Jammu and Kashmir Court July 2005 Judgments

Ab. Rehman Mir and ors. Vs. Arshad Renzoo and ors.

Court: Jammu and Kashmir

Reported in: 2006(1)JKJ5

Nisar Ahmad Kakru, J.1. The facts material for disposal of this writ petition may be noticed. Refusal to register two sale deeds because of non-appearance of the executants became subject matter of appeals before the Registrar which came to be dismissed for default of appearance by order dated 15-02-2003, consequently, applications for restoration of appeals. The said applications were allowed by the Registrar and appeals restored by order dated 16-03-2003 which is assailed by medium of this writ petition on several grounds which need not be addressed to, for, same have been given up by the learned Counsel for the petitioners excepting the ground that in absence of power to restore the appeals dismissed for default of appearance, the order is without jurisdiction.2. In the aforementioned factual matrix, a short but an important question arises which may be summarized:Whether Registrar has the power to restore appeal dismissed due to non appearance of the appellant. 3. To have the answe...

Associated Company Ltd. Vs. State of J and K and ors.

Court: Jammu and Kashmir

Reported in: 2006(3)JKJ602

Permod Kohli, J.1. Petitioner is a dealer registered with J&K; Sales Tax Department Circle-B at Jammu and deals in sale of cement. Petitioner was assessed for the years 1990-91 to 1996- 97 on its turn over for the respective years under the General Sales Tax Act. The Assessing Authority after assessing turn over, assessed the petitioner for payment of sales tax @ 8% for the cement and @ 4% for the packing material (gunny bags) under SRO 135 Schedule C&D; respectively. The orders of assessment passed by the Assessing Authority for the aforesaid assessment years have been set aside by the Commissioner of Sales Tax i.e. respondent-2 vide impugned order dated 14.12.2000 in exercise of its revisional powers and directed respondent-3 to pass fresh assessment orders by re-assessing the petitioner on its turn over @ 8% uniformly for the sale of cement and bags. Consequently, respondent-3 has issued impugned notices No. 1923/STB and 1924/STB both dated 16.12.2000 for re- assessment. These notic...

ivrcl and Sew-jv Vs. State of J. and K. and ors.

Court: Jammu and Kashmir

Reported in: AIR2006J& K39,2006(1)CTLJ364(J& K),2005(3)JKJ617

ORDERY.P. Nargotra, J. 1. Under Prime Minister's reconstruction plan for Jammu and Kashmir State, Mughal road from Baflias (Poonch) to Shopian (Pulwama) is to be constructed by the Government of Jammu and Kashmir. The Government by its order No. 371-GAD of 2005 dated 1-4-2005 constituted an Empowered Committee under the Chairmanship of Financial Commissioner/Principal Secretary to Chief Minister to finalize the contract for construction of the road with the approval of competent authority and monitor its execution. Pursuant to Govt. order No. 71-PW (R&B;) of 2005 dated 10-3-2005 a Committee consisting of following officers to draft and prepare the tender documents for inviting pre-qualification and financial bids was also constituted :-1. Joint Dev.Commmissioner (Works) .. Chairman.2. Chief Engineers (R&B;)Department Jammu/Kashmir .. Members.2. After the tender documents/standard bidding documents were prepared tenders for the work were invited vide NIT No. 01/ 2005 dated 15-3-2005 the...

Ghulam Qadir Dar and ors. Vs. State of J and K and ors.

Court: Jammu and Kashmir

S.N. Jha, C.J.1. These four letters patent appeals arise from the common judgment of the learned Single Judge in two writ petitions filed by the same petitioners. They filed SWP No. 1208/1986 for quashing the order of the Director General of Police (DGP) dated 3rd December, 1985 directing that the appellants and others who were brought on promotion list 'E' on 25th April, 1978 -- barring those who stood otherwise disqualified and had so far not been promoted as Sub-Inspectors (SI) -- shall be deemed to have been promoted as SI for the purpose of seniority with effect from 25th April, 1978 i.e. the date when they were brought on the promotion list. The petitioners further sought mandamus on the official respondents not to take into consideration the said order of 'notional' promotion in preparing list 'F' or giving promotions to the post of Inspector, and to declare them (writ-petitioners) as senior to the respondents. Alleging that the file of SWP No. 1208/1986 was not traceable in the...

Rohit Dhawan Vs. State Through Ssp Crime

Court: Jammu and Kashmir

Reported in: 2006CriLJ944,2006(3)JKJ637

Nirmal Singh, J.1. This is a petition under Section 561-A Cr. P. C ( for short code hereafter) for quashing FIR No. 11/2004 dated 6.4.2004 and investigation made there upon, registered by Police Station, Crime Branch, Jammu, under Sections 5(2) Prevention of Corruption Act, 2006, read with Section 420, 120B RPC, with further direction to the respondent to consolidate the trial in one court before learned Chief Judicial Magistrate, Srinagar where the charge sheet has already been presented in FIR No. 36/2003, which pertains to the same subject matter. 2. Objections have been filed by the State. 3. Relevant facts for disposal of this petition are that question papers for MBBS/MD/MS tests, which was held in May, 2003, were printed from M/S Art Vishal Printers, New Delhi from where one Romesh Hashija employee of M/S Vishal Printers, arranged a question paper and made the same available to aspiring candidates with the help of his brother Rohit Dhawan, for consideration. Rohit Dhawan contact...

