Jammu and Kashmir Court August 2005 Judgments

Ashok Kumar Vs. Income Tax Officer

Court: Jammu and Kashmir

Reported in: (2006)201CTR(J& K)178

V.K. Jhanji, J.1. This appeal under Section 260A of the IT Act, 1961 (hereinafter called as 'Act'), is directed against order dt. 14th Dec, 1999 passed under Section 254(1) of the Act by the Income-tax Appellate Tribunal, Amritsar Bench, Amritsar (hereinafter referred to as 'the Tribunal') in ITA No. 844/Asr/1993 for asst. yr. 1990-91, whereby the Tribunal allowed the appeal filed by the Department in respect of addition of Rs. 5,76,736 made by the AO on account of closing stock position in the books of account.2. The appellant is engaged in the business of glassware and crockery goods as wholesaler and retail dealer. The goods are imported from outside the State which are subject to check at the entry point at Lakhanpur barrier. The matter relates to asst. yr. 1990-91 relevant to year ended on 31st March, 1990. Return of income in respect of aforesaid assessment year was filed by the appellant with the AO showing taxable income of Rs. 67,160. Along with return of income, the appellant...

Food Corp. of India Vs. Krishan Kumar

Court: Jammu and Kashmir

Reported in: 2006(1)JKJ59

Nirmal Singh, J.1. Respondent-Krishan Kumar instituted a suit on 17.10.1995 in the court of Sub Judge, Doda for mandatory injunction directing the petitioner-Corporation to give employment to his son, namely, Bansi Lal in Class-III/IV category, on the ground that, the Corporation acquired the land measuring 9 kanals 3 marlas at Khellani for their use on 15.07.1985, whereafter Food Corporation of India constructed a Godown on the said land.2. Notice was served upon the defendants but no body put in appearance and the proceedings under Order 9 Rule 5 CPC were taken and defendants were proceeded against ex-parte. After recording ex-parte evidence, suit was decreed. Petitioner-Corporation filed application under Order 9 Rule 13 CPC for setting aside exparte decree. Alongwith application, application under Section 5 of the Limitation Act was also filed. Learned Sub Judge, Doda after considering objections of respondent, dismissed the application under Section 5 of the Limitation Act as a re...

Dharam Paul Vs. State of J and K

Court: Jammu and Kashmir

Reported in: 2006(3)JKJ542

Nirmal Singh, J.1. This appeal is directed against the judgment passed by learned Judge, Special Court, Anti-Corruption, Jammu on 07.12.1987 whereby the appellant has been convicted for the commission of an offence under Section 5(2) of the Prevention of Corruption Act, (hereinafter referred to as the Act) and sentenced to undergo imprisonment for a period of one year and also to pay fine of Rs. 1000/- and in default of payment of fine, he has been directed to further undergo simple imprisonment for a period of two months. The appellant was further convicted under Section 161 R.P.C. and sentenced to undergo imprisonment for a period of one year and also to pay a fine of Rs. 1000/- and in default of payment of fine, he has been directed to further undergo simple imprisonment for a period of two months. It was ordered that both the sentences should run concurrently.2. The prosecution story, in brief, is that Gian Chand-complainant lodged a written complaint with Vigilance Organization by...

Power Grid Corporation of India Vs. Lassi and ors.

Court: Jammu and Kashmir

Reported in: 2006(1)JKJ114

Mansoor Ahmad Mir, J.1. This judgment will govern the 12 Civil Ist Misc. Appeals titled above, which are outcome of a common judgment dated 07.09.2000 passed by the learned Additional District Judge, Srinagar whereby and where-under 12 references under Section 18 of the Land Acquisition Act have been decided.2. It is necessary to give a flask back of the case, the womb of which has given birth to the present appeals, in order to appreciate the points involved in these appeals.3. It appears that the Chief Engineer, Transmission NHPC Limited, Udhampur, Jammu had made a request, vide letter dated 2nd July, 1986, for the acquisition of the land for construction of 4000/220 KV Sub Station at Village Chattergam, Pahroo, Gangipora and Wagur of Tehsil Chadoora District Budgam. The land was notified in terms of Section 4 of Land Acquisition Act (hereinafter referred to as 'the Act') vide Collectorate No. 359/LAC dated 05.08.1996. The Administrative Department made declaration as per the mandate...

Mohammad Araf Qazi and anr. Vs. State of J and K and ors.

Court: Jammu and Kashmir

Mansoor Ahmad Mir, J. 1. The petitioners have averred in this petition that they were appointed on adhoc basis as Basic Health Worker in the year 1991 against clear vacancies in the pay scale of Rs. 1200-2040 revised Rs. 4000-6000 and were posted at Sub District Hospital, Tangdar. Further, it has been averred that petitioner No. 1 came to be appointed as Class-IV employee vide order No. Est-II/2998-91 dated 01.08.1997. The copy of the order is annexed as annexure-A to the writ petition. And petitioner No. 2 was also appointed as Class-IV employee. The petitioners requested respondent No. 2 to issue orders and adjust the petitioners against the post of Basic Health Worker which are lying vacant in Sub District Hospital, Tangdar. The petitioners made representations for regularizing their services against the post of Basic Health Worker but their grievances have not been redressed so far.2. The private respondents 4 and 5 had filed writ petition (SWP No. 2473-74/97) titled Khazir Mohamma...

