Jammu and Kashmir Court February 2006 Judgments
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State of J and K and ors. Vs. Judge, Small Causes Court and anr.
Court: Jammu and Kashmir
Decided on: Feb-28-2006
Reported in: 2007(1)JKJ502
Bashir A. Kirmani, J.1. Impugned in this writ petition with prayer for quashment thereof is a judgment purporting to have been passed by Sub-Judge (Court of Small Causes) in Civil Suit No. 7 of 1985 on 11.8.1994 whereunder while accepting second respondent's plaint in exparte the court declared him to be the owner in possession of land measuring 1 kanal, 15 marlas and 165 Sq.ft situated in Brarinambal, Khonakhan, Srinagar, under survey Nos: 1599,1600,1601, 1704/1658/1607,1659/1607,1660/1607,1661/1607 and held the proceedings purporting to have been initiated by Estates Department to evict the respondent therefrom under the J&K; Public Premises (Eviction of Unauthorized Occupants) Act, (hereinafter to be referred to a 'the Act'), to be illegal and thereby not binding.2. Grounds pleaded are that the land in question was purely state land belonging to different government departments but wrongly encroached upon by respondent No. 2 which necessitated initiation of eviction proceedings by D...
Roshan Lal Asrani and ors. Vs. Kashmir Commercial Agency and ors.
Court: Jammu and Kashmir
Decided on: Feb-27-2006
Reported in: 2006(2)JKJ142
J.P. Singh, J.1. Process issued by Municipal Mobile Judicial Magistrate First Class, Jammu, on a complaint of the respondents under Section 420 of the Ranbir Penal Code, has been questioned by the petitioners in this petition under Section 561-A of the Code of Criminal Procedure.2. Sh. Romeshwar P. Sharma, learned Counsel for the petitioners, while relying on Mohan Lal and Ors. v. State of Rajasthan 2000 Cri. L.J. 2982 SC, submits that the learned Magistrate has erred in issuing process against the petitioners under Section 420 of the Ranbir Penal Code, when the ingredients of the offence were not made out from what was stated by the respondents in their complaint and unless dishonest intention of the accused at the beginning of the transactions was made out, the learned Magistrate had no jurisdiction to issue process for summoning the petitioners. He prays for awarding examplary costs because the criminal proceedings against the petitioners are vexatious. Reliance is placed on Nageshw...
Mela Ram Vs. Mohinder Lal and ors.
Court: Jammu and Kashmir
Decided on: Feb-27-2006
Reported in: 2006(2)JKJ88
J.P. Singh, J.1. Through the medium of this petition under Section 561-A of the Code of Criminal Procedure, petitioner seeks quashing of proceedings pending before Additional District Magistrate (Assistant Commissioner Revenue), Jammu.2. Sh. Pranav Kohli, learned Counsel for the petitioner, submits that continuance of proceedings by the learned Additional District Magistrate, Jammu, beyond the period prescribed under Section 145 of the Code of Criminal Procedure, i.e., two months from the date of appearance of the parties, is illegal and that the petitioner has been deprived of his right of speedy trial under Article 21 of the Constitution of India, as made applicable to the State of Jammu and Kashmir.3. Both these submissions of the learned Counsel are untenable because Section 145(4) of the Code of Criminal Procedure does not contemplate any bar still less absolute bar disabling the Magistrate seized of the proceedings, in continuing the proceedings even beyond the period of two mont...
Krishan Kumar Vs. Devinder Mohan Sharma and anr.
Court: Jammu and Kashmir
Decided on: Feb-27-2006
Reported in: 2006CriLJ3571,2006(2)JKJ517
ORDERJ.P. Singh, J.1. Learned Additional Sessions Judge, Ramban, has set aside orders passed by Judicial Magistrate First Class, Batote, holding that the Magistrate did not have jurisdiction to discharge the accused, when the challan against the accused Included an offence, i.e. Section 467 of the Ranbir Penal Code, exclusively triable by the Court of Sessions, and that the case was required to be committed to the Court of Sessions.2. Krishan Kumar, accused, is aggrieved of the order of learned Sessions Judge, Ramban. He has come up to this Court invoking its Criminal Revisional Jurisdiction.3. Vide order dated May 30, 2001 learned Magistrate had held that though one of the offences appearing in the police challan, i.e. offence under Section 467, RPC was exclusively triable by the Court of Sessions, yet the case did not warrant committal because addition of Section 467, RPC in report under Section 173 of the Code of Criminal Procedure, appeared to be an error, as there were no allegati...
Krishan Lal Vs. Kuldeep Singh
Court: Jammu and Kashmir
Decided on: Feb-27-2006
Reported in: 2006CriLJ3969,2006(2)JKJ357
ORDERJ.P. Singh, J.1. Criminal Revisional Jurisdiction of this Court has been invoked by Krishan Lai, petitioner, seeking setting aside of order dated 24-8-2001 of learned Judicial Magistrate First Class; Basohli holding his complaint 'Not maintainable' and consequently discharging the respondent by directing dismissal of the complaint.2. Records of learned Judicial Magistrate have been perused. Petitioner complained infraction of Section 138 of the Negotiable Instruments Act, 1881, on the plea that cheque No. 115793 for an amount of Rupees thirty seven thousand, issued by the respondent and delivered to the petitioner to discharge an existing debt, bounced when presented for payment to the Jammu and Kashmir Bank, Basohli.3. Two notices appear to have been sent by the petitioner to the respondent. The second notice is stated to have been served on the accused on 24-1 -2000, when the earlier notice returned unserved.4. Learned Magistrate, on being satisfied with the statement of the com...
