Jammu and Kashmir Court June 2004 Judgments
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Soba Ram Vs. Sanjeev Sharma
Court: Jammu and Kashmir
Decided on: Jun-10-2004
Reported in: 2004(3)JKJ434
S.K. Gupta, J.1. This Civil Second Appeal is directed against the judgment and decree dated 7.11.2002 passed by the learned District Judge, Udhampur, whereby he has affirmed the judgment and decree dated 19.2.1996 passed by the trial court in eviction Suit No. 99-Civil/1992 in case entitled Sanjeev Sharma v. Sobha Ram. It appears that Sanjeev Sharma, respondent (Plaintiff) had initiated an action for eviction from a single storey shop located at Ward No. 2 Domala Udhampur, explicitly delineated in the plaint against Soba Ram, appellant(defendant). The sole ground taken by the respondent(plaintiff) in the suit was that he had purchased the demised shop from its original owners Sh. Dalpat Sharma and Chander Kant Sharma sons of Pt. Amar Nath Sharma for his personal use and occupation as he was sitting idle and without a job. It was further stated in the plaint that after the execution of Sale Deed, he informed the defendant about the change of ownership in respect of the suit shop and lat...
Bharat Sanchar Nigam Ltd. Vs. Bhupinder Singh Bhargava, Advocate
Court: Jammu and Kashmir
Decided on: Jun-10-2004
Reported in: AIR2005J& K11,2005(1)JKJ91
Permod Kohli, J.1. This Letters Patent Appeal is directed against the judgment dated 19.02.2004 passed by the learned Single Judge of this Court in OWP No. 528/02 whereby writ petition of the appellant against the judgments of the State Commission and Divisional Forum constituted under the J&K; Consumer Protection Act, has been dismissed in limine.2. Admitted facts as emerge from the record are that the telephone connection of the respondent was disconnected allegedly for non-payment of dues. The respondent pleaded payment of the bills, however, ignoring his plea telephone was disconnected. The respondent approached the Divisional Forum against the action of the appellant and it was during the pendency of the proceedings before the Divisional Forum, the respondent admitted having received the payment and restored the telephone connection. The Divisional Forum after the parties led their evidence passed order dated 31.01.2001 awarding an amount of Rs. 15,000/- as compensation, refund of...
Jagdev Singh Vs. Lokesh Jha and anr.
Court: Jammu and Kashmir
Decided on: Jun-10-2004
Reported in: 2005CriLJ821,2005(2)JKJ92
S.K. Gupta, J.1. This appeal under Section 476-B of the Jammu and Kashmir code of Criminal Procedure, 1989 (1933 AD) (hereinafter referred to, as ''the Code') arises out of an order dated 19-4-2004passed by the learned single Judge in contempt proceedings under the Jammu and Kashmir Contempt of Courts Act, 1997. Byvirtue of the aforesaid order, the learned single Judge did not find any ground to proceed against the respondents under theContempt of Courts Act, 1997 and the rule issued against the respondents, stood discharged and the Contempt Petition No. 29-B of 2003 along with connected CMP(s) was dismissed.2. It appears that appellant filed a writ petition bearing No. SWP No. 583 of 2003, alleging certain irregularities and illegalities committed by the respondents in utilization of the quota for the posts of Senior Assistants/Head Assistants in the Revenue Department. The aforesaid writ petition was disposed of vide order dated 4-8-2003 along with connected CMP(s) in directing the r...
State of J and K Vs. Phangi
Court: Jammu and Kashmir
Decided on: Jun-10-2004
Reported in: 2005(1)JKJ216
S.K. Gupta, J.1. Proceedings in case entitled State of Jammu and Kashmir v. Phangi, in terms of Section 374 of Cr. P.C. have been received from the learned Sessions Judge, Udhampur, for confirmation of sentence of rigorous imprisonment for life awarded to the accused for the commission of offence under Section 302 RPC and also a fine of Rs. 10,000/- and in the event of non payment of fine, he shall further undergo an imprisonment of like nature for a period of two years, vide judgment and order dated 28-08-1998.2. The case of the prosecution, as unfolded during the trial, in nutshell, is that the accused, the deceased and PW Des Raj used to work as Butchers in the Army at Pathankot. They left Pathankot for their native place at Ram Nagar on 13-08-1996, On reaching Udhampur Bus Stand at 6.30 P.M., they could not find any Bus for Village Barmeen. There were, however, about 30/32 passengers, including the deceased, the accused and PW Des Raj who were also going to Village Barmeen and join...
Vikram Singh Jamwal Vs. State and ors.
Court: Jammu and Kashmir
Decided on: Jun-10-2004
Reported in: 2005(2)JKJ118
S.K. Gupta, J.1. The inherent jurisdiction of this Court is sought to be invoked under the provisions of Section 561-A of Code of Criminal Procedure or in the alternative, the petition be treated as Criminal revision, against the order dated 11.3.2003 passed by learned 1st Addl. Sessions Judge, Jammu,, whereby charges have been framed against the petitioner Vikram Singh, for offences under Sections 467, 468, 471 and 472 RPC and for setting aside the same. Facts relevant for appreciating the controversy may, in brief, be noticed as under:2. Petitioner, Vikram Singh, is an Inspector in Police Department. It is disclosed from the record that petitioner was found in possession of two Maruti Cars, being Maruti Zen under registration NO: JK03-4732 and Maruti Car under registration NO: JK13-2732, in respect of which he got prepared fake registration certificates. Petitioner could not produce the registration certificate during investigation in respect of Car No. JK03-4732. It is further revea...