Banarsi Lal and ors. Vs. Baldev Raj and ors.

Court: Jammu and Kashmir

Reported in: 2006(3)JKJ535

Nirmal Singh, J.1. This is a petition under Section 561-A Cr. P. C ( for short code hereafter) for quashing the order of learned 3rd Additional Sessions Judge, Jammu, dated 9.6.2004 whereby the application of the prosecution to re-call Dr. Raj Kumar Sangra, to prove the MLR's of Vijay Kumar and Naresh Kumar, has been rejected.2. The relevant facts for disposal of this petition are that respondents are facing trial under Sections 307, 326, 324, 325, 148, 149 RPC on the allegations that on 22.7.2001 accused persons have caused injuries to complainant Naresh Kumar, his father Banarsi Dass and brother Vijay Kumar at Kotli Arjun Singh, R.S. Pura, Jammu.3. Prosecution has examined many witnesses including Dr. Raj Kumar Sangra. The evidence of the prosecution was closed on 14.11.2003. The prosecution moved application under Section 540 Cr.P.C to re-call Dr. Raj Kumar Sangra and to prove the MLR's of injured Vijay Kumar and Manohar Lal. Respondents contested the application and the learned tri...

Hans Raj Vs. State

Court: Jammu and Kashmir

Reported in: 2006CriLJ896

Y.P. Nargotra, J.1. The appellant was tried for commission of offences under Sections 376/341 RPC and the learned Sessions Judge Kathua by his judgment and order dated 31.1.2001 has convicted and sentenced the appellant to undergo rigorous imprisonment for a period of four years and a fine of Rs. 10000/-, and in case of default in payment of fine to undergo simple imprisonment of six months for proof of the offence Under Section 376 RPC and to undergo simple imprisonment for a period of one month and a fine of Rs. 300/- and in case of default to make payment of fine to undergo further imprisonment of 15 days. Both the sentences have been ordered to run concurrently. 2. The case of the prosecution against the accused was that on 12.11.1995 at about 4/5 PM when prosecutrix Mst. Sham Dai was grazing her cattle in the forest the accused came there and caught hold of her and after forcibly putting her down committed forcible intercourse with her. The prosecutrix raised hue and cry on which ...

Vaishno Flour Mills Vs. Union of India (Uoi) and ors.

Court: Jammu and Kashmir

Reported in: 2006(3)JKJ627

Y.P. Nargotra, J.1. Union of India through its Executive Officer, MG ASC Northern Command, issued a tender notice dated 15.4.2005 for inviting tenders from flour mills registered with MG ASG HQ Northern Command for lifting of wheat from FCI Depots, grinding into atta, purchase of bran, refraction and used wheat bags, transportation of atta and bran by road transport to nominated Military Stations in J&K;, Pathankot & Kangra Valley from 01. Aug 05 (or from the date of sanction) to 31.7.2006. Clause 6 of the tender notice envisages that successful tenderer will be required to follow terms and conditions laid down in tender form & MOU. The tenders were for the contracts relating to 14 Corps, 16 Corps, 15 Corps and K.V. Depots. In response for three contracts for 16 Corps, 15 Corps and K.V. Depots five registered flourmills including that of the petitioner submitted their tenders and thereby quoted their rates. The tenders were opened on 5.5.2005; comparative statement of the rates quoted ...

Ajit Sharma Vs. Jammu Development Authority and ors.

Court: Jammu and Kashmir

Reported in: 2006(3)JKJ493

S.K. Gupta, J.1. All these Letters Patent Appeals involving identical questions of law and facts are being decided by a common judgment. Facts giving rise to these appeals may be noticed.2. The Jammu Development Authority (for short JDA hereinafter) had developed commercial plots for allotment. The object was to decongest the Warehouse by shifting some of the establishments to new site. On the applications of respondents (1) Ajit Sharma (2) Raj Kumar (3) Ashim Raina (4) Suresh Soni and (5) S.K. Kochhar, five plots of different sizes for commercial purpose (Service Station) were allotted to them in 1988-89 respectively.3. Appellant, Arun Parkash, filed OWP No. 20/1990 challenging the legality of the allotment orders issued in favour of the respondents. His writ petition was dismissed by the writ Court vide judgment and order dated 11-12-1998. He has challenged the dismissal of his petition in LPA (OW) No. 659/1999.4. All these allotment orders were also challenged in OWP No. 1008/1992 f...

Miss Harleen Singh Vs. State of J and K and ors.

Court: Jammu and Kashmir

Reported in: 2006(3)JKJ568

Permod Kohli, J.1. Through the medium of this petition a direction is sought for quashing Govt order No. 163-GAD of 1996 dated 22-2-1996, as amended subsequently vide Govt Order No. 253-GAD of 1996 dated 26-3-1996 and Govt Order No. 638-GAD of 2000 dated 5-6-2000 and Govt Order No. 809-GAD of 2000 dated 12-7-2000 and a further direction in the nature of mandamus to provide preferential treatment within the Sports Category to the Sports personnel, who have performed outstandingly viz those sports personnel who have secured positions in National Championship or who have represented the country in the International meets etc. in the matter of admission to Professional Colleges.2. Petitioner has claimed that she has represented country in international meet and has won large number of medals and was adjudged the best Junior Rhythmic Gymnast of the country in the year 2002. The grievance of the petitioner as projected in this petition relate to the non- consideration of outstanding merit of...