Jammu and Kashmir Court March 2006 Judgments
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Bright Way Cars Clinic and anr. Vs. Central Bank of India and ors.
Court: Jammu and Kashmir
Decided on: Mar-22-2006
Reported in: AIR2007J& K10
ORDERMansoor Ahmad Mir, J.1. In terms of note of the Registry, appellant has not deposited the Court fee.2. Mr. Haqani, learned Counsel for appellants, disputed the correctness of the note of the Registry on the premises that the appellants are not required to pay the court fees because It is to be paid only once which the respondent (plaintiff) had paid at the time of filing of the suit which came to be decreed. Thus the appellants are not required to pay court fee.3. Heard. Perused. Considered.?4. It appears that plaintiff had filed a 5 suit before the trial Court for recovery of Rs. 28,20,542/- along with interest thereon pen-5 dente lite and future interest at the rate of 16.5% w.e.f. 31.3.2001 till final liquidation of the decretal amount. The defendant filed written statement before the trial Court and trial Court framed issues in the suit. The parties led evidence and after hearing learned Counsel for parties, trial Court passed judgment dated 29.7.2005 and decreed the suit in f...
Manzoor Ahmed Wani Vs. State of J and K
Court: Jammu and Kashmir
Decided on: Mar-22-2006
Reported in: 2006CriLJ4674,2006(2)JKJ694
J.P. Singh, J.1. Manzoor Ahmed Wani, petitioner, seeks quashing of order dated 24.05.2005 of learned Additional Sessions Judge, Ramban, whereby he has directed the police to take possession of vehicle No. 4456-/DL6CK during the currency of proceedings titled 'State V/s Manzoor Ahmed' under Sections 379, 467, 468, 471 & 420 IPC before him, after cancelling the Supurdari of the petitioner, who was allowed to retain it in terms of his earlier order dated 14.08.2003.2. Sh. O.P. Thakur, learned Counsel for petitioner, submits that the order impugned in the petition amounts to review of order dated 14.08.2003, which course was impermissible. He further submits that learned Sessions Judge had invoked jurisdiction under Section 517 of the Code of Criminal Procedure, which provision was not attracted in the facts and circumstances of the case because power under Section 517 Cr.P.C., could be exercised only at the time the trial is concluded.3. Sh. B.S. Salathia, learned Addl. Advocate General a...
Union of India (Uoi) and anr. Vs. Kashmir Finance Ltd.
Court: Jammu and Kashmir
Decided on: Mar-22-2006
Reported in: AIR2007J& K4,2006(2)JKJ397
B.A. Khan, C.J. (A)1. These appeals are directed against the judgment dated 31st March, 2004 passed by State Consumer (Protection) Commission (for short the Commission) and raise common questions of fact and law and are being decided by this common judgment.2. Respondents are all companies. They had purchased Kisan Vikas Patras of different denominations on various dates in 1937. When these Patras matured for payment on due maturity dates, the appellants refused to pay interest amount on the Patras on the ground that some irregularity had been committed by appellants in issuing these Patras and purchase thereof by the respondent companies. All the respondents felt aggrieved of this and filed complaints in the Commission claiming the interest amount on the ground that the appellants had retained their money for as good as six years and at no stage they had been informed about any irregularity in issuance of these Patras and that appellants were estopped from invoking some irregularity n...
Oriental Insurance Co. Ltd. Vs. Mohan Lal and 3 ors.
Court: Jammu and Kashmir
Decided on: Mar-22-2006
Reported in: 2006(2)JKJ503
J.P. Singh, J.1. Mohan Lal, a Naik in the Indian Army, was travelling on his Motor Cycle along with his wife from Udhampur to Jammu on 11-12-2000, when Amarjit Sharma, the driver of vehicle No. JK-O2J-7387, while driving the vehicle rashly and negligently, lost control of the vehicle and hit the petitioner and his wife on the Motor Cycle. This accident resulted in severe head injury besides fracture of both bones of right forearms. This accident disabled Mohan Lal to such an extent that he had to lose his service on disability pension as a case of permanent disability of 100%. He claimed an amount of Rs. 71 lacs as compensation for his mental and physical sufferings for rest of his life and for incurring expenses, which were required to be met in engaging servants and requisite infrastructure needed in sustaining such type of patient who was diagnosed as a case of paraplegia.2. Appellant-Insurance Company, contested the claim of Mohan Lal on merits, but did not lead any evidence as aga...
Mela Ram and ors. Vs. Shamsher Singh and ors.
Court: Jammu and Kashmir
Decided on: Mar-22-2006
Reported in: 2006(2)JKJ687
J.P. Singh, J.1. Mela Ram and seven others have filed this civil second appeal arraying Shamsher Singh and twenty two others as party respondents against decree and judgment dated 17.09.2004 of learned District Judge, Udhampur, whereby he had upset order dated 07.07.2003 of Tehsildar Settlement, Udhampur.2. Facts leading to the filing of this civil second appeal may be summarized, thus:3. Mela Ram and others filed an application on 08.05.1990 seeking partition of land comprised in Khewat No. 20/20 of village Kalsote, Tehsil Udhampur, claiming that they were co-sharers in Khewat No. 20/20 and as per the entries in the cordelier revenue records, they have 1/4th share in the land. Hari Saran, Jagdev Singh, Badri Singh and about sixteen other persons were impleaded as party respondents in this application.4. It appears from the records that after setting the respondents ex-parte, the Tehsildar Settlement directed the Patwari concerned to produce Naksha No. 3, proposing partition of the lan...
