Jammu and Kashmir Court March 2005 Judgments
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Satinder Kour Vs. S.D. Singh
Court: Jammu and Kashmir
Decided on: Mar-30-2005
Reported in: 2005CriLJ3903,2006(1)JKJ436
ORDERS.K. Gupta, J.1. Through the currency of this revision, the complainant seeks the reversal of order dated 31-3-2003, drawn by the learned Judicial Magistrate 1st Class (Sub-Judge), Jammu, in a complaint entitled Satinder Kour v. S.D. Singh for the offences under Sections 405/406 RPC, whereby the trial Court has dismissed the complaint and discharged the respondent.2. The case set up by the petitioner-complainant in her complaint, in brief, may be noticed.3. That it was the love marriage of the complainant-petitioner with the respondent performed on 26-8-1995. The marriage between the parties was registered with the Tehsildar, Jammu. The respondent, soon after the marriage, proceeded for IPS training and joined the training Institute by making a wrong statement that he is still unmarried. At the insistence of the respondent, after the joining of Institution, another function was solemnized in Delhi to cover-up the wrong statement made by the respondent before the authorities of the...
Javed Ahmad Langoo Vs. State of J and K and ors.
Court: Jammu and Kashmir
Decided on: Mar-30-2005
Reported in: 2005(3)JKJ370
R.C. Gandhi, J.1. Petitioner by means of this petition seeks direction to the respondent No. 2, Public Service Commission, to declare the petitioner eligible for conducting his interview having secured 1086 marks, above the cut off marks. He also seeks direction for revaluation of his General English paper.2. Respondent No. 2, Public Service Commission, issued Notification No. PSC/Examination-02/09 dated 20.02.2002 inviting applications from the permanent residents of Jammu & Kashmir desirous to compete for Jammu & Kashmir Civil Service Competitive Examination, for direct recruitment to the posts in the pay scale of 7500-12000, in various services. Petitioner applied for seeking selection. He was assigned Roll No. 204224 by respondent No. 2. He appeared in Preliminary Examination and passed the same. He appeared in the main examination. The respondent No. 2 issued the select list and the name of the petitioner was not included therein. Another select list was issued, wherein also name ...
Gh. Mohammad Mir Vs. State and anr.
Court: Jammu and Kashmir
Decided on: Mar-29-2005
Reported in: 2005(3)JKJ351
Mansoor Ahmad Mir, J.1. Subject Mohammad Qasim Mir stands detained in terms of detention Order bearing No. DMB/PSA/12 of 2001 dated 29.9.2001 passed by respondent No. 2, District Magistrate, Budgam for a period of 24 months. By the medium of this petition, the said detention order has been challenged on the grounds taken in the memo of petition which are summarized as under; -2. That the detention order stands passed on 29.9.2001, but executed on 31.07.2004, thus delay has crept in. The delay in execution of the detention order has rendered its purpose irrelevant. The copies of detention order and grounds of detention were not provided to the detenue. The translated copies in the language of detenue were not provided to the detenue in order to enable the detenue to make an effective representation. The detenue was in custody at the time of passing of the detention order. The detention order suffers from non-application of mind.3. The respondents have resisted the petition in terms of t...
Mohammad HussaIn Avan Vs. State of J and K and ors.
Court: Jammu and Kashmir
Decided on: Mar-29-2005
Reported in: 2005(3)JKJ400
Mansoor Ahmad Mir, J.1. Subject Javed Hussain Avan son of Mohammad Hussain Avan resident of Pehlipora Keller Teh. Shopian Pulwama through his father Mohammad Hussain Avan seeks to quash the detention order No. 86/DMP/PSA/03 dated 23.08.2003 passed by District Magistrate, Pulwama in exercise of the powers under Section 8 of Jammu and Kashmir Public Safety Act, 1978 directing the detention of the detenu for a period of 24 months.2. The detention order has been challenged on various grounds which can be aptly and precisely enumerated as under:3. The detention order, grounds of detention, dossier and material (documents) on which the subjective satisfaction has been derived have not been furnished to the detenu and detenu has not been able to make effective representation; that the detenu was in police custody at the time of passing of detention order and there was no need to detain him in preventive custody; the detention orders suffers from non-application of mind. The grounds of detenti...
Devkinandan Alias Pandey Vs. State
Court: Jammu and Kashmir
Decided on: Mar-28-2005
Reported in: 2005(2)JKJ475
Nirmal Singh, J.1. This appeal has been filed against the judgment dated 12.6.2002 and order dated 14.6.2002 passed by learned First Additional Sessions Judge, Jammu, vide which the appellant Devkinandan has been convicted and sentenced under Section 302 RPC to undergo Rigorous imprisonment of life and fine of Rs. 2.50 lakhs which is to be recovered from the moveable and immoveable property of the accused and will be paid to legal heirs of the deceased, as compensation.2. The prosecution story is that Ashwani Kumar, complainant, elder brother of deceased had borrowed a sum of Rs. 10,000/- from Balbir Singh. He had not repaid the same. The accused used to approach Parshotam Lal deceased and his brother Ashwani Kumar for return of the money of Balbir Singh. On 13.3.1998 the accused visited the house of Parshotam Lal, early in the morning and asked for return of money and threatened that in case the money is not returned, the deceased will face the consequences. PW Geeta Devi served tea t...
Bashir Ahmad Malik Vs. State of J and K and ors.
