Jammu and Kashmir Court November 2005 Judgments

New India Assurance Co. Ltd. Vs. Farida Begum and ors.

Court: Jammu and Kashmir

J.P. Singh, J.1. This Letters Patent Appeal is directed against judgment datec 21.11.2002 of learned Single Judge in CIMA No. 259/2002, whereby while dismissing the appeal of New India Assurance Company Limited, the learned Single Judge, upheld the award dated 23.10.2001 of Motor Accidents Claims Tribunal, Bhaderwah.2. The facts giving rise to this appeal may be summarized thus. S/Sh Irshad Ahmed and Nissar Ahmed, were travelling in a mini load carriei bearing registration No. JKS-4851, when it rolled down river Chenal: causing instantaneous death of the persons named above,3. Farida Begum, the widow and Asaf Irshad minor son of the deceased filed Claim Petition No. 32/MACT before Motor Accidents Claims Tribunal Bhaderwah.4. The claim was contested by driver and Insurance Company. The owner of the vehicle did cause his appearance in the Court but thereafter he was proceeded exparte.5. Mir Baz Naik and Fatima Begum, father and mother of the deceased too were arrayed as petitioners/claim...

New India Assurance Company Ltd. Vs. Sughra Bibi and ors.

Court: Jammu and Kashmir

Reported in: 2007ACJ2784,2006(2)JKJ292

J.P. Singh, J.1. This Letters Patent Appeal is directed against judgment dated 29.12.2000 in CIMA No. 117/96, whereby while dismissing the appeal of the appellant, learned Single Judge has upheld the award dated 09.03.1996 of Motor Accident Claims Tribunal, Jammu.2. Facts leading to the filing of this Letters Patent Appeal may be summarized, thus:One Noor Hussain was loading milk in cans on to the roof top of a bus bearing registration No. JK02A 4817, when the driver of the bus, without taking requisite care and caution, drove it rashly and negligently, which resulted in the instantaneous death of said Noor Hussain because of electrocution with over head electric wires.3. Sughra Bibi- widow of the deceased, Rubia aged 4 years, Tariq Hussain aged 2 1/2 years and Sadiq Hussain aged 1 year, filed a claim petition, which came to be registered as file No. l25/Claims.The Claims Tribunal raised following issues for deciding the claim petition. These issues read, thus:1. Whether accident invol...

Dr. Ab. Samad Vs. Financial Commissioner and ors.

Court: Jammu and Kashmir

Reported in: 2006(2)JKJ101

Bashir A. Kirmani, J.1. Objections have already been filed. With agreement of learned Counsel petition is admitted to hearing and in view of the nature thereof taken up for final disposal.2. Impugned in this petition are orders purporting to have been passed by respondent-District Magistrate and Financial Commissioner respectively on 02.07.02 and 15.04.2004, whereunder the District Magistrate assumed jurisdiction under Migrant Immovable Property (Preservation Protection and Restraint on Distress Sales) Act, 1997 and declaring petitioner's alleged encroachment of a common 'pathway' as illegal directed the Tehsildar Chadura to evict him therefrom forthwith, and Financial Commissioner confirmed the order on appeal.3. It appears that private respondents namely Kanta Ganjoo and Veena Ganjoo along with some inhabitants of the locality approached District Magistrate Budgam with a complaint against the petitioner that he had blocked the common pathway which among others led to their residentia...

New India Assurance Co. Ltd. Vs. Sughra Bibi and ors.

Court: Jammu and Kashmir

Reported in: I(2007)ACC316

J.P. Singh, J.1. This Letters Patent Appeal is directed against judgment dated 29th December, 2000 in C.I.M.A. No. 117/96, where by while dismissing the appeal of the appellant, learned Single Judge has upheld the award dated 9th March, 1996 of Motor Accident Claims Tribunal, Jammu.2. Facts leading to the filing of this Letters Patent Appeal may be summarized thus:One Noor Haussain was loading milk in cans on to the rooftop of a bus bearing registration No. JK02A 4817, when the driver of the bus, without taking requisite care and caution, drove it rashly and negligently, which resulted in the instantaneous death of said Noor Hussain because of electrocution with over head electric wires.3. Sughra Bibi-widow of the deceased, Rubla aged 4 years. Tariq Hussain aged 2/2 years and Sadiq Hussain aged 1 year, filed a claim petition, which came to be registered as file No. 125/Claims.4. The Claims Tribunal raised following issues for deciding the claim petition. These issues read, thus:1. Whet...

Anil Singh Vs. State and ors.

Court: Jammu and Kashmir

R.C. Gandhi, J.1. Petitioner seeks issuance of writ of Certiorari seeking to quash order No. 331 of 1998dated 15.12.1998 whereby the petitioner has been discharge from service. He further seeks writ of Mandamus directing the respondents to consider the case of the petitioner as being inservice candidate and grant all consequential benefits including the salary.2. The petitioner has averred in the petition that the petitioner was appointed as Warder vide order-dated 05,06.1996. The petitioner absented himself from duty w.e.f'. 23.03.1998 on account of illness of his wife. Subsequently, he also fell ill and could not report for duty. He, reported to resume duty but has not been permitted to resume his duty by the respondents. Under such circumstances, the petitioner filed SWP No. 1244/2000, which came to be disposed of on 29.09.2000 directing the respondents to hold inquiry as services of the petitioner have not come to end by any specific order. The petitioner, thereafter, was served wi...