United India Insurance Co. Vs. Mohd. Afzal Lone and ors.
Court: Jammu and Kashmir
Decided on: Mar-22-2006
Reported in: AIR2007J& K20,2007(1)JKJ92
ORDERMansoor Ahmad Mir, J.1. By the medium of this writ petition, the petitioner has sought issuance of writ of certiorari for quashing the order dated 7-7-2004 (hereinafter, for short impugned order), passed by respondent No. 2 (J & K State Consumer Protection Commission, Srinagar) in complaint titled Mohammad Afzal Lone v. United India Insurance Co. on the grounds taken in the writ petition.2. Learned Counsel for respondent No. 1 stated at Bar that this petition be disposed of without filing objections. His statement is taken on record.3. It appears that respondent No. 1 filed consumer complaint under Jammu & Kashmir Consumer Protection Act, hereinafter for short the 'Act', before respondent No. 2. Petitioner applicant in the complaint disputed the claim of respondent No. 1 by filing the written version before J&K; State Consumer Protection Commission, Srinagar. It is profitable to reproduce Paras 3 and 4 of preliminary objections of the written version filed by petitioner before the...
J and K Ssrb Vs. Ali Asghar and anr.
Court: Jammu and Kashmir
Decided on: Mar-22-2006
Reported in: 2007(1)JKJ245
J.P. Singh, J.1. This appeal is directed against the Writ Court judgment dated 6.7.2001 allowing first respondent's writ petition, SWP No. 992/1998 directing the appellant-Board to recommend writ petitioner's name for selection/appointment to the post of Patwari. The facts leading to this appeal may be summarized thus:2. The Jammu and Kashmir State Service Selection Board issued advertisement notice No. 3 of 1997 dated 29.4.1997 inviting applications from the eligible candidates for selection to the post of Patwari in District Poonch. Qualification prescribed for the post was Matric and the candidates were required to know Urdu. The first respondent sought selection under RBA category but was not selected as he had-obtained 47.62 points in RBA category as against the last selected candidate who had secured 48.62 points in this category.3. Aggrieved by his non-selection, he filed a writ petition, SWP No. 992/1998 seeking quashing of selection of respondents 4 to 17 in the writ petition ...
Chaman Lal and ors. Vs. Kendriya Vidalaya Sangathan and ors.
Court: Jammu and Kashmir
Decided on: Mar-22-2006
Reported in: 2007(3)JKJ117
J.P. Singh, J.1. Smt. Pushap Lata, employed as a teacher with Kendriya Vidalaya Sangathan in 1969, was diagnosed as a case of SCLERODERMA, in advance stage in 1987. She accordingly, sought pre-mature retirement.2. Respondent Sangathan does not appear to have responded for about eight years. She however, expired on 7.11.1995, though in pain and suffering, because of non-release of her dues, complain the writ petitioner, who are the surviving members of her family. The petitioners submit that retrial benefits were sanctioned in 1996 after the death of Smt. Pushap Lata and an amount of Rs. 30,000 (Rupees Thirty thousand) initially sanctioned under Deposit Linked Insurance Scheme, was later withdrawn on the ground that Insurance was payable only if the employee had died in harness. The Sangathan relied on an office order of 4.8.1995 by which Smt. Pushap lata, deceased, is shown to have retired w.e.f 17.07.1987.3. The petitioners dispute the receipt of or knowledge of any such communication...
J and K All India Taxi Sumo and ors. Vs. State of J and K and ors.
Court: Jammu and Kashmir
Decided on: Mar-20-2006
Reported in: 2006(2)JKJ583
ORDER1. Fresh status reports have been filed by DIG Traffic, Director CA&PD;, Special Mobile Magistrate Traffic, Jammu and District Mobile Magistrate, Traffic, Kathua. No such reports have been filed by Divisional Commissioner Jammu or any of the departmental heads who were granted time vide the last Court order to file detailed reports on whether their vehicles were holding the Pollution Under Control certificates and fitness certificates. The directions of the Court in this regard have gone abegging, of which serious note is taken.2. The DIG, Traffic, Jammu, has submitted, in his report, that a regular post had been set up at Kathua, headed by an Inspector of Traffic Police and as many as 17,650 vehicles were checked at Kathua from 17.2.2006 to 5.3.2006, out of which 153 vehicles were pushed back for non-possession of fitness/Pollution Under Control certificates. Similarly, 12,565 vehicles were checked from 21.1.2006 to 5.2.2006 for use of shrill/pressure/double multi tone horns and ...
Rishi Raj Chopra and anr. Vs. State and ors.
Court: Jammu and Kashmir
Decided on: Mar-17-2006
Reported in: 2006(2)JKJ589
Permod Kohli, J.1. Legality and propriety of the Order dated 15th December, 03 passed by Second Additional District Judge, Jammu in the execution petition filed by the petitioners herein has been challenged in the present revision petition.2. Briefly stated the facts as emerge from the record are that land measuring 5 kanals 10 marlas comprising Khasra No. 657 situated at Nagrota, Jammu owned by the petitioners was requisitioned by the Collector for defence purposes. This requisition ]was made in accordance with the provisions of Requisitioning and Acquisition of Immovable Property Act, 1968 vide Government Order No. JK/2682/REQ dated 1st October, 1972. The property was taken over on 15th November, 76. Monthly rental was determined at Rs. 750/-. Rental compensation was received by the petitioners up to 1996. Petitioners filed a writ petition (OWP) No. 62 of 95 seeking a direction for the de-requisition or in the alternative for acquisition of the requisitioned property. This writ petit...
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