Jammu and Kashmir Court February 2005 Judgments
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Manmohan Singh Gouri Vs. Raman Rai and ors.
Court: Jammu and Kashmir
Decided on: Feb-21-2005
Reported in: 2005(2)JKJ289
Mansoor Ahmad Mir, J.1. This order will govern the three revision petitions bearing Nos. 12/2003, 13/2003 and 14/2003 presented by Mr. Z. A. Shah. These revision petitions are against the order of learned Additional District Judge, Srinagar dated 31st October, 2001, whereby the application presented by the defendant/petitioner herein for staying the proceedings in terms of the Jammu and Kashmir Migrant (Stay of Proceedings) Act 1997 (hereinafter referred as Act) stands rejected.2. Aggrieved by the said order, the petitioner herein has challenged the said order on the grounds taken in the revision petition. The main ground is that respondent Krishan Rao has not migrated after 1989 but has shifted his main office of business out of Jammu and Kashmir State prior to the year 1985.3. The petitioner stands recognized as migrant and accordingly, petitioner moved an application for staying the proceedings against the petitioner and other defendants. That both the parties are not migrants in te...
Executive Engineer Vs. Farooq Ahmad Tantray and anr.
Court: Jammu and Kashmir
Decided on: Feb-21-2005
Reported in: 2006ACJ1929,2005(2)JKJ554
Mansoor Ahmad Mir, J.1. This appeal stands admitted vide order dated 7th June, 2004 and listed for final hearing in the regular cause list. The appellant has challenged the award passed by Commissioner under Workman's Compensation Act (Assistant Commissioner) District Baramulla dated 01.01.2002 in the claim petition titled as Farooq Ahmad Tantry v. Executive Engineer and Anr. on the grounds enumerated in the memo of appeal.2. It appears that respondent Farooq Ahmad Tantry has filed the application on 28th October, 2000 before Commissioner under Workman's Compensation Act (Assistant Commissioner) Baramulla for awarding compensation to the tune of Rs. 2.75 lacs on the grounds that the respondent No. 1/ claimant is an employee in Electric Division Baramulla and was performing his duties on 8th May, 2000 when he sustained injuries arising out of and in the course of his employment. The respondent No. 1 claimant while connecting the H.T. jumper got an electric shock. The claimant sustained ...
Punjabi Brothers Vs. Punjab National Bank
Court: Jammu and Kashmir
Decided on: Feb-21-2005
Reported in: 2005(3)JKJ30
Mansoor Ahmad Mir, J. 1. By the medium of this Civil First Appeal the appellants have assailed the order dated 16.06.2001 passed by learned Additional District Judge (Bank Cases), Srinagar in a case titled M/s Punjabi Brothers u. Punjab National Bank on the grounds taken in the memo of appeal.2. Heard. It is profitable to give a resume of the minutes of the file the womb of which has given birth to the present appeal.3. It seems that the suit has been filed by the respondent/Bank for recovery before this Hon'ble High Court which was transferred to 2nd Additional District Judge, Srinagar vide order dated 16.04.1988 passed by Hon'ble High Court. The case has been diarised by the transferee court i.e., 2nd Additional District Judge, Srinagar vide order dated 04.05.1988. The defendants caused appearance on 18th June, 1988 and they were directed to file written statement. The defendants chose to remain absent and,, accordingly, ex parte proceedings were drawn against them vide interim order...
Gh. Rasool Bhat Vs. State of J and K Through Supdt. Vigilance Organisa ...
Court: Jammu and Kashmir
Decided on: Feb-21-2005
Reported in: 2005(2)JKJ567
Mansoor Ahmad Mir, J.1. Mr. Rathore has raised a preliminary objection that this revision petition is not maintainable for the reasons that order dated 14.02.2004 passed by Special Judge, Anticorruption which shall be referred hereinafter as-impugned order, is interlocutory one. Mr. Rathore argued that the order dated 16th January, 2002 (annexure-A) and impugned order (annexure-B) are interlocutory orders. The Special Judge, Anticorruption is within his powers to modify the interlocutory orders.2. Mr. Bhat argued that both the orders are final orders. The impugned order is illegal because the Special Judge Anticorruption has no powers to alter and modify the orders passed by his predecessor on 16th January, 2002 in the application for release of an amount of Rs. 2.95 lacs presented by Ghulam Nabi Beigh.3. Considered. It appears that Ghulam Nabi Beigh had moved an application on 27th January, 2001 before the court of Special Judge, Anti-corruption for release of an amount of Rs. 2.95 la...
Ghulam Nabi Ganai Vs. Ghulam Mohd. Wani and ors.
Court: Jammu and Kashmir
Decided on: Feb-21-2005
Reported in: 2006ACJ2422,2005(2)JKJ577
Mansoor Ahmad Mir, J.1. Appellant has assailed the award passed by Learned Presiding Officer, MACT, Anantnag in the file titled as Ghulam Nabi Ganai v. Ghulam Mohammad Wani on the ground that just compensation has not been awarded to the claimant.2. It seems rather, it is admitted that the respondent have not challenged the award. Thus there is a dispute only about the quantum of compensation. In order to appreciate and return finding, it is necessary to give a brief resume of the claim petition, the womb of which has given birth to the present appeal.3. The appellant Ghulam Nabi Ganai filed claim petition on 29.12.1989 before the Tribunal and claimed compensation to the tune of Rs. 3.50 lacs for the death of his son, namely, Bilal Ahmad Ganai, aged 12 years. The claimant has claimed the said compensation by pleading that the deceased was 12 years of age at the time of accident and had trained in carpet weaving and was earning at that time Rs. 500/- per month and with the lapse of time...
