Jammu and Kashmir Court September 2004 Judgments
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Union of India (Uoi) and anr. Vs. Shri Bharat Bhushan
Court: Jammu and Kashmir
Decided on: Sep-30-2004
Reported in: 2005(2)JKJ282
S.K. Gupta, J.1. Initiated by the defendants, this appeal seeks to examine the correctness of the Judgment and decree dated 30-04-1994 drawn by the learned District Judge, Jammu in an action, instituted by the plaintiff for eviction of the defendants from the demised premises of first floor of the portion covered by an area of 657 sqft. commonly known as Amar Market building situated at Raghunath Bazar, Jammu, belonging to the plaintiff, respondent herein, and recovery of a sum of Rs. 1,80,000/- as compensation for unauthorized use and occupation of the same unto 28th September, 1989. In culmination of the trial of the suit, the Court below has passed the decree for possession by ejectment of the second defendant and recovery of Rs. 78,840/-as compensation for use and occupation of the premises from April, 1987 till the commencement of the suit.2. Setting in facts of the case, a portion of the building explicitly delineated in para 1 of the plaint belonging to the plaintiff was initial...
Nanak Chand Vs. Union of India (Uoi) and ors.
Court: Jammu and Kashmir
Decided on: Sep-30-2004
Reported in: 2005(2)JKJ266
Permod Kohli, J.1. Respondent-Triveni Structurals Ltd, Allahabad is Government owned company. Petitioners were engaged by the respondent-company as Mechanic and Clerk respectively on 23.6.1989 and 1.6.1989 at Narloo Bridge site, Arnas, Tehsil Reasi District Udhampur. Services of the petitioners have been terminated in the month of September 1998 on completion of Narloo Bridge project. While terminating the services, they were allowed retrenchment benefit. This is evident from order dated 27.9.1998 annexure-A with the writ petition and an amount of Rs. 7029/- was paid to the petitioner No: 1 and Rs. 7227/- was paid to petitioner No: 2. Retrenchment compensation has been assessed in respect to employment of the petitioner No: 1 for the period 23.6.1989 to 27.9.1998 and in respect to petitioner No: 2 for the period 1.6.1989 to 29.9.1998. Claim of the petitioners in the present petition is for quashment of order of their termination and for their re-employment as well as consequential regu...
Chuni Lal Koul Vs. State
Court: Jammu and Kashmir
Decided on: Sep-30-2004
Reported in: 2004(3)JKJ624
S.K. Gupta, J.1. Appellant, Chuni Lal Koul, has been convicted by learned Special Judge Anti-corruption, Jammu, vide its judgment dated 29.1.1996 Under Section 5(2) of Prevention of Corruption Act, 2006 BK and sentenced to undergo rigorous imprisonment of two years and a fine of Rs. 20,000/-. The appellant was further convicted for offence Under Section 161 RPC and sentenced to undergo one year's rigorous imprisonment and a fine of Rs. 5,000/-, however, both the sentences were ordered to run concurrently and in default of making the payment of fine, the appellant was ordered to further undergo imprison- ment of six months on both the counts. Aggrieved by the judgment and order aforesaid, propounded by learned Special Judge Anti-corruption, Jammu, the appellant has impugned its correctness in this appeal.2. The case of the prosecution, enumerated from record, in nutshell, is that the accused-appellant, while posted as Patwari at Hardu Ichloo, Tangmarg, has demanded Rs. 1000/- as illegal...
Janshruti Mehta Vs. University of Jammu and ors.
Court: Jammu and Kashmir
Decided on: Sep-30-2004
Reported in: 2005(1)JKJ134
Permod Kohli, J.1. Petitioner a student of Bachelor of Engineering Course (Mechanical) of Government College of Engineering and Technology, Jammu ,has been constrained to approach this court to seek a direction for pursuing his further studies in the Engineering Course to which he has been admitted through the competitive examination. Petitioner came to be admitted to the Bachelor of Engineering Course in the Mechanical Engineering through competitive examination conducted by the competent authority in the year 1999. He successfully passed six semesters without any re-appear in any paper of the subject and attended the course of study for the 7th semester. The examination for the 7th semester was scheduled to be held on 29.8.2003. Unfortunately, the petitioner met with an accident on 24.8.2003 and sustained serious injuries. He was admitted in Government Medical College , Jammu in serious condition from-where he was shifted to Dr. Karam Singh Memorial Arthopedic Hospital and Research C...
Dujodwala Resins and Terpenes Ltd. Vs. State of Jammu and Kashmir
Court: Jammu and Kashmir
Decided on: Sep-30-2004
Reported in: 2005(1)JKJ344
S.K. Gupta, J.1. This petition has been preferred under Section 11(6) of the Jammu and Kashmir Arbitration and Conciliation Act, 1997 (hereinafter for short referred to as 'the Act, 1997) in seeking appointment of an Arbitrator within the period of notice as given by the petitioner.2. The petitioner is a Company and established its unit for manufacture of Rosin and Turpentine and Rosin Derivatives after putting an initial investment of Rs. 2.5 crores at Bari Brahmana, Jammu. The unit is stated to have been established in response to the various incentives offered by the Government of Jammu and Kashmir to attract and induce the entrepreneurs from all over the country. The unit established by the petitioner started commercial production from September, 1979. Since Oleo Pine Resin Gum, a raw material to be used in the petitioner's unit, was a monopoly product of the Government, quotas were allotted to different units working in the State and supplied on payment of the price fixed by the F...
