Jammu and Kashmir Court June 2005 Judgments

Bansi Lal Sharma Vs. State and ors.

Court: Jammu and Kashmir

Reported in: 2005(3)JKJ223

S.K. Gupta, J.1. Petitioner was appointed as a Junior Assistant by the Dy. Registrar, Cooperative Societies, Supvn. Jammu. While, the petitioner was in service he applied for leave on medical ground with effect from 4.4.1972, after putting 08 years of service in the Department. His leave application was, however, neither accepted nor rejected by the Assistant Registrar Cooperative Societies Reasi, respondent-6. After availing the medical leave, the petitioner submitted his joining report to the Assistant Registrar Cooperative Societies Reasi, respondent-6 on 28.7.1976, i.e., after the absence of four years and three months but he was not allowed to join. The petitioner, however, again fell ill and, accordingly, he proceeded on leave on medical ground. This leave was also, however, not sanctioned by the competent authority. The petitioner, however, reported for duty and submitted his joining report to the Dy. Registrar, Cooperative Societies, Udhampur on 28.7.1976 after availing the lea...

All J and K Civil Engg. Graduates and ors. Vs. State and ors.

Court: Jammu and Kashmir

Reported in: 2005(3)JKJ236

S.K. Gupta, J.1. Public Works Department referred as many as 30 posts of Assistant Engineers (Civil) to the J&K; Public Service Commission (hereinafter for short referred to as the 'PSC') in the year 1980-81. The PSC advertised the posts, prepared and recommended the panel of 30 selected candidates to the government for appointment as Assistant Engineers. A waiting list of 17 successful candidates prepared by the PSC was also submitted to the government for appointment. The government after the receipt of the select list, issued the appointment orders in two batches. The first batch appointed by the government in March, 1983, consisted of 9 candidates, out of which 7 candidates joined the posts as Assistant Engineers (Civil). Whereas, 21 candidates in second batch were appointed by the government in the month of December, 1983. Since the waiting list was not operated upon by the government, respondent No. 3 who figures at serial No. 12 of the waiting list commenced a writ petition (SWP...

State of J. and K. Vs. Jalal-ud-dIn Ganai

Court: Jammu and Kashmir

Reported in: 2006CriLJ1054

Mansoor Ahmad Mir, J.1. This appeal is outcome of a challan which has its roots in terms of a complaint received by S. S. P. Crime Branch, Srinagar received on 17-11-1994 with the allegation that respondent produced fake and fictitious matriculation certificate before the concerned authorities of Irrigation Department and managed promotion from the cadre of Watchman to the Cadre of Works Supervisor.2. The Crime Branch presented the charge sheet against the accused/respondent before learned Chief Judicial Magistrate, Budgam on 1st July, 1996. The learned Chief Judicial Magistrate framed the charge against the accused for the commission of offence punishable under Sections 420, 461, 471, 201 of RPC, accused pleaded not guilty and claimed to be tried. The learned Chief Judicial Magistrate. Budgam passed the final judgment dated 12-12-2001 and acquitted the accused.3. The State feeling aggrieved by the said judgment, preferred this acquittal appeal, assailing the judgment on the grounds ta...

Jalal-ud-dIn Mir and ors. Vs. Ghulam Mohammad Mir and ors.

Court: Jammu and Kashmir

Reported in: AIR2006J& K54

ORDERMansoor Ahmad Mir, J.1. The order dated 5th April, 2005 passed by this Court in Civil Revision No. 60 has given birth to this review petition. It is averred that Order 5, Rule 19 CPC is not mandatory in nature but is directory in terms of the judgment passed by the Hon'ble Patna High Court in case Mali Ram Sharma v. Gayatri Devi reported in AIR 1985 Patna 116 and also there was no need to issue fresh notice after legal heirs of deceased are brought on record as defendants.2. Heard. Considered.3. This Court is of the considered view that this review petition merits to be dismissed on admission stage without issuing notice to other-side.4. The trial Court while drawing ex parte proceedings has categorically mentioned in the order dated 17th March, 1994 that the summon contain the affidavit of the Process Server. The said summon is exhibited as EXDW/4. While examining the said summon no such affidavit of the Process Server is with summon. Accordingly, this Court has observed as under...

Tawseef Ahmad Parra Vs. State of J and K and ors.

Court: Jammu and Kashmir

Mansoor Ahmad Mir, J.1. The petitioner has sought indulgence of this Court for commanding the respondents to release the family pension and not to stop the same and also not effect any recovery on the grounds which can be aptly and precisely summarized as under:That the petitioner is the adopted son of Mohammad Ramzan Parra. The District Judge, Baramulla has appointed Ghulam Mohammad Parray son of Muhammad Ramzan Parra, resident of Kunan, Baba-gund Bandipora as guardian of the petitioner. The respondent No.3 sanctioned family pension under FP Payment order No.402372 for an amount of Rs.1275/- per month plus D.A. w.e.f. 1st December 1997 to 09.09.2014 in terms of annex-ure-B. The petitioner was regularly receiving family pension till ending April 2003 but without any justification, same has been stopped w.e.f. May 2003. The respondents have no authority to stop the same.2. Respondents have filed reply. It is profitable to reproduce para 2 and 3 of the reply herein; -2. With regard to th...

Mohammad Akbar Rather Vs. State and anr.

