Jammu and Kashmir Court April 2005 Judgments

National Insurance Company Vs. Abdul Qayoom Dar and ors.

Court: Jammu and Kashmir

Reported in: 2006(1)JKJ7

Mansoor Ahmad Mir, J.1. These appeals are outcome of an award passed by learned Presiding officer, Motor Accident Claims Tribunal, Srinagar in the claim petitioner titled as Abdul Qayoom Dar and Ors. v. National Insurance Co. and Ors., Safiya and Ors. v. National Insurance Co. and Ors., Mst. Raja Begum and Ors. v. National Insurance Co. and Ors., Mst. Jawa and Ors. v. National Insurance Co. and Ors., Mohammad Ayub Bhat v. Mohammad Aslam Khan and Ors. dated 29th November 2003, hereinafter, shall be referred as impugned award.2. The appellants have assailed the impugned award in all these appeals on the ground which can be aptly and precisely summarized as under:That the claimants/respondents have failed to prove that driver has driven the offending vehicle Tata Sumo bearing registration No. 2166/JK04 rashly and negligently. That multiplier has been applied wrongly in all the claim petitions. The age of the petitioners/claimants should have been taken into consideration and not the age o...

State Vs. Mohd Anwar and ors.

Court: Jammu and Kashmir

Reported in: 2005(2)JKJ534

Y.P. Nargotra1. The accused-respondents are alleged perpetrators of ghastly crime in which 12 persons out of whom eight were minor children have been brutally massacred by spraying bullets from AK-47 gun on the intervening night of 20/21.1.2002. FIR No. 13 was registered on 21.1.2002 for commission of offences under Sections 302, 307, 120B, 121, 122, 123 RPC and 7/25, 26 & 27 Indian Arms Act and 3/2 POTA at Police Station Mendhar at 10-AM. One of the accused involved in the crime, namely Tazeem Ahmed son of accused-respondent Mohd Sharief and nephew of Mohd Anwar and Mohd Taj was eliminated by militants on the night of occurrence itself. The accused-respondents came to be arrested on 15.2.2002 and investigation was commenced. Challan however could not be filed till 23.8.2002 i.e. Within 180 days from the date of registration of the case and arrest of the accused. Learned Presiding Officer of the Designated Court under POTA was approached by the accused for grant of bail by way of an ap...

National Insurance Company Vs. Abdul Ahad and ors.

Court: Jammu and Kashmir

Reported in: 2005(3)JKJ202

S.K. Gupta, J.1. The appellant- National Insurance Company has challenged the award passed by the Assistant Labour Commissioner, Doda, in his capacity as Commissioner under the Workmen's Compensation Act on 29.05.2000 awarding Rs. 80,180/- as compensation to the respondents, heirs of the deceased Allah Rakha Sheikh.2. It appears that the deceased Allah Rakha Sheikh, son of applicant/respondent No. 1, was employed as Cleaner with Truck No. JK02B/0312. It was during the course of his employment that on 08.04.1994 the truck while carrying labourers of Power Development Department from Dhalwas to Batote construction site, met with an accident as a result of which Allah Rakha Sheikh- Cleaner died on spot whereas others were fortunate enough to have survived with injuries alone. It is further asserted in the application filed by the claimants that the deceased-Allah Rakha Sheikh was 20 years old at the time of accident and his monthly wages were Rs. 1,500/-. In sustenance of their claim, cla...

Jahan Ara Vs. State of J and K and ors.

Court: Jammu and Kashmir

Reported in: 2006(1)JKJ106

Y.P. Nargotra, J.1. The Board of Professional Entrance Examination, Jammu (hereinafter referred to as 'the Board') by its Notification No. 2-BPEE of 2005 dated 25-1-2005, invited applications on the prescribed forms from the eligible candidates for appearing in the Entrance Test for admission to M.D/M.S/P.G Diploma Courses in the Government Medical Colleges of the State, SKIMS Srinagar and Acharya Shri Chander College of Medical Sciences and Hospital, Jammu, for 182 seats in MD/MS Courses and 63 seats in P.G. Diploma Courses. The petitioner, applied under ALC Category for competing in the Entrance Examination. Like the petitioner, other eligible candidates also applied. The Board conducted the written examination for making selection to the said courses on 17-03-2005. The total number of seats for which the selection was to be made, were 245. The Board issued the Select List, selecting 132 candidates in the open merit category, 25 candidates in the open merit rural category, 10 candida...

National Insurance Company Ltd. Vs. Abdul Ahat and ors.

Court: Jammu and Kashmir

Reported in: 3(2005)ACC809

S.K. Gupta, J.1. The appellant-National Insurance Company has challenged the award passed by the Assistant Labour Commissioner, Doda, in his capacity as Commissioner under the Workmen's Compensation Act on 29.5.2000 awarding Rs. 80,180/- as compensation to the respondents, heirs of the deceased Allah Rakha Sheikh.2. It appears that the deceased Allah Rakha Sheikh, son of applicant/respondent No. 1, was employed as cleaner with Truck No. JK02B/0312. It was during the course of his employment that on 8.4.1994 the truck while carrying labourers of Power Development Department from Dhalwas to Batote construction site, met with an accident as a result of which Allah Rakha Sheikh-cleanei died on spot whereas others were fortunate enough to have survived with injuries alone. It is further asserted in the application filed by the claimants that the deceased-Allah Rakha Sheikh was 20 years old at the time of accident and his monthly wages were Rs. 1,500/-. In sustenance of their claim, claimant...

