Jammu and Kashmir Court September 2005 Judgments

Shri Mata Vaishno Devi Shrine Board Vs. Ghulam Mohd.

Court: Jammu and Kashmir

Nirmal Singh, J.1. This Civil 1st Miscellaneous Appeal has been filed under Section 30 of Workmen's Compensation Act, 1923 (for short the Act) against the award dated 2.3.2002 passed by the (Assistant Labour Commissioner) Doda, under the Act, exercising the powers of Commissioner, in case titled Ghulam Mohd. v. Chief Executive Officer, Shri Mata Vaishno Devi Shrine Board, Katra.2. Relevant facts for the disposal of this appeal are that Ghulam Mohd-respondent, filed a petition under Section 3 of the Act for compensation in respect of the death of Ghulam Hussain by pleading that his son deceased-Ghulam Hussain was working as a labourer for construction of Aadh Kunwari Link Road at Katra, under the employment of Chief Executive Officer Mata Vaishno Devi Shrine Board Katra, District Udhampur, and on 03-02-1998 during the work a landslide came from above and a stone therein struck the deceased consequent upon which he expired. It was also pleaded that at the time of accident, the deceased w...

Khem Raj Vs. State of J. and K.

Court: Jammu and Kashmir

Reported in: 2006CriLJ1918

Nirmal Singh, J.1. This appeal is directed against the order of learned Special Judge, Anti-Corruption, Jammu, dated 27-10-1997 by virtue of which the appellant has been convicted and sentenced to undergo rigorous imprisonment for three years and to pay a find of Rs. 5000/- for the commission of offence punishable under Section 409, RPC, in default of payment of fine, he shall further undergo rigorous imprisonment for a period of one year. He has been further convicted and sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs. 5000/- for the commission of offence punishable under Section 5(2) of the Prevention of Corruption Act (hereinafter called as Act), in default of payment of fine, he shall further undergo rigorous imprisonment for a period of one year. It was ordered that both the sentences shall run concurrently.2. The relevant facts for disposal of this appeal are that appellant was posted as ED BPM, Rajinder Pora, Post Office, during the year 1991-...

Bhupinder Singh Vs. Harbhajan Singh

Court: Jammu and Kashmir

Reported in: 2006(1)JKJ23

Nirmal Singh, J.1. This revision is directed against the order of learned 2nd Additional Sessions Judge, Jammu, in case titled 'State v. Harbhajan Singh', passed on 30.04.2004, whereby, charge under Sections 307 and 323 RPC has been converted into Sections 279 and 377 RPC.2. The case of the prosecution is that on 15.10.2003 in the morning, petitioner was coming to Jammu at his own vehicle for domestic work. He stopped his vehicle at Miran Sahib and when he was standing with one Darshan Kumar Ishar, the respondent/accused came on his vehicle, called the petitioner and started abusing him without any reason and when the petitioner objected to it, the respondent/accused threatened the petitioner that he would be done to death and taught a lesson in the way. Respondent/accused left for Jammu. Petitioner also proceeded towards Jammu and when he reached near Upper Gadi Garh near Telephone Exchange, the petitioner stopped there having some work with Joginder Singh and when he was talking to J...

State Vs. Ram Rattan

Court: Jammu and Kashmir

Reported in: 2006(1)JKJ130

Bashir A. Kirmani, J.1. This is a Reference made by learned Additional Sessions Judge, Reasi recommending quashment of an order recorded by Judicial Magistrate, Reasi on 31st of January, 2004, whereunder he discharged the accused/respondents of offences under Sections 447-A/147 R.P.C. Respondent's counsel while opposing acceptance of the Reference contends that impugned order of trial Magistrate was perfectly well placed in circumstances of the case.2. I have heard learned Counsel, gone through the records and considered the matter. It appears that on 28-12-2003, the concerned police instituted a case against accused/respondents under Section 447/147-R.P.C. with allegations that they were trespassing over State land under Survey nos. 409, 405, 358 and 341 situate at Tanda Tehsil Reasi despite concerned Tehsildar's eviction orders under Section-133 of Land Revenue Act passed in respect thereof, at whose behest the case had been registered. Materials submitted alongwith police case, incl...

State Vs. Sanjeev Pandita

Court: Jammu and Kashmir

Reported in: 2006(1)JKJ86

Bashir A. Kirmani, J.1. This Reference has been received from learned C.J.M. Jammu, recommending quashment of the interim order of 20th March, 2005 passed by concerned Judicial Magistrate in the above captioned case, whereunder prosecution evidence has been closed. The Government Counsel supports it on the ground that reference is well placed while Counsel of the accused opposes for the reason that it tends to take away a right that stands otherwise vested in the accused under impugned order.2. I have heard learned Counsel, gone through the records, and considered the matter. It appears that on 8th of March, 2003, the concerned police instituted a case against the accused persons namely Sandeep Pandita and Shambu nath with the allegation that on 24th of December, 2002, they subjected complainant-1, Pran Nath to illegal restraint, and while beating him inflicted injuries also. On receipt of report, police registered the case being No: 27/03 Under Sections 323/341-RPC and conducted inves...

Kanta Verma Vs. Surinder Gupta and anr.