Court: Jammu and Kashmir
Decided on: Mar-28-2005
Reported in: 2006(1)JKJ20
R.C. Gandhi, J.1. Petitioner by means of this petition seeks to quash order No. LIT/RT/F-29/28313-17 dated 26-02-2004 passed by respondent No. 4 Chief Education Officer, Baramulla, whereby the petitioner has disengaged as Rehbar-i-Taleem and in his place respondent No. 6 Manzoor Ahmad Hazari has been appointed.2. Petitioner, a handicapped, was engaged as Rehbar-i-Taleem vide order No. 1169-70 of 2002 dated: 6.2.2002 and posted in Girls Primary School, Pringal-Uri. He worked in such capacity for over two years. Respondent No. 6 filed a civil suit titled Manzoor Ahmad Hazari v. State and Ors. before the court of Munsiff, Boniyar-Uri challenging the appointment of the petitioner. The Civil Court issued interim orders dated: 5.8.2003 and 29.04.2003 for consideration of the plaintiff/respondent No. 6 herein. The respondents considered the case pursuant to the direction and having found respondent No. 6 as meritorious appointed him as Rehbar-i-Taleem and disengaged the services of the petiti...
Collector Land Acquisition Vs. Mahinder Kumar and anr.
Court: Jammu and Kashmir
Decided on: Mar-24-2005
Reported in: 2005(2)JKJ592
S.K. Gupta, J.1. The land aggregating 06 kanals 09 maralas contained in Khasra No. 115 min. located in Village Siot, Tehsil, Sunderbani, District Rajouri has been acquired by the State for the construction of the 'Siot-Kalakot' Road, as per the final award issued by Collector, Rajouri, vide his No. AC/LA/704-06 dated 29.12.1990, whereby the Collector has awarded compensation of Rs. 8,000/- per kanal with Jabrana/solatium @ 15%.2. The claimants/respondents, namely, Mahinder Kumar and Kevel Kishore sons of Ghardhari Lal accepted the compensation and received the payment under protest. They applied for a reference under Section 18 of the Land Acquisition Act. The reference Court after hearing the parties, enhanced the compensation for the land acquired from Rs. 8,000/- to Rs. 15,000/- per kanal plus 15% solatium/Jabrana and 4% interest from the date of the notification till the realization of the amount awarded to the claimants/respondents from the Collector, Land Acquisition, Rajouri and...
State Vs. Mohd. Aslam and ors.
Court: Jammu and Kashmir
Decided on: Mar-24-2005
Reported in: 2005(3)JKJ1
S.K. Gupta, J.1. This revision is directed against the judgment and order dated 24.11.1997, passed by the learned Special Judge, Anti-Corruption, Jammu. By means of the impugned order, the trial Court held that no prima facie case is made out against the accused-persons, dismissed the challan and discharged them.2. The facts of the case, in resume, may be noticed:-Non-official accused-respondents were in unauthorized possession of the State land in Villages Kartholi and Birpur. In the year 1958, on coming into force the Government Order No. LB-6/C of 1958, they became entitled to be declared as 'tenants-at-will' and thereafter under Government Order No. S.432 of 1966 for the conferment of proprietary rights in respect of the land in their respective possession in the year 1967. The mutations, accordingly, were attested in their favour under the Government Order No. LB-6/C of 1958 and also vested with the proprietary rights under Government Order No. S.432 of 1966 subsequently in the ye...
Sanjay Kumar Sharma Vs. Union of India (Uoi) and ors.
Court: Jammu and Kashmir
Decided on: Mar-24-2005
Reported in: 2005(2)JKJ375
S.K. Gupta, J.1. This petition pertains to the claim of disability pension preferred by the petitioner who happened to be a Sapper (SPR) of Indian Army and had been discharged from Service on the ground of medical disability.2. The petitioner came to be enrolled in the Indian Army on 28.2.1990 and was invalided from service on account of 'Insulin Dependent Diabetes Mellitus (250)' in medical category 'E.E.E' after being in service for 03 years, 05 months and 24 days in the Army. The invaliding Medical Board was held at 155 Base Hospital on 22-7-1993 and his disability was assessed at 100%. In the opinion of the Medical Board, the disease was not connected with the service, but due to metabolic defect of hereditary nature. The petitioner claims disability pension and his record was forwarded to CCDA(P) Allahabad, vide letter No. 1580946/5/D/Pen dated 12th Oct. 1993, being the final authority for adjudication. The petitioner's claim for disability pension was, however, rejected by the CC...
Santosh Raj Vs. State
Court: Jammu and Kashmir
Decided on: Mar-24-2005
Reported in: 2005(2)JKJ381
S.K. Gupta, J.1. This appeal is directed against the judgment and order dated 30-4-1997 passed by the learned Special Judge, Anti-Corruption, Jammu.2. By means of the impugned judgment and order dated 30.4.1997 passed in file No. 16/Anticorruption, titled State through VOJ v. Santosh Raj, the trial Court, after holding the accused-appellant guilty of offences under Section 5(2) of the Jammu & Kashmir Prevention of Corruption Act, 2006 and under Section 409 RPC in three different charges relating to three different periods. For the charge relating to the year 4/84 to 3/85 he was sentenced to undergo five years' rigorous imprisonment and a fine of Rs. 50,000/- and in default of payment of fine to suffer further imprisonment of the like nature for a period of six months for the offences under Section 5(2) of the Jammu & Kashmir Prevention of Corruption Act, 2006, and for offence Under Section 409 RPC to undergo rigorous imprisonment for a period of five years and a fine of Rs. 5000/-, and...
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