Jammu and Kashmir Court June 2004 Judgments
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National Insurance Co. Vs. Mst. Sakina and ors.
Court: Jammu and Kashmir
Decided on: Jun-10-2004
Reported in: 2004(2)JKJ322
R.C. Gandhi, J.1. The appellant in these appeals has challenged the order of Motor Accidents Claims Tribunal on common grounds. These appeals have been consolidated and are being disposed of by common order having involved common questions for adjudication.2. As a result of the accident the claimants filed their Claim Petitions before the respective Tribunals having the jurisdiction. The Tribunal awarded the compensation on appreciation of the evidence and the law relating to the facts of the cases. While awarding compensation to the claimants/victims, the Tribunal also allowed interest @ 9% and 12% in various Claim Petitions.3. The validity of the orders of the Tribunal have been questioned by the appellant on the ground that though the finding has been recorded by the Tribunal that the driver was not having valid driving licence and in presence of such findings the Tribunal was not right to make an observation and direct that the appellant may approach an appropriate forum for recove...
Vikas Jandial and ors. Vs. State of J and K Through Finance Department ...
Court: Jammu and Kashmir
Decided on: Jun-10-2004
Reported in: 2004(3)JKJ66
S.K. Gupta, J.M/s Z.A. Shah, Advocate, along with Irfan Noor, Advocate; M/s A.V. Gupta, Senior Advocate, along with Y.E. Tak, Advocate; M/s D.C. Raina, Senior Advocate along with Dinesh Verma; M/s R.K. Gupta, S.K. Shukla, Rahul Pant, C.M. Gupta, Rishi Gupta, C.S. Gupta, W.S. Nargal, Rajesh Bhushan, B.S. Manhas along with D.S. Chouhan, Shakoor A. Malik, Gagan Basotra, Rajeev Saraf, Sunil Sethi, Kishore Kumar, F.A. Natnoo, Raghubir Singh, K.C. Sharma, D.K. Khajuria, Mrs. Radha Sharma, P.N. Raina along with Ms. Anshuja Sharma, H.H. Singh, R.P. Sapolia, Ajay Vaid, Hari Hartar Singh, C.S. Azad, Mrs. Surinder Kour, M/s Nitin Bhasin, H.C. Jhalmeria, M.R. Qureshi, K.S. Chib, Y.E. Tak, Advocates, for the Petitioners in their respective writ petitions. Mr. U.K. Jalali, Sr. Advocate, with Ms. Ruchi Bakhri, Advocate, and M/s Sunil Sethi, S.S. Jamwal, Ajay Singh Sahi, Surinder Singh, Advocates, for private-respondents/caveators, in their respective writ petitions. No. 289/2004, OWP No,290/2004, OWP...
Rattan Singh Vs. Union of India (Uoi) and ors.
Court: Jammu and Kashmir
Decided on: Jun-10-2004
Reported in: 2004(3)JKJ394
V.K. Jhanji, J.1. Petitioner, in this writ petition filed under Article 226 of the Constitution of India read with Section 103 of the Constitution of Jammu and Kashmir, is seeking writ in the nature of Certiorari:-(i) quashing office order No. P.Viii-13/97-EC-2-50 dated 1.3.1999 passed by the Commandant-respondent No. 4, whereby the petitioner has been awarded punishment of dismissal from service.(ii) Quashing Order No. R-Xiii-5/99-EC-III dated 24.6.99 passed by the Deputy Inspector General of Police Respondent No. 3, whereby appeal of the petitioner has been dismissed and punishment awarded by the respondent No. 4 has been upheld.(iii) Quashing Order No. R-13-8/98-Prasha. A dated 17.12.1999 passed by the Inspector General of Police Respondent No. 2.(iv) Quashing order No. P.Viii-ll/97-EC-II-50 dated 5.9.97 passed by the Commandant Respondent No. 2 whereby the petitioner has been reverted from the rank of L/Nk to the rank of Cadet (GD) w.e.f. 5.9.97 till further orders, and(v) quashing...