Kuldeep Raj Sharma Vs. Citizen Co-operative Bank Ltd. and ors.

Court: Jammu and Kashmir

Reported in: 2006(2)JKJ564

Permod Kohli, J.1. Petitioner joined service of respondent- Bank as Peon-cum- Chow-kidar in the year 1980 and thereafter he came to be promoted as Cashier-cum- clerk in the year 1988. In the year, 1991, petitioner claims to have applied for sick leave. It is alleged that despite making such application, a charge sheet dated 22.10.1991 was served upon him seeking his explanation for his unauthorized absence. After serving reply to the charge sheet, his services were terminated vide order dated 7.8.1992. He claims to have made some representations. It is further stated that on the intervention of Staff Association of the Bank, management agreed to re- appoint the petitioner as Peon-cum- Chowkidar and consequently fresh order of appointment dated 19.11.1992 came to be passed whereby petitioner was re-appointed as Peon-cum- Chowkidar on temporary basis . It is claimed that petitioner joined his duty on 1.12.1992 though he was required to join on 28.11.1992. It is alleged that petitioner ag...

Sham Lal Sharma and ors. Vs. State of J and K and ors.

Court: Jammu and Kashmir

Reported in: 2006(2)JKJ612

Permod Kohli, J.1. A common question of law based upon similarity of facts is involved in all these petitions and are accordingly heard together and being disposed of by a common judgment.2. Sham Lal Sharma, petitioner in SWP: 1173/2002, was selected as Supervisor Cooperatives in district Kathua vide order dated 10.10.2001 on probation for a period of two years. He was in the waiting list which was published by Service Selection Recruitment Board while making selection for the posts of Supervisors. Pursuant to above said appointment, he joined his service and later removed vide impugned order dated 8.4.2002 by Registrar Cooperative Societies, Jammu. Rajeev Kumar, petitioner in SWP No: 1159/2002, also came to be appointed as Supervisor Cooperatives in district Udhampur from the waiting list where he figured at serial No. 1 in the open a category vide order dated 28.2.2002. He was on probation for a period of two years and removed from service vide impugned order dated 8.4.2002. Altaf Hu...

Ex. Sub. Maj. Bhan Singh Vs. Union of India (Uoi) and ors.

Court: Jammu and Kashmir

J.P. Singh, J.1. Four hundred sixty five days' delay in filing restoration applicats/beon, seeking restoration of Civil Second Appeal No. 26/2003 dismissed in default of appearance and for non-prosecution on 19.12.2003, is sought to be condoned by the applicant.2. The ground urged in support of the application is that applicant is an old man who could not know about the listing of the appeal and order passed therein on 19.12.2003 for pretty long time. The applicant adds that the case was to be listed in the Court after the service of the respondents. He submits that he came to know about the dismissal of the appeal for non-prosecution through respondent i.e. Station Headquarters, Udhampur, on 12.04.2005.3. Respondents object the condonation of delay on the ground that the applicant has not explained the delay in filing the application and the plea raised by the applicant is misconceived as he does not appear to have made any effort to know the fate of his case.4. Learned Counsel for th...

Sanjay Gupta Vs. Shivalik Investments

Court: Jammu and Kashmir

J.P. Singh, J.1. Sanjay Gupta, petitioner, seeks quashing of proceedings pending before learned City Judge, Judicial Magistrate 1st Class, Jammu in case titled M/s Shivalik Investments v. Sanjay Gupta.2. Sh. Bhatia, learned Counsel appearing for the petitioner, submits that complaint filed by M/s Shivalik Investments is not maintainable because Sh. Ramit Gupta, Manager of the concern, does not have any locus-standi to file the complaint.3. Sh. Sudesh Sharma, learned Counsel appearing for respondent, on the other hand submits that Sh.Ramit Gupta is duly authorized to sign the complaint which has been filed by M/S Shivalik Investments,Reva Kutir, Sarwal Chowk, Jammu.4. Learned Counsel appearing for respondent further submits that the plea regarding the capacity of Sh. Ramit Gupta to sign the complaint on behalf of M/S Shivalik Investments, Reva Kutir, Sarwal Chowk, Jammu, is a factual plea which plea cannot be considered in present proceedings.5. Learned Counsel appearing for respondent ...

Smt. Kulwant Kour Vs. Dr. Radhey Shyam

Court: Jammu and Kashmir

Reported in: 2006(2)JKJ206

Permod Kohli, J.1. This appeal is directed against the order dated 29.12.2001 passed by the learned Additional District Judge (Matrimonial Cases), Jammu, whereby the trial Court has declined the restoration of the application for setting aside the ex-parte decree preferred by the present appellant and earlier consigned to record for non-prosecution.2. The present appeal has been preferred under Order-XLIII, Rule-1(e) of the CPC. Mr. L.K. Sharma, learned Advocate appearing for respondent raised preliminary objection regarding the maintainability of the appeal. With a view to canvas his submission, he has relied upon AIR 1963 Jammu and Kashmir 12, Kaviraj Mohan Singh v. Shiv Ji Bhagati, wherein the Hon'ble Division Bench of this Court has held:Order 43 Rule 1(e) of the Code of Civil Procedure runs as under:An order under Rule 9 of Order IX rejecting an application (in a case open to appeal) for an order to set aside the dismissal of a suit.3. A careful analysis of this provision clearly ...