Jammu and Kashmir Court July 2006 Judgments
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Hilal Rashid Wagay Vs. State of J and K and anr.
Court: Jammu and Kashmir
Decided on: Jul-31-2006
Reported in: 2007(1)JKJ20
J.P. Singh, J.1. Hilal Rashid Wagay questions his detention, ordered vide District Magistrate, Anantnag's Order No. Det/PSA/05/95 dated 26.12.2005, urging that he has been deprived of his right to make representation against his detention because the material relied upon by the District Magistrate in directing his detention was not supplied to him nor was it so reflected in the grounds of detention.2. It is pleaded on behalf of the detenue by Sh. G. N. Shaheen, learned Advocate, that the detenue was already in jail at the time of his detention and this fact had not been considered by the detaining authority. Learned Counsel submits that neither the detaining authority had any material before him nor has he recorded any such satisfaction that the detenue was likely to indulge in activities prejudicial to the security of the State, which omission according to the learned Counsel, renders the detention order illegal. Learned Counsel argues that the grounds of detention were stale, remote ...
Farooq Ahmad Shah Vs. State of Jammu and Kashmir and anr.
Court: Jammu and Kashmir
Decided on: Jul-31-2006
Reported in: 2007(1)JKJ185
J.P. Singh, J.1. Farooq Ahmad Shah alias Showkat alias Mitha has been detained in preventive custody vide order No. DMS/PSA/108/2005 dated 28.02.2006 of District Magistrate, Srinagar, on the grounds, which read thus:Whereas, perusal of record provided by Senior Superintendent of Police, Srinagar, reveals that you arc affiliated with Let outfit, the most dreaded organization operating in the State. The activities of the organization are subversive in nature and are aimed at seceding the State of J&K; from the Union of India and to annex it with Pakistan.Whereas, you came into contact with Nasir Ahmad Mir R/O Sopore, a commander of JUM outfit, who motivated you to join JUM outfit and work for the militancy. You got readily motivated and started working with Nasir Ahmad Mir. In 1998 you alongwith Nasir Ahmad Mir went to Jammu for preparing fake passports. However both of you were arrested at Jammu, you were subsequently detained under PSA and were released in the year 2001. During your de...
Mst. Saleema Vs. State of Jammu and Kashmir and ors.
Court: Jammu and Kashmir
Decided on: Jul-31-2006
Reported in: 2007(1)JKJ15
J.P. Singh, J.1. Parvaiz Ahmad Dar, code name Mattoo, was detained vide District Magistrate, Srinagar's order No. DMS/PS A/87/2005 dated 16.02.2006.2. His mother has approached this Court, seeking quashing of detention order dated 16.02.2006.3. Sh. M. A. Qayoom, learned Counsel appearing on behalf of the detenue, though initially referred to some facts to demonstrate that the detention was illegal, yet during the course of hearing of the petition he confined his submission to two main grounds:(i) The District Magistrate had recorded his satisfaction on the basis of records produced by Senior Superintendent of Police, Srinagar. These records, according to the learned Counsel, were not made available to the detenue thereby depriving him of his right to make an effective representation in terms of Section 13 of the Public Safety Act, 1978, against his detention.(ii) After having admitted in the grounds of detention that the activities of the detenue had ceased with his arrest on 13.10.200...
M.L. Dhar Vs. Collector Land and anr.
Court: Jammu and Kashmir
Decided on: Jul-25-2006
Reported in: AIR2007J& K15,2007(1)JKJ312
Mansoor Ahmad Mir, J.1. This appeal is directed against the Judgment/award and decree dated 31st March, 2004 passed by learned Principal District Judge, Srinagar, in reference titled as M.L. Dhar and Ors. v. Collector, Land Acquisition and Ors., hereinafter referred to as impugned judgment/award, whereby and whereunder the reference came to be dismissed. Appellant has assailed the impugned award on various grounds taken in the memo of appeal.Brief facts of the cases:2. Collector, Land Acquisition acquired land measuring 222 kanals and 16 marlas for construction of Modern Slaughter House in Srinagar. Final award came to be passed on 4-12-1993 which came to be accepted on 8-12-1993 and accordingly payment was received by owners on 10th December, 1993.3. It appears that claimants have not objected to the acquisition of the land but were not satisfied with the amount of compensation award by the Collector as alleged in the application for making reference. It la further averred In the appl...
Pardeep Kumar Grover and anr. Vs. J and K Bank Limited
Court: Jammu and Kashmir
Decided on: Jul-25-2006
Reported in: 2007(1)JKJ41
Mansoor Ahmad Mir, J.1. Petitioners have invoked the jurisdiction of this Court in terms of Section 561-A Criminal Procedure Code for quashing tin: order dated 11th May, 2002 passed by learned Chief Judicial Magistrate, Srinagar, in the complaint titled as Jammu & Kashmir Hank Limited v. Pardeep Kumar Grover and Anr. and order dated 6th October, 2003 passed by Principal Judge, Srinagar in the revision petition titled as Pardeep Kumar Grover and Anr. v. Jammu & Kashmir Bank Limited, on the grounds taken in the petition.Heard. Perused. Considered.2. Learned Counsel for petitioners argued that the complaint as well as the statements recorded do not disclose the commission of any offence and all the ingredients which are necessary for constituting offence under Section 420, 418 and 406 of RPC are lacking. In terms of the allegations contained in the complaint, the Courts at Srinagar are not having jurisdiction to entertain the complaint. If at all it could be said that complaint discloses ...