Kalu Ram Vs. J and K Special Tribunal and ors.
Court: Jammu and Kashmir
Decided on: Jun-10-2004
Reported in: 2005(2)JKJ155
Permod Kohli, J.1. Review is sought of the judgment dated 9-3-2004 in LPA (OW) No. 617 , of 1999 whereby a Letters Patent Appeal preferred by the review petitioner against the judgment of the writ Court in OWP No. 421 of 1992 has been dismissed.2. Vide the impugned order this Court while examining the validity of the order passed by the writ Court has held that there are concurrent findings of all the authorities/ forums except the one whereby the case was remanded. It has been observed that the writ Court rightly declined to interfere with the order impugned therein.3. Learned counsel appearing for the petitioner has primarily urged two grounds before us.(i) that the impugned judgment has been passed without hearing the petitioner(ii) Judgment needs to be reviewed in view of findings recorded by the court.4. Mr. Kalgotra, learned counsel appearing for the petitioner has vehemently argued that the appeal was decided without affording him full opportunity of being heard as the case was ...
Raj Kumar Raman Dev Singh and ors. Vs. Union of India (Uoi) and anr.
Court: Jammu and Kashmir
Decided on: Jun-10-2004
Reported in: 2005(2)JKJ246
S.K. Gupta, J.1. On the basis of final judgment dated 30-05-2002 passed by this Court, while disposing of CIA No. 42 of 1999 and CIA (Cross Appeal) 2/2000, the petitioners (decree holders) preferred an application claiming recovery of an amount of Rs. 3,05,20,624,30.00. It was during the currency of the execution petition of the petitioners (decree-holders), the judgment debtors deposited an amount of Rs. 2,70,49,377/- through a Cheque and the same was allowed to be released pending finality of the execution application. It is stated that the Cheque amount has been received after deducting Rs. 35,000/- as collection charges by the Bank. The collection charges were required to be borne by the judgment debtors (respondents) as they were required to pay the decreetal amount in terms of the judgment passed by this court. The petitioners have filed another application being CMP No. 160 of 2003. In this application, the petitioners (decree-holders) have given details of the accounts in para ...
Sajad Muzaffer Bhat Vs. State and ors.
Court: Jammu and Kashmir
Decided on: Jun-10-2004
Reported in: 2004(3)JKJ576
Syed Bashir-Ud-Din, J.1. Respondent Iqbal Krishen Karihaloo made presentation before Divisional Commissioner Kashmir on 17.4.1998 for restortation of Shop No. 3 in the Municipal Building opposite Apna Bazar Lal Chowk Srinagar, after alleged unauthorized occupant respondent is removed on the ground that the shop under occupation of the petitioner, a migrant is unauthrisedly occupied by him without his consent or authority of law. The Divisional Commissioner referred application of Shri Karihaloo to Deputy Commissioner on 17.4.1998 for action under the Provisions of Jammu and Kashmir Migrants Immovable Property (Preservation, Protection And Restraint on Distress Sales) Act, 1997, (hereinafter for short Migrant Distress Sales Act 1997). The then Deputy Commissioner Srinagar disposed of the case by order dated 25.7.1998. However, an appeal was filed against the order before the Appellate authority of Financial Commissioner Revenue J&K.; This appellate authority disposed of this Appeal 99-F...
Rakesh Kumar and Eleven ors. Vs. Dinesh Sharma and Nine ors.
Court: Jammu and Kashmir
Decided on: Jun-10-2004
Reported in: 2004(3)JKJ438
S.K. Gupta, J.1. We have heard Mr. D.C. Raina, learned senior Advocate, along with Mr. Mohd. Farooq, as well as Mr. S.S. Ahmed, learned counsel for the respondents, and also perused the record of the file meticulously.2. This appeal is directed against the judgment and order dated 30th April 2004 passed by the learned Single Judge in SWP No. 2319/2001, entitled Dinesh Sharma and Ors. v. The State of Jammu and Kashmir; and SWP No. 2029/2000, entitled Altaf Hussain Butt v. The State of Jammu and Kashmir and Ors., whereby the appointments of the private-respondents in both the writ petitions, having boon made in violation of Articles 14 and 16 of the Constitution of India, were quashed by issuing a writ of certiorari; with further direction to the official-respondents that the posts of class-IV employees be filled up in accordance with rules and procedure.3. Facts of the case, in brief, may be noticed. The case of the petitioners before the writ Court was that the official-respondent, Dr....
