Jammu and Kashmir Court May 2006 Judgments

Oriental Insurance Co. Ltd. Vs. AllahdIn and ors.

Court: Jammu and Kashmir

Reported in: 2006(2)JKJ698

Mansoor Ahmad Mir, J.1. Common questions of law are involved in all the appeals titled above and required to be determined by a common judgment. Accordingly, I deem it proper to decide all the appeals titled above by this common judgment.2. CIMANos. 102/2001, 106,107, 108, 109, 110, 111, 112, 113 of 2001, 235/2003,236, 237, 238, 239, 240, 241, 242, 243,244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281 of 2003 are the out come of claim petitions which came to be filed by the victims of vehicular accident which was allegedly caused by the Driver namely, Karnail Singh while driving Bus No. JK02E 9657 rashly and negligently on 19th June 1998 near Nandani at National Highway. For short hereinafter these cases shall be referred to as 'Nandni cases'.3. CIMA Nos. 102/2001 and 106 to 113/2001 are directed against award(s) dated 31.5.2001, 28.4.2001, 28.4.200...

Mohd. Bashir and ors. Vs. State

Court: Jammu and Kashmir

J.P. Singh, J.1. Petitioners invoke the Revisional as also the inherent jurisdiction of this Court to set aside order dated 15.05.2006 of learned Sessions Judge, Poonch, whereby petitioners had been charged under Sections 302, 120B, 34 I.P.C. and 7/27 Arms Act. 2. Sh. R.P. Sharma, learned Counsel appearing for the petitioners, submits that the trial Court has erred in rejecting the prayer of the petitioners for re-investigation of the case and dropping the proceedings in the absence of sanction under Section 197 of the Code of Criminal Procedure. Learned Counsel refers to Sankaran Moitra v. Sadhna Das and Anr. reported as 2006 (3) SCALE 414 in support of his submissions that the proceedings before the learned Sessions Judge, Poonch, need to be quashed in the absence of sanction under Section 197 of the Code of Criminal Procedure. I have considered the submissions of the learned Counsel for the petitioners.3. Learned Sessions Judge, Poonch, has written an elaborate order dealing with th...

Gulzar Ahmad Matkoo and ors. Vs. State and ors.

Court: Jammu and Kashmir

Reported in: 2007(1)JKJ69

Nisar Ahmad Kakru, J.1. This batch of writ petitions arises out of communication bearing No. MENG/118/2004 dated 07-03-2005, which may be noticed:Government of Jammu and KashmirHealth and medical education department.Principal,Government Medical College, Jammu.No. MENG/118/2004 Dated 07-03-2005.Subject: Notification of candidates for undergoing differentParamedical training course in AMT school Jammu/Srinagar by Hon'ble Minister of state Health and Medical Education.References: Your No.1. AHJ/NOM/MOS/R/3515 dated 21-09-20042. AHJ/NOM/MOS/4364 dated 10-11-20043. AHJ/NOM/MOS/R/3883 dated 15-10-20044. AHJ/NOM/MOS/R/4156 dated 01-10-2004Sir,I am directed to refer to your above correspondence on the subject matter and say that Hon'ble minister Health and medical education has observed as:The entire list of nominations made for various disciplines of paramedical courses by any authority not competent to do so needs to be quashed/cancelled immediately. Principal AMT School Jammu/Srinagar be a...

Muhammad Syed Shah Vs. Sama Sayeed

Court: Jammu and Kashmir

Reported in: 2007(1)JKJ72

Nisar Ahmad Kakru, J.1. Breakdown of the marital relationship between the parents of ill fated daughter-respondent, a student of Presentation Convent High School Srinagar, having rendered her unsafe in terms of financial backing, consequently, a civil suit in the Court of Learned Principal District Judge, Srinagar which culminated in a judgement and decree dated 25.08.2003 for declaration and injunction requiring the father-appellant to pay maintenance at the rate of Rs. 5000/- (five thousand only) per month and to reap its fruits, it may not be imagined but fact remains that the decree holder child in distress has been made to run from pillar to post by none other than her own father. That is how this civil Ist appeal which is restricted to the quantum of maintenance only.2. It transpires from the pleadings of the parties that marriage of the parents of the daughter-respondent was solemnized on 23rd of July 1984 and out of the wedlock besides her, a son Owais Ahmad was born. Marriage ...

Union of India (Uoi) and ors. Vs. Sat Pal

Court: Jammu and Kashmir

Reported in: 2006(2)JKJ499

J.P. Singh, J.1. Union of India, IG Frontier, Headquarter, BSF, Paloura Camp, Jammu, and Madan Lal, Head Constable, have filed this appeal to question award dated 07-11-2003 in claim petition No. 642(Claim) titled Sat Pal v. Union of India and Anr., of Motor Accidents Claims Tribunal, Jammu, which awards an amount of Rs. 4,70,000/- as compensation in favour of Sat Pal for the injuries suffered by him in a motor vehicle accident.2. Sat Pal had lodged a claim petition saying that he was travelling in BSF vehicle No. 231340 of 162 Bn. on 24th of April, 1997, when it met with an accident at Khandi on Rajouri-Budhal road, as a result whereof, he sustained multiple injuries. The injuries ultimately resulted in amputation of his right arm and fracture of left leg.3. The Claims Tribunal raised following issues to settle the disputed questions. The issues read thus:1. Whether the accident resulting into injuries to the right upper limb occurred because of the rash and negligent driving of the o...