Pardeep Kumar Grover and anr. Vs. J. and K. Bank Limited
Court: Jammu and Kashmir
Decided on: Jul-25-2006
Reported in: 2007CriLJ1035
ORDERMansoor Ahmad Mir, J.1. Petitioners have invoked the jurisdiction of this Court in terms of Section 561-A, Criminal Procedure Code for quashing the orders dated 12th June, 2002 passed by learned Chief Judicial Magistrate, Srinagar, in the complaint titled as Jammu and Kashmir Bank Limited v. Pardeep Kumar Grover and Anr. and order dated 6th October, 2003 passed by Principal Sessions Judge, Srinagar in the revision petition titled as Pardeep Kumar Grover and Anr. v. Jammu and Kashmir Bank Limited, 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; and3) to otherwise to secure the ends of justice.4. While e...
Ravinder Sharma Vs. J. and K. Bank Ltd. and ors.
Court: Jammu and Kashmir
Decided on: Jul-25-2006
Reported in: 2007CriLJ2099
ORDERMansoor Ahmad Mir, J.1. Petitioners have invoked the jurisdiction of this Court in terms of Section 561-A Criminal Procedure Code for quashing the order dated 11th May, 2002 passed by learned Chief Judicial Magistrate, Srinagar, in the complaint titled as Jammu and Kashmir Bank Limited v. Virender Kumar Nayar and Ors. and order dated 6th October, 2003 passed by Principal Sessions Judge, Srinagar in the revision petition titled as Ravinder Sharma v. Jammu and Kashmir Bank Limited and Ors. on the grounds taken in the petition.2. Heard. Perused. Considered.3. Learned Counsel for petitioner argued that the complaint as well as the statements recorded do not disclose the commission of any offence and all the ingredients which are necessary for constituting offence under Sections 420, 418 and 406 of R.P.C. are lacking. In terms of the allegations contained in the complaint, the Courts at Srinagar are not having jurisdiction to entertain the cornplaint. If at all it could be said that co...
Sher Singh Vs. State of J. and K.
Court: Jammu and Kashmir
Decided on: Jul-20-2006
Reported in: 2007CriLJ513
J.P. Singh, J.1. Convicted under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPSA for short) for possession of 14.140 Kgs. of Heroin Powder and sentenced to ten years' rigorous imprisonment and a fine of rupees one lac, Sher Singh alias Shera has appealed to this Court seeking setting aside his conviction and sentence recorded by learned Principal Sessions Judge, Jammu, hereinafter to be referred as the 'Trial Court'.Prosecution Case2. Prosecution case, in brief, is that an ambush was laid on 11-1-1996 by Station House Officer, Police Station Domana, at Keran Ban Talab, in view of an information that some persons would be carrying Heroin to Jammu via Keran Bantalab. At about 5 a.m. three persons with bags on their shoulders were asked to hall at the barrier. Two persons taking advantage of the darkness succeeded in giving a slip to the police, whereas appellant was apprehended along with his bag, which on search was found to contain fifteen packets of Heroi...
Sunil Somnath Ghumare Vs. Fil Industries and anr.
Court: Jammu and Kashmir
Decided on: Jul-12-2006
Reported in: 2007CriLJ2856,2007(1)JKJ122
Mansoor Ahmad Mir, J.1. Petitioner has invoked the jurisdiction of this Court in terms of Section 561-A of Criminal Procedure Code for quashing the, proceedings drawn in complaint titled FIL Industries Limited v. Vasundhra Seeds and Anr. under Section 138 of Negotiable Instrument Act, by Judicial Magistrate Ist Class (Sub-Registrar), Srinagar, and, orders dated 14th October, 2004 and 5th Feb., 2005, passed in the said complaint, on the grounds taken in the petition, which can be aptly and precisely summarized as under:2. That the trial court i.e. Judicial Magistrate Ist Class (Sub-Registrar), Srinagar, is not having territorial jurisdiction to try the case.The cause of action has not accrued in terms of Section 138 of the Negotiable Instrument Act, at Srinagar.Petitioner (alleged accused No. 2) is neither proprietor of the firm nor responsible for conduct of the business of the firm in any way.Heard.3. It is alleged in the complaint that accused issued cheque for an amount of Rs. 3,45,...
Ghulam Nabi Naikoo Vs. Abdul Rehman Bhat and ors.
Court: Jammu and Kashmir
Decided on: Jul-12-2006
Reported in: AIR2007J& K32
Mansoor Ahmad Mir, J.1. This appeal is directed against the judgment dated 21st May, 2003, hereinafter referred to as impugned judgment passed by learned Principal District Judge, Anantnag, whereby and whereunder, two petitions titled as Abdul Rehman Bhat v. Mst. Saja and Ors. dale of Institution 11th October, 2000 and Ghulam-Nabi Naikoo v. Mohammad Sidiq Naikoo, date of institution 31st October, 2000, for grant of succession certificate came to be decided.Factual Backdrop of the Case.It appears that Mst. Fazi, w/o Ghulam Nabi Naikoo, appellant herein, died on 8-9-2000 at village Bhan, Tehsil Kulgam. Appellant Ghulam Nabi Naikoo presented an application for issuance of succession certificate in favour of the petitioner and alleged adopted daughters, namely, Rukhasana Anjum and Shazia Jan, before the Court, of Sub-Judge, Kulgam.2. Abdul Rehman Bhat, respondent No. 1, also filed an application for issuance of succession certificate before the Court of Pr. District Judge, Anantnag. Ghulam...
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