Ghulam Hassan Dar Vs. State of J and K and ors.

Court: Jammu and Kashmir

Mansoor Ahmad Mir, J.1. Subject, Ghulam Hassan Dar son of Ghulam Rasool Dar, resident of Samboora Teh. Pampore District Pulwama, through his son, Khursheed Ahmad Dar, seeks to quash the detention order bearing No. 42/DMP/PSA/04 dated 22.11.2004 passed by respondent No. 3 District Magistrate, Pulwama in exercise of powers in terms of Section 8 of Jammu & Kashmir Public Safety Act, 1978, whereby the detenue stands detained in detention for a period of twelve months and lodged in District Jail Kathua on various grounds taken in the memo of petition.The respondents have filed reply.Heard. Considered.2. It appears that SSP Awantipora had, vide communication No. CS/D-26/2004/4153-55 dated 06.11.2004, made request to District Magistrate, Pulwama to detain the detenue Ghulam Hassan Dar. It appears that District Magistrate has directed the SSP, Awantipora to make re-verification. It is profitable to reproduce the contents contained in annexure-A herein;-Please refer your No. CS/D-26/2004/4153-5...

Th. Ashwani Singh Vs. Jeet Lal Gupta

Court: Jammu and Kashmir

Reported in: 2006(1)JKJ64

Nirmal Singh, J.1. Ist Additional Sessions Judge, has referred this matter on a revision filed by Thakur Ashwani Singh, by passing the following order:The conclusion that can be drawn, is that the Ld. Magistrate has not recorded any reason to justify his conclusion, which is the basis of order impugned. The Ld. Magistrate has reached a finding that sanction was necessary, without application of mind, which has resulted in an illegality. The Ld. Magistrate should have left the question of sanction to be decided at trial or after concluding the trial, if he was of the view that the commission of an offence was revealed. The ld. Magistrate has on the other hand, cut short the matter, without going into details, or without knowing, what the respondents had to say in the matter. So I feel that the order impugned is based on an unsound footing and is not in conformity with law. Same is so not sustainable. That being so, the impugned order deserves to be set aside. 2. The only point which was...

Madan Mohan Sharma Vs. Collector and anr.

Court: Jammu and Kashmir

Reported in: 2006(3)JKJ589

S.K. Gupta, J.1. This appeal is directed against the judgment and decree dated 17.8.2001 passed by the learned District Judge, Jammu in file No. 7/2AH in case entitled Madan Mohan Sharma v. Collector, Land Acquisition, Jammu, whereby the claim of the appellant-petitioner for enhancement of compensation has been rejected and no interest as contemplated under Sections 28 and 35 of the Land Acquisition Act has been awarded. 2. On being approached by the Director, School Education with an indent to acquire the land aggregating 16 kanals and 10 marlas contained in Khasra No. 1053/M located at Village Dablehar, Tehsil R.S. Pura, for construction of Government High School, Dablihar, a notification was issued by the Revenue Department under Sections-6 and 7 of the State Land Acquisition Act (hereinafter referred to as the Act) in declaring that the said land is required for the purpose, i.e., for the construction of the Government High School, Dablihar. Thereafter notices under Sections 9 and ...

Manohar Lal Vs. State

Court: Jammu and Kashmir

Reported in: 2006CriLJ1029

S.K. Gupta, J.1. The accused/appellant (Manohar Lal) has been convicted by the learned Special Judge, Anti-Corruption, Jammu, vide his judgment and order dated 31-12-1998 under Section 5(2) of the Jammu and Kashmir Prevention of Corruption Act, 2006 BK and sentenced to undergo rigorous imprisonment for two years and a fine of Rs. l,000/- and in case of non-payment of fine, to further undergo three months simple imprisonment. The accused/appellant was further convicted for offence under Section 161, RPC and sentenced to suffer two years' rigorous imprisonment and a fine of Rs. 1,000/- and in default of payment of fine also to undergo three months' simple imprisonment. Both the sentences have been ordered to run concurrently. Aggrieved by the judgment and order propounded by the learned Special Judge, Anti-Corruption, Jammu, the accused/appellant has impugned its correctness in this appeal.2. The case of the prosecution, enumerated from the record, in narration, is that Narinder Sharma, ...

The Jammu Teh. Co-op. Marketing Society Vs. National Agricultural Co-o ...

Court: Jammu and Kashmir

Reported in: AIR2006J& K45

S.K. Gupta, J. 1. This appeal arises out of a judgment and decree dated 6-3-1995 passed by the learned District Judge, Jammu in file No. 71/Civil entitled National Agricultural Co-operative Marketing Federation of India Ltd. v. The Jammu Tehsil Cooperative Marketing Society Ltd. by virtue of which the plaintiff-respondent No. 1 is held entitled to an amount of Rs. 1,13,920/ - with proportionate costs and interest @ 12% pendente lite till satisfaction of the decree.2. Appellant-defendant No. 1 Jammu Tehsil Co-operative Marketing Society Ltd. (hereinafter for short referred to as (JTCMSL) received potatoes weighing 3600 quintals, detailed in one of the annexures of the plaint, for deposit of the same in the Cold Storage from the plaintiff-respondent No. 1, National Agricultural Co-operative Marketing Federation of India Ltd. (hereinafter for short referred to as (NACMF)) in the month of April, 1979. Defendant No. 2 was required to lift 4198 bags of potatoes weighing 2650 quintals by 31-1...