namely Abdul Rashid Khan Son of Jamal Ali Khan R/o Nowpora Salamabaduri through his father seeks to quash detention Order No. 58/2002 dated 10.8.2002 passed by District Magistrate, Baramulla in exercise of his powers under Section 8 of the J&K; Public Safety Act, 1978 (For short 'the Act') directing preventive detention of the detenu for a period of 12 months which the respondent-State at the time of confirmation of the detention order has confirmed the detention for a period of 24 months in terms of Section 17 of the Act. 2. The detenu has challenged the detention order on various grounds including that there is a delayed execution of the detention order while the detenu was in custody of the respondents since 15.7.2002 in FIR No. 26/2002. The averments of the petition and the grounds set out therein have been replied by the respondents except the ground with regard to the delayed execution of the detention order. 3. Heard learned counsel fro the parties and ...