Jammu and Kashmir Court August 2004 Judgments
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National Insurance Co. and ors. Vs. Tsering Dorjey and ors.
Court: Jammu and Kashmir
Decided on: Aug-26-2004
Reported in: II(2005)ACC261,2006ACJ709,2004(3)JKJ534
R.C. Gandhi, J.1. These appeals have been filed against the common judgment and award dated 29.10.2003 passed by the Motor Accident Claims Tribunal Leh/ Ladakh (hereinafter referred to as 'the Tribunal') in twenty claim petitions arising out of the same accident, wherein while allowing the claim petitions, compensation has been awarded to the claimants. The appeals have been consolidated and are being disposed of by this common order having involved common questions for adjudication.2. On 26.6.2001 an accident took place at Khardanglo Leh near Indian Gate. The vehicle involved in the accident was 42 seats passenger bus bearing No. JK01-A 7387. Respondent No. 4 Lob Zang Zangpo was driving the bus at the time of the accident. The owner of the bus is Tashi Rigzin, respondent No. 3. The vehicle involved in the accident was insured with the National Insurance Company, the appellant. The claim petitions were filed on the ground that accident was caused due to the rash and negligent driving o...
National Insurance Co. Vs. Mohd. Sultan Asim and anr.
Court: Jammu and Kashmir
Decided on: Aug-25-2004
Reported in: 2004(3)JKJ345
S.N. Jha, C.J.1. The Claimants of claim case under Motor Vehicles Act, Who were respondents in the connected LPA Nos. 34 and 35 of 2002, titled National Insurance Company Ltd v. Mohammad Sultan Asim and Ors., seek review of the judgment and order of the Division Bench dated 2nd December, 2002 in the aforementioned appeals allowing in part the appeals of the Insurance Company and modifying to that extent the award of Motor Accidents Claims Tribunal, Srinagar2. In view of the nature of the present petition and the arguments advanced by counsel for the parties, it is not necessary to notice the facts of the case. Suffice it to say that a motor accident took place on 20th April, 1997 at Laveypora, Srinagar, in which claimant Mohammad Sultan Asim, who was driving scooter enroute to Magam from Srinagar, sustained injuries and his son, Suhail Sultan, who was sitting on the pillion seat, lost his life when the scooter was hit by a bus bearing registration no JKB-8766 driven by Manzoor Ahmad Ga...
State of J and K Vs. Dr. Sakhi Willayat
Court: Jammu and Kashmir
Decided on: Aug-23-2004
Reported in: 2004(3)JKJ412
R.C. Gandhi, J.1. This Letters Patent Appeal is directed against the Judgment and order dated 23. 7. 2003, whereby the learned Single Judge in OWP No. 431/1995 has issued a direction to the respondents 1 and 2, appellants herein, to arrange and make the payment of medical claim of Rs. 2, 28, 081A to the petitioner who has been treated out side the Country.2. The facts of the case are that Master Adil son of respondent/ writ petitioner, Assistant Surgeon in the Health Department, developed complex Cardiac ailment in the year 1988. On medical advise, the petitioner took his son Master Adil to United Kingdom for his treatment. He was treated and on his return a medical reimbursement claim was submitted to the Government which was permitted vide order dated 11.3.1992 in relaxation of rules. Unfortunately, the problem again developed. This time it was a case of acute Pulmonary edema. He was taken to Sheri Kashmir Institute of Medical Sciences Soura, Srinagar wherein on medical examination, ...
National Insurance Co. Vs. Sushila Devi Mantoo and ors.
Court: Jammu and Kashmir
Decided on: Aug-20-2004
Reported in: AIR2005J& K42,2004(3)JKJ390
R.C. Gandhi, J.1. Petitioner by means of this petition seeks to quash order dated 7.9.2001 and 17.7.2001 passed by the Divisional Consumer Forum, Srinagar and the State Consumers Protection Commission, Srinagar respectively.2. The brief facts of the case are that the respondent No. 1/complainant (hereinafter 'the complainant') before the Divisional Consumer Forum, alongwith other brothers owned and possessed a single storey residential house at village Deegam Magabal, Shopian. It was insured by her with the appellant vide Insurance Policy No. 421002/3102740 for a period of one year that is from 19.8.1996 to 18.8.997. During the currency of the insurance cover the insured property was set at fire by some un-identified persons and sustained total loss. The complainant informed the appellant on 26.7.1997 and report was also lodged in the Police Station, Shopian which came to be registered as FIR No. 263/1997 Under Section 436 RPC. The appellant avoided to make the payment and after some t...
Romesh Chander Vs. Om Parkash
Court: Jammu and Kashmir
Decided on: Aug-20-2004
Reported in: 2005(1)JKJ351
S.K. Gupta, J.1. This revision is directed against the order dated 07/02/2004 formulated by the learned Munsiff Udhampur, by virtue of which, application of the defendant/petitioner to summon Sh. Sain Dass Jangwal, the then Sub Registrar, Udhampur, as witness to prove the document dated 10/07/1996 registered on 16/07/1996, has been declined.2. Facts, in resume, may be noticed. The execution of Relinquishment Deed dated 10/07/1996 registered on 16/07/1996 by the Sub Registrar, Udhampur, was challenged in a suit filed by the plaintiff before the Munsiff, Udhampur, on the filing of the demurrer and after framing of the issue, the matter was pending at the stage of recording defendant's evidence. After the plaintiff examined his witnesses in entirety, an application came to be initiated by the defendant/petitioner seeking the indulgence of the Court to summon the then Sub Registrar, Sh. Sain Dass Jangwal, who had registered the document, and examine him as witness. This necessity, accordin...
