Jammu and Kashmir Court March 2006 Judgments
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Farooq Ahmad and ors. Vs. State and ors.
Court: Jammu and Kashmir
Decided on: Mar-31-2006
Reported in: 2006(2)JKJ418
Nisar Ahmad Kakru, J.1. Process of selection relating to contractual appointments initiated by the Deputy Commissioner Doda vide advertisement notice No. 1124-62/ARA/2003 dated 04.08.2003, inter alia, for the posts/vacancies of Junior Engineers in Civil/Mechanical in district Doda, came to be clinched by a recommendation made to the Government, followed by an order of appointment vide Government Order No. 169-PW of 2003 dated 24.09.2003. It is the said order which is sought to be set at naught by the petitioners mainly on the ground that the appointment is de hors the rules. To bring home the point reliance is placed on Note: 3 of Schedule II-A appended to the rules called the Jammu & Kashmir Engineering (Subordinate) Service Recruitment Rules, 1995 notified vide SRO 180 extracted hereunder for facility of reference.Note 3. The appointment of Junior Engineer to Grade-II shall be made in the ratio 1: 3 between degree and diploma holders respectively.Suffice it to say that the argument h...
Nissar Ah. Ganai Vs. State and ors.
Court: Jammu and Kashmir
Decided on: Mar-31-2006
Reported in: 2007(1)JKJ114
Nirmal Singh, J.1. This petition under Article 226 of the Constitution of India read with Section 103 of the Constitution of Jammu and Kashmir, has been filed for issuance of a writ in the nature of certiorari quashing order dated 6th Jan' 06, annexure A to the writ petition, whereby direction has been given to Tehsildar Agrarian Reforms, Qazigund, to rush to the spot immediately and remove the encroachment, if any, found on spot over land measuring 1 kanal 15 marlas under Survey No. 209, situated at Kurigam including two residential houses. Further, a writ of mandamus is also sought directing respondent No. 2 to conduct an enquiry under law before passing any order under the Jammu and Kashmir Migrant Immovable Property (Preservation, Protection and Restraint on Distress Sales) Act, 1997 (hereinafter referred to as the Act).2. The case of the petitioner is that one Trilokinath, husband of respondent No. 6-Sheela Devi and father of petitioners No. 4 and 5, was owner in possession of lan...
Maneka Gandhi Vs. State of J and K and ors.
Court: Jammu and Kashmir
Decided on: Mar-30-2006
Reported in: 2007(1)JKJ58
ORDER1. A communication was received from Mrs. Maneka Gandhi, environmentalist, complaining of mushroom growth of Charcoal Bhatties in Kathua district and the damage caused by these bhatties to the forests and environment, within the District. She has submitted that there was no regulation for setting up or running of these Bhatties and that it was free for all to set up these Bhatties, which resulted in damage to the forest and all Bhatti owners were resorting to smuggling of trees from the forest, which has resulted in drying up of the water resources in the Kandi area of Katua belt, which area was already short of requisite water resources.2. This communication was treated as public interest litigation and concerned official functionaries, including the Principal Conservator of Forests (PCCF), Chairman Pollution Control Board and Divisional Forest Officer, Kathua, were put on notice and were required to give their response to the complaint made by Mrs. Maneka Gandhi. In compliance t...
Grievances of Aged and Disabled Person Vs. State of J and K and ors.
Court: Jammu and Kashmir
Decided on: Mar-29-2006
Reported in: 2006(2)JKJ692
ORDER1. Mr. Anmol Sharma, a law student, has addressed a communication to this Court, inviting its attention to the alleged ailing state of affairs in the Home for the aged and infirm at Ambphalla, called 'Vridh Ashram'. He has alleged that 38 male and 27 female inmates are living in miserable condition in the home and that no reasonable attention was being paid to their problems.2. This persuaded us to appoint Mr. R.P Sharma, Advocate, as local Commissioner. He was asked to visit the Home and report about the prevailing condition there. At the same time, Principal Medical College, Jammu, Director Health Services, Jammu, Director Social Welfare department and the representatives of the Managing committee of the Home were also summoned to ascertain the position and the problems faced by the Home and what remedial measures were required to be taken.3. According to Mr. R.P Sharma's report, this Home was being run by a private society and that the major problem faced by it related to the s...
Jahangir Ahmad Mir Vs. J and K Board and ors.
Court: Jammu and Kashmir
Decided on: Mar-29-2006
Reported in: 2007(2)JKJ220
Mansoor Ahmad Mir, J.1. Respondent No. l issued notice, inviting applications from eligible candidates for appearing in the entrance examination for selection/admission in MBBS course. Petitioner also applied and claimed that he falls within the category-viii as per annexure-II annexed to SRO 126 - candidate hailing from poor and backward families whose annual income does not exceed Rs. 70,000/-. Petitioner has annexed Photostat copy of certificate issued by Tehsildar and counter signed by Additional Deputy Commissioner, with the writ petition. Respondent No. l issued selection list and petitioner was not figuring in the said selection list which constrained him to make enquiries and was told that he had obtained 149 marks. He asked the respondents that why he has not been selected despite of the fact that respondent No. 3 had obtained only 148 marks and was ranking higher in merit. But they failed to redress his grievances and was constrained to file this writ petition.2. Respondent N...