Jaidev Sethi Vs. Maharaj Krishan Sethi

Court: Jammu and Kashmir

Reported in: AIR2006J& K1

ORDERS.N. Jha, C.J.1. This civil revision by the plaintiff is directed against the order of the second Additional District Judge, Jammu dated 29th May, 2004 in civil suit No. 46 of 2001 directing him to pay deficit court-fee on the amount of Rs. 1,47,771,71 as directed by order dated 26th September, 2003. By the said order similar direction had been issued to the plaintiff to pay deficit court-fee.2. The petitioner has paid a fixed court-fee of Rs. 25 which according to him is sufficient in view of the relief sought by him. The question for consideration is whether he is liable to pay ad valorem court-fee on the amount or the court-fee of Rs. 25 -- paid at fixed court-fee is sufficient ?3. Before referring to the case of the plaintiff which basically would determine his liability to pay ad valorem court-fee or fixed court fee, it would be appropriate to refer to the relevant provisions of the Jammu and Kashmir Court-fees Act, 1977 (1920 AD):7. Computation of fees payable in certain sui...

Nirmal Singh Vs. State of J and K and ors.

Court: Jammu and Kashmir

Reported in: 2006(3)JKJ597

Mansoor Ahmad Mir, J.1. The petitioner was initially appointed as Khidmatgar on 12th October, 1964 in the Health Department. The petitioner was latter on designated as Dental Boy in the pay scale of Rs. 775-1025 vide order No. Estt/IV/1997-2010 dated 20th May, 1974. The date of birth of the petitioner is 20th March, 1943. The petitioner has to retire at the age of 60 years. The petitioner continued in service beyond 58 years of age. The petitioner has not been paid the salary from April, 2001 in terms of the communication addressed by respondent No. 5 to respondent No. 4 bearing No. Est-III/1753 dated 15th June, 2001 with the information that the petitioner was to retire at the age of 58 years. The respondents allowed similarly placed employees, namely, Habib-Ullah Wani and Ghulam Hassan Shah to continue in the service up to the age of 60 years and paid all the benefits to the said employee. Thus there is no justification in denying the same treatment to the petitioner. 2. Heard. Consi...

Abdul Rehman Nath Vs. J and K Bank and anr.

Court: Jammu and Kashmir

Reported in: AIR2006J& K68,2006(3)JKJ489

Mansoor Ahmad Mir, J.1. By the medium of this revision petition, the petitioner has challenged the order dated 11th June, 1999 passed by learned Additional District Judge (Bank Cases), Srinagar in the case titled as Jammu & Kashmir Bank v. Abdul Khaliq Nath and Ors. filed No. 396, on the grounds taken in the memo of petition.2. In order to return finding, the facts of the case are to be noticed. The plaintiff/respondent No. 1 filed a suit for recovery against M/S Abdul Khaliq Nath, Abdul Rehman Nath and Abdul Khaliq Nath on 7th June, 1993 in this Court. It is averred in the plaint that defendant No. 1, namely, M/S Abdul Khaliq Nath (borrower) approached the plaintiff bank in the year 1981 for grant of financial accommodation through its proprietor i.e. defendant No. 2, namely, Abdul Rehman Nath, petitioner herein.3. The plaintiff bank sanctioned a cash credit facility to the tune of Rs. 50,000/- in favour of the borrower i.e. defendant No. 1 and the same was availed by the borrower aft...

Union of India (Uoi) and anr. Vs. Mst. Shaha and ors.

Court: Jammu and Kashmir

Mansoor Ahmad Mir, J.1. It seems that respondents have presented a claim petition titled Mst. Shaha and Ors. v. Union of India and Anr. before Motor Accident Claims Tribunal Pulwama, the womb of which has given birth to the present appeal, whereby appellants have assailed the award/judgment dated 28th of May 2002 passed by Presiding Officer Motor Accident Claims Tribunal Pulwama.2. Backdrops of the case is that respondents have claimed compensation to the tune of Rs. 11,30000 against the appellants/respondents on the ground that on 3rd of January 1994, Muma Bhat deceased became the victim of vehicular accident, which was caused by respondent No. 2, while driving vehicle of the respondent No. 1 rashly and negligently at Awantipora National High way.3. That the Motor Accident Claims Tribunal awarded rupees two lacs in favour of the respondents/claimants and saddled the liability with the appellants.Feeling aggrieved of the said award the appellants have assailed the said award by the med...

Mohd. Haroon Bhat and ors. Vs. State of J and K and ors.

Court: Jammu and Kashmir

Permod Kohli, J.1. The J&K; Service Selection Recruitment Board invited applications for the osts of Forest Guards/ Forest Protection Force Guards District Doda vide Advertisement Notification No. 3 of 1996 dated 24.12.1996. After conducting physical test and interview of all the eligible candidates who applied in response to the aforesaid notification, a select list dated 30.4.2000 came to be issued . The State Government on receipt of the aforesaid select list, issued Government Order No. 344 of 2000 dated 24.10.2000 appointing 128 candidates as Forest Protection Force Guards in the pay scale of Rs. 3050-75-3950-80-4500 against the available posts. It is the case of the petitioners that on being appointed , they joined their services and were deputed for undergoing training in Punjab Police Training Academy, Phallour where they completed their training course for six months and were posted in Gama Unit J-8 Doda and Gama Unit J-9 Batote. They performed their duties and were paid their...