Jagdish Raj and ors. Vs. Bhan Kour and ors.
Court: Jammu and Kashmir
Decided on: Jun-10-2004
Reported in: 2004(3)JKJ521
S.K. Gupta, J.1. This appeal is directed against the order dated 13.11.1998 propounded by the learned Single Judge in OWP No. 442 of 1989 entitled Jagdish Raj and Anr. v. Smt. Bhan Kour and Ors.2. By means of the aforesaid judgment and order, the learned Single Judge affirmed the finding of the Jammu & Kashmir Special Tribunal, Jammu that proceedings pertaining to the dispute as to whether who would inherit the occupancy rights of Rehmat Ali should be deemed to have been abated.3. The dispute pertains to land aggregating 18 kanals contained in khasra No. 266 and 266 min in Village Raipur Satwari, Tehsil & District Jammu. Rehmat Ali has occupancy right in the land under Bhagat Ram proprietor. After the death of Rehmat Ali all his occupancy rights of tenancy stood transferred in the name of his two sisters namely Noor Jahan and Mst. Ghulam Fatima, vide order dated 4th Magh 2001 passed by Revenue Assistant on mutation No. 133. Bhagat Ram proprietor of the land challenged the mutation in a...
Ali Mohd. Ganai and anr. Vs. National Insurance Co. and ors.
Court: Jammu and Kashmir
Decided on: Jun-10-2004
Reported in: II(2005)ACC244,2005ACJ174,2004(3)JKJ583
Syed Bashir-Ud-Din, J.1. One Sharik Rashid Wani on 16-07-1997, while traveling in Motor Vehicle bearing Registration mark and No. 4493 JKO 1 on Anantnag Kulgam road, was flung out of the vehicle at Kanipora Kulgam and run over next moment by the very vehicle, while the vehicle was driven by driver Respondent No. 2, rashly/negligently. The life of this young boy aged 21 years, was thus suddenly put to an end by the vehicular accident. His parents preferred claim before MACT Anantnag. The Tribunal after summoning the parties, providing them opportunity to complete pleadings and lead evidence, on appreciation of evidence, after hearing the parties allowed the compensation of Rs. 05,86,000 with 9% simple interest P.A from the date of institution of the petition till actual realization to mother and father in the ratio of 5/6 : 1/6. The compensation was awarded against the owner and driver, parties to the petition jointly and severally though in the first instance the award amount was recov...
Mst. Saleema and ors. Vs. Habibullah and ors.
Court: Jammu and Kashmir
Decided on: Jun-10-2004
Reported in: AIR2005J& K1,2004(3)JKJ573
Syed Bashir-Ud-Din, J.1. The three contesting respondents have filed suit for specific performance and injunction in respect of 41 kanals and 18 Marias of land situated at Rakh Shilwat Tehsil Sonawari District Baramulla, more specifically referred in para 2 of the plaint, on plaint averments that three agreements to sell have been executed on 12-09-2002 by appellant-defendants in their favour. They have been put in possession of land. Over 16 Lakh Rupees stand paid as consideration to defendants. As defendants are avoiding to execute the sale deeds and are helt bent to interfere with plaintiffs possession over the land, hence this suit.2. Alongside an application for temporary injunction was also filed. The trial court of District Judge Baramulla gave a provisional direction requiring defendants 'not to cause any interference in the suit property.' This direction of December 13, 2004 is subject to objections. The defendants appeared and filed objections. The trial court after hearing t...
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