State of J and K and ors. Vs. Mohd. Iqbal
Court: Jammu and Kashmir
Decided on: Feb-27-2006
Reported in: 2008ACJ711,AIR2007J& K1,2006(2)JKJ71
J.P. Singh, J.1. Decree dated November 30, 2004, of learned Additional District Judge, Kishtwar, awarding an amount of Rupees seven lacs as compensation alongwith interest at the rate of 6 per cent till realization in favour of respondent, the father of two minor children who were electrocuted because of short circuit affecting electric pole installed near an electric transformer at Bus Stand, Kishtwar, has been appealed against by the State appellants.2. The case of the respondent plaintiff is that he is a poor pedlar settled in Village Lal Pattan, Kishtwar, who started putting up in Kishtwar to make his both ends meet. On July 22, 2000, two children of the respondent plaintiff, namely Akthar Hussain and Baby Rozy, were coming towards their dwelling place, when at about 7 p.m., they were electrocuted near an electric transformer at Bus Stand, Kishtwar.3. An amount of Rupees ten lacs was claimed as compensation under various heads. The appellants refuted their liability on the premise ...
ChaIn Singh Vs. State
Court: Jammu and Kashmir
Decided on: Feb-27-2006
Reported in: 2006(2)JKJ268
J.P. Singh, J.1. Mrs. Surinder Kour, learned Counsel for the petitioner, seeks quashing of proceedings in case titled State v. Chain Singh, pending disposal before learned Additional Sessions Judge, Doda, under Section 471 R.P.C on a short submission that the registration of F.I.R No. 13/2000 and its investigation by Crime Branch is illegal because Crime Branch of the State Police can register and investigate only those cases which are covered by Government Notification dated June 3, 1999.2. Mrs. Kour places reliance on a Division Bench judgment of this Court dated August 28, 2002 in Cr. Revision Nos. 78/1998 & 10/1999.3. Sh. A. S. Dogra, learned Dy. Advocate General for the respondent, submits in reply that the notification dated June 3,1999, covers the case in hand. FIR and investigation cannot be quashed, argues the counsel.4. I have considered the submissions of the learned Counsel for the parties.Petitioner Chain Singh is a teacher; hence a Public Servant under Section 21 of the R...
Nawab Khan, Sub [No. 870021695] Vs. Union of India (Uoi) and ors.
Court: Jammu and Kashmir
Decided on: Feb-24-2006
Reported in: 2006(2)JKJ234
J.P. Singh, J.1. Convicted for an offence under Section 13(1)(e) of Prevention of Corruption Act, 1988, punishable under Section 13(2) of the said Act and sentenced to dismissal from service, and rigorous imprisonment for one year, Subedar Nawab Khan of 5th Battalion, Border Security Force, approached this Court in SWP No. 482/2000 but remained unsuccessful. He has approached this Court again in original side appeal (LPASW No. 02/2006) questioning the judgment of the writ Court, his conviction and sentence, on a short ground, that his trial by the General Security Force Court is vitiated because of flagrant violation of Border Security Force Act and Border Security Force Rules, hereinafter referred as Act and Rules respectively.2. Mrs. Surinder Kour, learned Counsel for the appellant, submits that appellant was denied opportunity of hearing and producing evidence by the Commandant before directing his trial by the General Security Force Court on a charge under Section 13(1)(e) of the P...
State of J and K and ors. Vs. Dr. Shabnam Choudhary and ors.
Court: Jammu and Kashmir
Decided on: Feb-24-2006
Reported in: 2006(2)JKJ368
B.A. Khan, C.J. (A)1. Both these appeals arise out of a common order dated 28th May, 1998 passed by the Writ Court and are proposed to be disposed of by this common order.2. The J&K; Public Service Commission (for short, PSC) issued notification No. 30-PSC of 1996 dated 31st December, 1996 inviting applications from permanent residents of the State for the posts of Assistant Surgeon in Health and Medical Education Department in the pay scale of 2200-4000. The PSC completed the process and made selections. The selectee Assistant Surgeons were appointed vide Government Order No. 710-HME of 1997 dated 12th August, 1997 in the pay scale of 2200-4000 issued by the Health and Medical Education Department. These appointees were directed to report to Director Health Services at Jammu/Srinagar respectively for further posting, who, in turn, were required to post them in accordance with the guidelines issued vide Government Order No. 635-HME of 1997 dated 17th July, 1997.3. Government order date...
Om Parkash Bamba Vs. Union of India (Uoi) and ors.
Court: Jammu and Kashmir
Decided on: Feb-24-2006
Reported in: 2006(2)JKJ377
B.A. Khan, C.J. (A)1. This appeal is directed against the Writ Court judgment dated 20th August, 1999 passed in OWP No. 561/1992, dismissing the appellant's writ petition.2. The appellant had filed the writ petition seeking quashing of letter dated 30th March, 1992 and notices dated 9th April, 1992 and 25th June, 1992 issued by second respondent herein in exercise of power under Sections 131(1)(d) read with Section 55A of the Income Tax Act, 1961 seeking information from appellant with regard to the construction of his house property and determination of its value.3. Appellant's case before the Writ Court was that the action of respondents was incompetent because the Assessing Officer had no power to make reference to second respondent (Valuation Officer), nor had he any power to issue notices in question either under Section 131(1)(d) or under Section 55A of the Act.4. The writ petition was opposed by the revenue justifying the action and claiming that it was covered under both provis...
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