Charan Dass Vs. Chander Shekhar Gupta and ors.
Court: Jammu and Kashmir
Decided on: Aug-20-2004
Reported in: 2006(1)JKJ39
S.K. Gupta, J.1. This revision is directed against the order dated 15.4.2003 propounded by Sub Judge, Katra, whereby the applications of the defendants-respondents, for recasting of issues and for permission to place on record the additional documents, have been allowed.2. A suit for declaration came to be commenced by the plaintiff-petitioner, seeking to declare the gift deed dated 8.7.1982, registered on 8.9.1982, with regard to land measuring 18 marlas under survey No. 582/201, situate at Katra, as null, void and in-operative with a further relief of permanent prohibitory injunction, restraining the defendants-respondents from interfering into the said land, transfer or alienate it in any manner whatsoever. The case of the plaintiff-petitioner before the trial court is that he became the owner of the land on the basis of a gift deed dated 4.10.1968, executed by one Munshi Ram. The said gift deed is not, however, in controversy in the suit. Petitioner further stated to have executed ...
Controller Weights and ors. Vs. Maqbool Ahmad
Court: Jammu and Kashmir
Decided on: Aug-19-2004
Reported in: 2005(1)JKJ211
Nisar Ahmad Kakru, J.1. Writ petitioner (respondent No. 1 herein) claiming to man the post of a Watchman, sought the indulgence of the writ Court buy medium of SWP No. 419/2003 to command the State and its functionaries to continue him oh the said post and to release salary in his favour for the period commencing from April, 2001 and onwards on the strength of the order of appointment which reads:In pursuance of the D.P.C. decision and in light of SRO 126 Sh. Maqbool Ahmad Khan (T.D.C. Pass) S/o Khadim Hussain Khan R/o Niloosa Pashwari Tehsil Uri Dist. Baramulla is temporarily appointed in the grade of Rs. 2550-3200 as Watchman and is posted Inspectorate Sopore against available post. He will however allowed to join only after producing of Police verification/character certificate.'2. Writ petition came up consideration before the Court on 24-03-2003 and the following order was passed which may be noticed:'Notice. Notice in the CMP also. On the assumption that the order of appointment ...
Abdul Ahad Kana Vs. Habibullah Kaloo
Court: Jammu and Kashmir
Decided on: Aug-17-2004
Reported in: 2004(3)JKJ677
S.N. Jha, C.J.1. The same old dispute - whether the document is lease or licence deed - some time a vexed one, arises for decision in this civil revision by the plaintiff. The significance of the question is that the answer decides nature of the suit and area of adjudication. The relevant issues came to be decided as preliminary issues on the direction of this Court in Civil Revision No. 90 of 1999.2. In Cobb v. Lane, (1952) ALL ER 1199, it was observed that in the former days, except for the question of the statute, the distinction between a tenancy, whether at will or for a period, and a licence was not so important as it has become since the Rent Restrictions Acts came into operation. If the document is held to be licence deed, the defendant, as a tenant, the lessee, would be entitled to the protection of Jammu and Kashmir Houses and Shops Rent Control Act. 1966. According to the plaintiff, the defendant is a licensee and, therefore, not entitled to such protection.3. The suit has b...
Abdul Gani Beigh Vs. J and K Agro Industries Dev. Corpt. Ltd. and ors.
Court: Jammu and Kashmir
Decided on: Aug-17-2004
Reported in: 2005(1)JKJ27
R.C. Gandhi, J.1. This LPA has been preferred against the judgment dated 13.05.1999 passed in SWP No. 157/94, whereby the Learned Single Judge has allowed the Writ Petition of the writ petitioner Roshan Lal Mahaldar, Respondent No. 5 herein, for short 'respondent', and quashed the promotion of the Appellant as Head Assistant with further direction to the respondents No. 1 to 4 therein to consider the case of the Respondent and if upon consideration under rules found suitable, to promote him to the post of Head Assistant with effect from 9.7,1993 treating him senior to the Appellant as Senior Assistant and provide him all consequential benefits including monetary benefits from the date of such promotion.2. Relevant facts necessary for disposal of the appeal are; that the Respondent and the Appellant were appointed initially in the Agro Industries Development Corporation Limited, Srinagar, for short' The Corporation'. The Appellant was appointed as an Orderly on 07.02.1973. He was promot...
Vijay Kumar Gupta Vs. R.S. Traders
Court: Jammu and Kashmir
Decided on: Aug-16-2004
Reported in: 2005CriLJ3860,2005(2)JKJ279
S. K. Gupta, J.1. There is delay of 111 days in filing the revision.After hearing learned counsel for the applicant and having regard to the cause shown in the application, I am satisfied that the delay in filing the revision was neither intentional nor deliberate but on account of the circumstances set out in the application. The application is allowed. Delay in filing the revision is condoned.Registry is directed to register and number the revision.Criminal Revision No. /2004.2. On a complaint filed by the respondent, under Section 138 of the Negotiable Instruments Act, (hereinafter for short referred to as 'the Act') in alleging that the cheque issued by the petitioner for a sum of Rs. 25,000/-, in discharge of his debt liability, when presented before the Bank, stood dishonoured and despite making demand by giving a notice in writing by the drawee of the cheque within 15 days from the date of receipt of the information from the Bank that the 'account closed', the cheque amount was ...
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