National Insurance Co. Vs. Mr. Nissar Ahmad Wani and ors.
Court: Jammu and Kashmir
Decided on: Feb-21-2005
Reported in: 2005(3)JKJ58
Mansoor Ahmad Mir, J.1. The registry has reported vide note dated 25.06.2004 that the notice were sent to respondents 2 and 3 by post. There is no service return and respondents are deemed to have been served as per the mandate of order 5 Rule 19(A)(2) CPC. Thus the exparte proceedings are drawn against the respondents 2 and 3.2. By the medium of this appeal appellant has assailed the award dated 30th August, 2003 passed by Presiding Officer, Motor Accident Claims Tribunal, Anantnag in the claim petition titled as Nisar Ahma Wani v. Mehboob Ahmad and Ors., on the ground taken in the memo of appeal. The said grounds can be summarized as under;-That the accident has occurred due to rash and negligent driving of the driver of the CRPF vehicle, thus the insurance company/appel-lant cannot be saddled with the liability. The Tribunal has not appreciated the said point of fact. 3. The respondents 2 and 3 i.e. owner and driver have not participated in the proceedings, thus under law the appell...
State Bank of India Vs. Sheikh Mohammad AmIn and Co. and ors.
Court: Jammu and Kashmir
Decided on: Feb-21-2005
Reported in: 2005(2)JKJ311
Mansoor Ahmad Mir, J.1. It appears that applicant/petitioner has filed application for bringing legal representatives on record in the court below which stands dismissed vide impugned order dated 21-09-2002. During the pendency of the petition came to be dismissed which stands resorted by this Hon'ble Court vide order dated 28-10-2004.2. The petitioner has also filed two CMPs No. 353/2004 and 354/2004 in terms of order dated 22-07-2004 passed in the revision petition. The CMP No. 353/2004 is petition for condoning delay and the CMP No. 354/2004 is for setting aside abatement.3. Now moot point for consideration is, whether the petitioner has carved out the ground for condoning the delay which has crept in filing the application for setting aside abatement. In order to thrash out this point it is necessary to give brief resume of the petition:4. It has been averred in the petition that the application had no knowledge about the death of defendant No. 2 and it was duty of the learned coun...
Awaleen Vs. United India Insurance Co. and ors.
Court: Jammu and Kashmir
Decided on: Feb-21-2005
Reported in: II(2005)ACC824,2007ACJ932,2005(2)JKJ515
Mansoor Ahmad Mir, J.1. Mr. Manzoor has questioned the award passed by Motor Accident Claims Tribunal, Srinagar dated 28.04.2004 in case titled Awaleen v. United India Insurance Co. and Ors.2. The back drops of the case are given as under:-The appellant has filed a claim petition in the Tribunal with the averments that she became the victim of vehicular accident caused by respondent No. 3, while driving the vehicle TATA Load Carrier bearing registration No. 9906/JKS from Srinagar at Narabal crossing. The case of the appellant is that the driver of the respondent has driven the vehicle rashly and negligently and hit the petitioner/appellant, who sustained injuries and became permanently disabled and has claimed compensation to the tune of Rs. 28 lacs as per the break up given in the claim petition. The respondent 1 appeared and filed objections. Respondents 2 and 3 have been set exparte. Four issues have been framed vide order dated 26.10.2002. The petitioner and respondent No. 1 have e...
Sr. Div. Manager, United India Insurance Co. Vs. Mst. Noora and ors.
Court: Jammu and Kashmir
Decided on: Feb-21-2005
Reported in: II(2005)ACC743,2007ACJ64,2005(3)JKJ27
Mansoor Ahmad Mir, J.1. This order will govern CIMA No. 32/2001 presented by Mr. N.H. Khuroo Advocate on behalf of the appellant in terms of Section 30 of the Workman's Compensation Act, by medium of which the appellant has assailed the judgment passed by Commissioner under Workman's Compensation Act Srinagar in the claim titled Mst Noora and Ors. v. Ghulam Mohamad Khan and Anr., on the grounds taken in the memo of appeal. It is profitable to give a flask back of the case the womb of which has given birth to the present appeal.2. It seems that Mst Noora and others have filed an application before Commissioner under Workman's Compensation Act for grant of compensation to the tune of four lacs. The respondent No. 2 caused appearance and filed objections before the Commissioner. Respondent No. 1 has admitted on 17.4.1999 in the court below that the deceased Ghulam Qadir Khan was in his employment and died during the course of employment and the vehicle was insured by respondent No. 1.3. R...
Roshan Lal Gupta and ors. Vs. State of J and K and ors.
Court: Jammu and Kashmir
Decided on: Feb-18-2005
Reported in: 2005(2)JKJ358
Permod Kohli, J.1. The petitioners are degree holders in the discipline of Mechanical Engineering. They came to be appointed as Junior Engineers (Mech) in the pay scale of Rs. 450-700 against the posts sanctioned vide Govt order No. 233-PDD of 1973 dated 28-5-1973. This order contained a stipulation that they will be born on the seniority list of the Junior Engineers (Mechanical) Public Works Department and their inter-se seniority shall also be determined by that department. Petitioners figure at S. No. 2, 9, 13, 16 and 20 in the Annexure to this order. Vide Govt order No. 416 WIP of 1973 dated 29-5-1973, 40 posts of Junior Engineers (Mechanical) in the pay scale of Rs. 450-700 were created and their selection was made to different departments as indicated in the said Government order. Vide Govt order No. 417-WIP of 1973 dated 29-5-1973 private respondents No. 7 to 18, 23 to 27, 29, 35,36, 37 & 47 came to be appointed as Junior Engineers (Mechanical) on the recommendation of the State...
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