Court: Jammu and Kashmir

Mansoor Ahmad Mir, J.1. Subject Mohammad Akbar Rather, son of Wall Mohammad Rather, resident of Doonigund, Tral Teh. Tral, District Pulwama through his father Wali Mohammad Rather, seeks to quash the detention F-290/DMA/Det/PSA/2004/351-56 dated 30.01,2004 (which shall be hereinafter referred as impugned order) passed by respondent No. 2, District Magistrate, Anantnag in exercise of powers in terms of Section 8 of Jammu & Kashmir Public Safety Act, 1978, whereby the detenue stands detained in detention and lodged in Kotebhalwal Jail, Jammu. The impugned order has been assailed on various grounds taken in the memo of petition.2. The respondents have filed reply counter affidavit and have resisted the petition.Heard. Perused. Considered. It is admitted that detenue was in custody in FIR No. 193/2003 under Section 7/25 I.A.Act P/S Bijbehara at the time of passing of impugned order. The detaining authority has not spelled out compelling reasons for detaining the petitioner in detention und...

Tilak Raj Vs. Vidhya Devi and ors.

Court: Jammu and Kashmir

Reported in: AIR2006J& K29

S.K. Gupta, J.1. This Civil 1st Appeal arises out of the judgment and decree dated 1-3-1995 passed by the learned District Judge, Jammu, whereby the suit filed by the appellant-plaintiff for declaration and partition of the suit shop has been dismissed.2. The facts giving rise to the litigation between the parties, in brief, may be noticed :-The appellant-plaintiff is the son of deceased defendant, Krishan Lal, the predecessor-in-interest of present respondents. He filed a suit in claiming therein that he along with his two brothers namely Sudershan Kumar and Mohan Lal, besides the deceased defendant were the partners of firm M/s. Amarnath Krishan Lal. According to the appellant plaintiff, the suit shop was purchased by firm M/s. Amarnath Krishan Lal, vide Sale Deed dated 7-10-1967 in the name of deceased defendant Krishan Lal. It was a benami transaction and the entire sale consideration of Rs. 51,000/- was paid out of the funds of firm M/s. Amarnath Krishan Lal and, thus, the decease...

Sher-i-kashmir National Medical Institute Trust Vs. State of J and K a ...

Court: Jammu and Kashmir

S.N. Jha, C.J.1. The dispute in this writ petition relates to taking over possession of properties and/or management and affairs of the Sher-i-Kashmir Institute of Medical Sciences at Soura; Kashmir Nursing Home at Gupkar Road and Dr. Ali Jan Shopping Complex at Kothibagh in Srinagar by the government. The petition challenging the government order dated 22nd July, 2003 was referred to the Division Bench having regard to the 'subject and, nature of the petition, the public interest involved and the reliefs prayed for'. The Division Bench, however, gave a split verdict. While V. K. Jhanji, J. dismissed the writ petition, Syed Bashir-ud-Din, J. quashed the impugned order and allowed the writ petition. The petition in the circumstances was ordered to be listed before the third Judge in terms of Rule 36 of the Jammu and Kashmir High Court Rules, and that is how the case came up before me for hearing.2. The facts of the case have been set out in detail in the judgment of V. K. Jhanji, J. Bri...

Vinod Gupta [Dr.] Vs. State and ors.

Court: Jammu and Kashmir

Reported in: 2005(3)JKJ333

Y.P. Nargotra, J.1. The dispute pertains to the appointment to the post of Medical Superintendent in Govt. Medical College Hospital Jammu. The appointment to the post is governed by J&K; Medical Education (Gazetted) Service Recruitment Rules 1979, (hereinafter referred to as Rules of 1979). The sources of appointment into the service prescribed by Rule 5 are two (A) by direct recruitment and (B) by promotion by selection in the manner indicated against each post in Schedule III. Rule 7 deals with eligibility which reads as under:'7. Eligibility -- (1) A person shall not be eligible for recruitment/promotion to a post in the service unless he possesses the qualifications and fulfills the requirements of recruitment prescribed for that post in Schedule II.Provided that the Commission may recommend for consideration of the Government the appointment of a person to a post in the service who otherwise not eligible under these rules is, in the opinion of the Commission, possessing exceptiona...

Sanjeev Sharma and ors. Vs. State and ors.

Court: Jammu and Kashmir

Reported in: 2005(3)JKJ459

Y.P. Nargotra, J.1. The petitioner Sanjeev Sharma was married to the deceased Romika Sharma D/O Mohinder Kumar Sharma R/O Mohalla Malhotrian Jammu on 10.2.2003. He was working as Engineer with Rainbow Camera E. Pvt. Ltd. Satungal Kathmandu(Nepal). The petitioner and the deceased were staying at Kathmandu. On 14.7.2003 he lodged a report with District Police Office Lalitpur alleging therein that his wife Smt. Romika Sharma has fallen from the roof of the house located in Kathmandu, District Satungal village Development Committee, Ward No. 8 at about 5.30 AM. Due to the fall she sustained severe injuries so he took her to B&B; Hospital in the vehicle of Rainbow E. Pvt. Ltd and while undergoing the medical checkup the doctor declared that she was dead. The police of Kathmandu started investigations into the death of the deceased. In the meanwhile it appears that mother of the deceased reached Kathmandu and suspecting the death of the deceased to be a murder, she also lodged an FIR with Di...