Court: Jammu and Kashmir

Reported in: III(2007)BC272

ORDERY.P. Nargotra, J.1. Respondent-Surinder Gupta instituted a complaint Under Section 138 of Negotiable Instruments Act (hereinafter called the Act), before the learned trial Court against M/s. River Ridge Software Pvt. Ltd. and the petitioner herein, a Director of the aforesaid company, on the allegations that accused No. 1-company was indebted and owed Rs. 79,931.50 to the complainant and towards the discharge of his liability issued cheque No. 436833 dated 25-5-2002, for the said amount to be drawn on its banker namely Standard Chartered Grindlays Bank, M-l, South Extension, Part II, New Delhi, to be paid out of its account No. 33679209. The cheque was signed by the petitioner herein being Director of the company. The complainant presented the cheque through its bankers namely Jammu Central Co-operative Bank Ltd. Talab Tiloo Branch Jammu, however it was not honoured by the bankers of the accused and was returned unpaid along with the memo dated 23-11 -2002 with the remarks 'paymen...

Rajeev Kumar Koul Vs. Dr. Jyotsana Koul and ors.

Court: Jammu and Kashmir

Reported in: AIR2006J& K59

Nirmal Singh, J.1. This appeal is directed against the judgment and order dated 11-12-2003 passed by the learned Additional District Judge, (Matrimonial Cases), Jammu in file No. 111 titled Dr. Jyotsana Koul and Ors. v. Rajeev Kumar Koul.2. Dr. Jyotsana Koul (respondent No. 1 herein), filed a petition under Section 13 of the Hindu Marriage Act, 1980 (for short hereinafter referred to as the 'Act') for divorce on the ground of desertion. Along with it, she also filed an application under Section 30 of the Act for grant of maintenance pendente lite and litigation expenses for herself and also for minor children. The respondent No. 1 had pleaded that from the wedlock two children namely Surja Koul and Tushar Koul were born. They are residing with her in her parental house and are studying. It is staled that the respondent No. 1 used to spend more than Rs. 15,000/-per month for maintaining herself and also Rs. 10,000/- per month on the education and maintenance of the minor children. As su...

General Manager and anr. Vs. Tirath Singh

Court: Jammu and Kashmir

Nirmal Singh, J.1. This appeal is directed against the award-dated 30.09.2000 passed by Motor Accident Claims Tribunal, Jammu (hereinafter referred to as Tribunal) in File No. 24/claim (MACT, Kathua) read with 11/CP (MACT, Jammu) titled Tirath Singh v. Krishan Chand and Ors. whereby an amount of Rs. 3,03,316, has been awarded in favour of respondent.2. The relevant facts for disposal of this case are that on 09.05.1993, respondent-Tirath Singh was driving truck bearing No. JK02-3025 which met with an accident near Chhan Arorian on the National Highway with Bus No. JK02-Y/0024. In the said accident Vishnu Gupta and Subh Gupta also received injuries who were travelling in the Bus No. JK02Y 0024. They filed claim petition before Motor Accident Claims Tribunal, Jammu, on 05.11.1993 by impleading Tirath Singh, driver, as party respondent and same was decided on 30.09.1996. In the said petition filed by Subh Gupta, learned Tribunal framed the following issues;1. Whether accident-involving in...

Vishwajeet Sood Vs. Hotel Sim Sam Project

Court: Jammu and Kashmir

Reported in: AIR2006J& K63

ORDERY.P. Nargotra, J.1. Through the medium of this petition the petitioner is seeking recall of order dated 27-9-2002 whereby in terms of Section 11 of the J & K Arbitration and Reconciliation Act, 1997, (hereinafter called the Act), application of the respondent for appointment of Arbitrator for determination of disputes through arbitration was allowed and Sh. A. N. Saraf, retired District & Sessions Judge, was appointed as Arbitrator.2. The facts which need to be noticed are that respondent filed an application against the petitioner Under Section 11 of the Act being AAD2/2002, for seeking appointment of Arbitrator for adjudicating upon the disputes arising between the parties, out of contract allotted by the petitioner to the respondent for construction of a hotel in Katra.3. For regulating the procedure for entertaining the request for appointment of an arbitrator Under Section 11(9) the Lord Chief Justice had formulated a scheme and Para 2 (a & b) thereof provided as follows :2. ...

Bindroo Vs. Badri Nath

Court: Jammu and Kashmir

Reported in: AIR2006J& K36,2006(1)JKJ28

Y.P. Nargotra, J.1.'Whether an appeal lies against an order of appellate Court passed under Order 41, Rule 23 or 23-A, C.P.C. for remanding a case for re-trial to the trial Court after setting aside its decree, as a matter of right on a question of fact as well as question of law?' is the vital question involved in this case.2. The defendant-appellant has filed this Civil Second Appeal against the judgment of learned 2nd Addl. District Judge Jammu dated 30-4-2005 whereby the learned District Judge has set aside the judgment and decree of the trial Court dated 22-1-2003 and remanded the suit back for re-trial after framing issues afresh as per pleadings of the parties. Since the 1st appellate Court has not dismissed or decreed the suit of the plaintiff its judgment cannot be treated as decree and therefore civil second appeal u/S. 100, C.P.C. does not lie. Faced with such situation learned Counsel for the appellant submits that his appeal be treated to be an appeal under Order 43, Rule ...