Tirath Ram Vs. State of J and K and ors.
Court: Jammu and Kashmir
Decided on: Mar-24-2006
Reported in: 2006(2)JKJ579
J.P. Singh, J.1. Appellant came to this Court, initially in SWP No. 1160/2003, which, however, appears to have been withdrawn with liberty to file fresh one. The writ petition appears to have been withdrawn, when the action of the respondents in denying monetary benefits of retrospective promotion, was sought to be supported by the respondents on the strength of Order No. 1246 of 1988, dated December 27, 1988.2. Second writ petition of the petitioner SWP No. 2279/2003 claimed the following reliefs:i) Writ of Certiorari seeking quashing of Order No. 142 of 2002 dated 27.05.2002 of the respondent No. 4 partially so far as it pertains to denial of monetary benefits accrued in favour of the petitioner on promotion to the present post of Head Constable.(ii) Quashing of Order No. 1246 of 1988 issued by the respondent No. 3. D.G.P declaring it inoperative, being an Administrative directive, which cannot over ride the constitutional and statutory provisions and can not be allowed to snatch awa...
Parveiz Ahmad, Dr. Vs. State and ors.
Court: Jammu and Kashmir
Decided on: Mar-24-2006
Reported in: 2007(3)JKJ125
Bashir A. Kirmani, J.1. The petitioner presently working as a Registrar in Government Medical College, Srinagar since 25.6.2005 was selected and appointed as Assistant Surgeon in Health Department on 1.8.2005 where after under another order No. 529-HME of 2005 dated: 12.9.2005 he alongwith others appointed with him and holding the post of Registrar in Medical College of Srinagar or Jammu were directed be relieved by concerned Principles to report for further posting before Director Health Services. The grievance projected is that since petitioner is a cancer patient, the respondents be directed not to relieve him from Medical College, Srinagar for his posting elsewhere by Director Health Services because posting in some far flung area would deprive him of the treatment facilities available at Srinagar. It is further pleaded that in acknowledgement of his condition Government had already asked the Principle, Medical College, Srinagar vide letter No. HC (Gaz) S/94/05 dated: 24.10.2005 to...
Bar Association Jammu Vs. State of J and K and ors.
Court: Jammu and Kashmir
Decided on: Mar-23-2006
Reported in: 2006(2)JKJ603
ORDER1. An amended petition has been filed on behalf of Bar Association Jammu, seeking several reliefs, which include issuance of directions to the State respondent and its functionaries for construction of an alternate road from Manda Forest to High Court, restoring all the land allotted to the High Court and removing encroachments made on this land and completing the entire District Court Complex and the Lawyers Chambers as per the approved plan.2. It is submitted by Shri Surinder Singh, Bar President, that Soil Conservation Department had un-authorisedly occupied 20 or more kanals of land, within the High Court Complex, which otherwise fall in the land allotted to the High Court and had constructed its office and some residential quarters there.3. He pointed out that these constructions have come up right in front of the High Court building and constituted a source of nuisance, and interference in the Court premises, as the Court gates had to remain open for egress and ingress for t...
State of J and K Vs. Suraj Parkash and ors.
Court: Jammu and Kashmir
Decided on: Mar-22-2006
Reported in: 2006(2)JKJ663
J.P. Singh, J.1. State of Jammu and Kashmir invokes criminal Revisional jurisdiction of this Court for setting aside 2nd Additional Sessions Judge's order dated September, 18,2003, refusing to take cognizance of the Police Report under Section 173 of the Code of Criminal procedure filed by Police Station, Crime Branch, Jammu, on the basis of the investigation carried out in F.I.R. No. 10/2000 registered by it Under Sections 419/420/467/468/471 and 120B RPC, holding the registration of F.I.R., and investigation incompetent and beyond the power delegated to the Crime Branch Police Station under SRO 133, relying on a Division Bench Judgment of this Court in Criminal Revision Nos. 78/1998 and 10/1999.2. Sh. Abdul Hamid Qazi, learned Additional Advocate General, while projecting non-applicability of the Division Bench judgment to the case, added that cognizance could not be refused on the ground of any alleged irregularity or for that matter even incompetence of the investigation. Sh. Qazi ...
Surinder Singh and anr. Vs. Trilok Singh and Sons and ors.
Court: Jammu and Kashmir
Decided on: Mar-22-2006
Reported in: 2006CriLJ3812,2007(1)JKJ47
ORDERMansoor Ahmad Mir, J.1. The petitioners in this petition have sought indulgence of this Court for quashing of the proceedings initiated and the order dated 1st, of December 2004 passed by Judicial Magistrate 1st, Class (Judge Small Causes), whereby and where-under the cognizance was taken and process came to be issued against the petitioners i.e. accused, in the complaint titled as Trilok Singh v. Rama Vision and Ors., on the grounds taken in the petition. 2. Heard. Perused. Considered. 3. The exercising of powers under Section 561-A Cr. P.C. is an exception and not the rule. This provision of law does not confer any new powers on the High Court. It prescribes following three circumstances under which inherent jurisdiction can be exercised by the High Court:(1) to give effect to an order under the Code; (2) to prevent abuse of the process of Court; and (3) to otherwise to secure the ends of justice.4. While exercising powers under this section, this Court does not function as an a...
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