Falail Singh Vs. State and ors.
Court: Jammu and Kashmir
Decided on: Sep-30-2004
Reported in: 2005(1)JKJ364
S.K. Gupta, J.1. Petitioner was enrolled as Constable in J&K; Police Department and allotted No. 156/PTC. Subsequently, he was promoted as Selection Grade Constable on 14.5.1986 and thereafter as Head Constable in June 1997. In the year 1989 the petitioner was posted and attached with Sher-I-Kashmir Police Training College, Udhampur (PTC Udhampur for short). According to the petitioner, a case was registered against him by Vigilance Organisation under FIR No. 67 of 1984 on a complaint lodged by one Ghulam Qadir Sofi. The petitioner had to attend the court of Anti-Corruption at Srinagar every month when the date was fixed and on account of this he could not attend the duties. Order No. 352 of 1989 dated 12.6.1989 came to be issued by which increment for three months of the petitioner came to be stopped. Thereafter Order No. 606 of 1989 dated 16.9.1989 came to be issued by the respondents, whereby, increment of the petitioner was stopped for a period of one year. Further, order No. 158 A...
Madan Lal Vs. State of Jammu and Kashmir and ors.
Court: Jammu and Kashmir
Decided on: Sep-30-2004
Reported in: 2005(2)JKJ255
S.K. Gupta, J.1. The petitioner's son, Deepak Kumar, has been detained in pursuance of an order of detention, passed by District Magistrate, Srinagar, vide order No. DMS/PSA/70 dated 18-10-2002 and in order to prevent him from acting, in any manner, prejudicial to the maintenance of public order under Section 8 of the J&K; Public Safety Act, 1978 (hereinafter for short referred to as 'the Act') the detenue has been detained for a period of 12 months and lodged in Central Jail, Kot Bhalwal, Jammu, vide Government Order No. Home/PB-V/2417 of 2002 dated 12-12-2002. The order of detention passed by the detaining authority has been challenged by the detenue on variety of grounds, enumerated in para 5 of the petition, which are detailed as under:'(a) That the grounds on the basis of which the son of the petitioner has been detained are not covered by the grounds mentioned in Section 8 of the Public Safety Act of 1978. A photo copy of chapter IV, Section 8 of the Public Safety Act is attached...
Lakshmi Rani Baloria Vs. State and ors.
Court: Jammu and Kashmir
Decided on: Sep-29-2004
Reported in: 2005(1)JKJ159
Y.P. Nargotra, J.1. The husband of the petitioner was an employee of J&K; Animal Husbandry department. He was working as Veterinary Assistant Surgeon. He was placed under suspension vide Govt. order No. 251-ASH of 1991 dated 1st of October 1991, for the reason that a case under FIR No. 9/82-2292 under Section 5 (2) of Jammu and Kashmir Prevention of Corruption Act read with Sections 409/120B of RFC stood registered against him. The said FIR came to be investigated and challan was filed for trial of the accused along with another accused namely Kulwant Singh for commission of the said offences. During the trial, the petitioner's husband reached at the age of superannuation on 30,9.1997. The petitioner submits that whatever was due to the Government for which the case stood registered was received from the Banks and deposited into Govt Treasury except an amount of Rs. 68.87. P. which was lying with the United Commercial Bank, Rohtak. The copy of the communication dated 21.04.2004 issued ...
Ali Mohd Wani Vs. Qazi Abdul Rashid
Court: Jammu and Kashmir
Decided on: Sep-29-2004
Reported in: 2005(1)JKJ206
S.N. Jha, C.J.1. This civil revision by the defendant is directed against part of the judgment and order of the District Judge, Srinagar dated 6th April, 1996 in appeal No. 7 of 1994 by which, while remanding the suit to the trial court for fresh decision, he upheld the order of the trial court by which the defence of the defendant as to ejectment had been struck out in terms of Section 12(4) of the Jammu and Kashmir Houses and Shops Rent Control Act, 1966.2. The facts of the case so far as relevant for disposal of this revision are that the plaintiff-respondent filed suit for ejectment of the petitioner on ground of personal requirement and default in payment of rent. On application for deposit of arrears and current rent, an order under Section 12(4) of the Act was passed on 2nd August, 1985. Section 12(4) requires the tenant to deposit the arrear rent within fifteen days of the order and the current rent by the fifteenth day of the next following month. Alleging that the petitioner ...
Sumeet Mahajan Vs. State and ors.
Court: Jammu and Kashmir
Decided on: Sep-29-2004
Reported in: 2005(3)JKJ472
S.K. Gupta, J.1. Objections have been filed.Petition is admitted to be heard.2. Learned counsel for the respondents submit that objections already filed be treated as counter. On the consensus of learned Counsel appearing for the parties, the petition is taken up for final disposal.3. Vide notification No. 25 BPEE of 2004 dated 19.5.2004 issued by respondent No. 2, inviting applications from students desirous to undergo different professional courses for appearing in entrance examination, the petitioner submitted his application form and appeared in the examination under roll number 504364. The petitioner has given his choice in his application form as (1) MBBS (2) BDS (3) Payment Seat in ASCOMS (4) B.V.Sc Vetenery and (5) BAMS Ayurveda. The merit position of the successful candidates came to be published and notified by respondent No. 2 on 26.7.2004 in Daily Excelsior. The petitioner was selected against payment seat in BAMS Course, having obtained 166 marks in entrance examination. P...
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