United India Insurance Co. Ltd. Vs. Bishno Devi and ors.

Court: Jammu and Kashmir

Reported in: 2006(2)JKJ495

J.P. Singh, J.1. This appeal is directed against the award dated 22.3.2003 of Motor Accidents Claims Tribunal, Jammu, whereby claimants have been awarded an amount of Rs. 2,62,328/- (Rupees two lakh sixty two thousand three hundred and twenty eight) along with interest at the rate of 9 per cent per annum as compensation for the death of one Ram Saran. Claimants were the widow, minor daughter and the son of the deceased.2. The brief facts of the case are that the deceased was travelling on tractor bearing registration No. JK02-R-3990, when it turned turtle near Saharan Morh under the jurisdiction of Police Station Kahana Chak, Jammu, because of the rash and negligent driving of its driver. The claim was contested by the owner and insurer of the tractor.3. The claims Tribunal raised following issues to decide the rival contentions of the parties raised in their pleadings:1. Whether an accident took place on 26.3.2003 at Saharan Morh, Jammu due to rash and negligent driving of offending v...

Jan Mohd. Vs. State and ors.

Court: Jammu and Kashmir

Reported in: 2006(2)JKJ717

J.P. Singh, J.1. Detention order No. 09/2005 dated 06-12-2005 of District Magistrate, Rajouri, directs the detention of Jan Mohd., petitioner, in preventive custody under the Jammu & Kashmir Public Safety Act.2. Jan Mohd has approached this Court through the medium of HC(W) No. 03/2006, seeking quashing of the detention order. It is stated in the petition that Jan Mohd. stood already arrested in F.I.R. No: 82/05 registered under Sections 307/120B/121/122/123/124-A/212/216/336 R.P.C. and Sections 7/27 of Indian Arms Act besides Section 03 SSA, because of which there was no scope for the detenue to be enlarged on bail and in these circumstances his preventive detention was wholly unwarranted besides being unsustainable in the eyes of law. The detention order has been questioned as arbitrary.3. The detenue urges that he had made representation before the competent authority but it had not been decided by the State Government, thereby depriving him of his fundamental right under Article 22...

Buta Ram Vs. Maya Devi and ors.

Court: Jammu and Kashmir

Reported in: 2006(2)JKJ489

Mansoor Ahmad Mir, J.1. This appeal is directed against the award dated 12-7-1999 passed by the Motor Accident Claims Tribunal, Kathua in a claim petition titled as Maya Devi and Ors. v. Lalman and Ors. (which shall be hereinafter referred to as impugned order) whereby and where-under compensation to the tune of Rs. 87,600/- with interest at the rate of 12% per annum from the date of institution of the claim petition till its realization come to be granted in favour of the claims against the owner of the offending vehicle.2. It is useful to refer respondents No. 1, 2 & 3 as the claimants; appellant as insured;-respondent No. 4 as insurer and respondent No. 5 as driver of the offending vehicle, hereinafter.3. It appears that the claimants have been dragged from pillar to post and post to pillar and thereby stand deprived of the benefit of social legislation for pretty long time. The delay crept in has not only deprived the claimants from the benefit of social legislation but has defeate...

Ali Mohd Darzi Vs. Mohammed Yousuf Bhat and anr.

Court: Jammu and Kashmir

Reported in: 2007(1)JKJ426

J.P. Singh, J.1. Ali Mohammed Darzi filed a suit in the Court of Munsiff Chadura, seeking a decree for declaration with consequential relief of injunction against Mohd Yousuf Bhat and Qumer-u-Nisa alias Nasreen. Defendants filed their written statement raising preliminary as also other objections to the suit of the plaintiff.2. Vide order dated 17.08.2005, following issues were framed by the learned Munsiff:i. Whether plaintiff is owner and in possession of suit property, a house measuring 33' X 50', three storied, tin roofed, if so, whether the same is in uninterrupted peaceful possession of same for last 36 years; liquidating all dues of water, electricity etc. OPPii. If issue No. 1 is decided in affirmative, whether he (plaintiff) has spent three lacs, on the improvement of same. OPPiii Whether defendants are trying to dispossess, plaintiff from suit property and leveled vague allegations with agencies, if so, whether they do not have any right/locus stand to do so. OPPiv. Jurisdict...

Shamim Ahmad Beigh Vs. State of J and K and ors.

Court: Jammu and Kashmir

Reported in: 2007(1)JKJ429

J.P. Singh, J.1. Shamim Ahmad Beigh seeks a writ of certiorari for quashing Order No. Det/PSA/06/210 dated 13.02.2006 passed by second respondent, District Magistrate Anantnag, directing his detention under the J&K; Public Safety Act, 1978.Detention has been questioned, in nutshell, on the ground that on an earlier occasion also the petitioner was detained in preventive custody vide second respondent's order No. Det/PSA/05/3 64 dated 07.01.2005, which was quashed by this Court in terms of its judgment dated 25.10.2005 recorded in case No. HC 94/2005 and that in view of the quashing earlier detention order, the petitioner could not be detailed on the same allegations on which his detention hn-1 been quashed by this Court on an earlier occasion. The petitioner submits that there was no material on records before District Magistrate on the basis whereof a satisfaction could be reached at that the petitioner was indulging in activities detrimental to the security of the State. It is urged ...