Mushtaq Ahmad Khan Vs. State of J and K and ors.
Court: Jammu and Kashmir
Decided on: Jun-09-2004
Reported in: 2004(3)JKJ10
S.N. Jha, C.J.1. A short but significant question of law- whether unauthorized absence of an employee beyond the period prescribed under the rules results in automatic cessation of employment - arises for consideration in this Letters Patent Appeal. The question is not res integra. However, in view of the stand taken on behalf of the State, we consider it appropriate to record a brief order clarifying position in law. 2. Facts of the case may be stated first. The appellant was initially appointed as an Orderly in the Forest Department. He was later promoted to the post of Forest Guard which post he claims to be holding on substantive basis at the relevant time. In December, 1991, he professedly proceeded on one month's leave. According to the appellant, he went on leave because his uncle had been killed by some unidentified assailants and he apprehended threat to his life. He stayed away from his job until 26th February, 2000 when he reported for duty. His joining was accepted by Range...
Mukhtar-ul-aziz Vs. State of J and K and ors.
Court: Jammu and Kashmir
Decided on: Jun-07-2004
Reported in: 2005(2)JKJ583,(2005)IILLJ1059J& K
S.N. Jha, C.J.1. The dispute in the writ petition/appeal relates to the appointment of respondent No. 4, Asif Hamid Khan, (hereinafter referred to as the respondent) on the post of Trade Agent. In the writ petition prayer of the petitioner/appellant, Mukhtar-ul-Aziz, is for quashing the impugned order of appointment dated 13.12.1990 and for a madamus to allow him (petitioner) to continue on the post till proper selection and appointment. By order dated 12.3.1990, a learned Single Judge of this Court referred the case to larger Bench for decision on the points formulated. Feeling aggrieved by observations/findings regarding contractual nature of his employment, terminable at one month's notice by either side, the petitioner preferred appeal in hand under Clause 12 of the Letters Patent. The dispute being same and the appeal arising from the writ petition itself, both writ petition and appeal were taken up for hearing together.2. The case of the petitioner, briefly stated, is that on 15....
Dr. Ashwani Kumar Sharma and ors. Vs. State and ors.
Court: Jammu and Kashmir
Decided on: Jun-07-2004
Reported in: 2005(2)JKJ55
Permod Kohli, J.1. The common issues are involved in these petitions. Accordingly, the same are being disposed of by a common judgment.OWP No. 104/04:2. The petitioner in this case applied for his selection/admission to the post graduation course pursuant to the Advertisement Notice issued by respondent No. 3 in the year 2001. He participated in the selection process and declared successful in the open merit category. After counseling for allocation of discipline, he was given admission to diploma course in Paediatrics (DCH) in the Government Medical College, Jammu where the petitioner joined and had completed the course at the time of filing of this petition. In the year 2003, respondent No. 3 issued another Notification No. 50-BPEE of 2003 dated 22.10.2003 invited applications for entrance test for admission to post graduation course in the Medical Colleges of the State. The petitioner again applied pursuant to the aforesaid Notification. Respondent No. 3 vide subsequent Notification...
State of J and K Vs. D.N. Kotwal and ors.
Court: Jammu and Kashmir
Decided on: Jun-05-2004
Reported in: 2004(3)JKJ376
V.K. Jhanji, J.1. This Letters Patent Appeal arises out of judgment and order dated 29th December, 2000 passed in writ petition, OWP No. 3/94, whereby the learned Single Judge has held all the Members, including the Chairman, of Jaramu and Kashmir Public Service Commission entitled to count the service rendered by them as such Members or Chairman, as the case may be, of the Commission for pension and other pensionary benefits, notwithstanding whether they are appointed to such office while in active service or after their retirement, and directed that the pensionary benefits be counted and released in favour of the petitioners, respondents herein, within a period of three months.2. The core issue involved in this matter basically relates to the purport of the Regulations framed by the Governor in pursuance of constitutional provisions. Therefore, before narrating the case of the respondents that was put forth in the writ petition, we deem it appropriate and advantageous to refer to the...
Mohd. Maqbool Dar and anr. Vs. State of J and K and ors.
Court: Jammu and Kashmir
Decided on: Jun-04-2004
Reported in: AIR2005J& K45,2004(3)JKJ443
Permod Kohli, J.1. Petitioners' land and structures have been acquired by adopting procedure prescribed under the provisions of Land Acquisition Act. Notice Under Section 4 and declaration Under Sections 6 and 7 of the Land Acquisition Act were issued. Award in terms of Section 11 of the Land Acquisition Act has also been passed. Petitioners total land measuring 11 marlas and 30 Sq. feet is subject matter of acquisition. Respondents also initiated proceedings Under Section 17 of the Land Acquisition Act on account of immediate need of land for widening of road from Denis Gate to Gujjar Nagar and New Tawi Bridge Gujjar Nagar to Deputy Commissioner's Office Jammu. Compensation of Rs 6,50,000/- and Rs 3,83,304/- for structures and land respectively has been assessed. Entry in this regard is existing in the draft award at serial No; 53/3. At the time of acquisition, petitioners' father was alive and all the documents indicate name of the father of petitioners' namely Sh. Abdul Rehman S/o S...
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