Jammu and Kashmir Court January 2007 Judgments
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State Vs. Ashok Kumar and ors.
Court: Jammu and Kashmir
Decided on: Jan-31-2007
Reported in: 2007CriLJ4731,2007(2)JKJ1
J.P. Singh, J.1. These seven references have been made by Learned Sessions Judge, Udhampur with the recommendation that Orders passed by Learned Judicial Magistrate, 1st Class, Chenani in File Nos. 12/Challan, 61 /Challan, 70/Challan, 45/challan, 69/Challan, 141/Challan and 48/Challan committing these cases to the Sessions Judge be set aside because the orders, according to the Learned Sessions Judge were contrary to what had been held by Hon'ble Supreme Court of India in State of Tamil Nadu v. Parmasiva Pandian reported as 2001 Cr.L.J. 4772.2. Relying on Paramsiva Pandians case (supra) Learned Sessions Judge has held that with the lapse of two ordinances issued under the Essential Commodities (Special Provisions) Act, the Special Judges had ceased to o perate and the cases under the Essential Commodities Act were triable, as before, by a Magistrate rather than the Special Judge.3. I have examined the judgment of Hon'ble Supreme Court of India and the recommendations made by Learned Se...
Rifat Yasmeen Vs. State and ors.
Court: Jammu and Kashmir
Decided on: Jan-30-2007
Reported in: 2008(2)JKJ299
Mansoor Ahmad Mir, J.1. Petitioner as Junior Assistant applied for grant of earned leave for a period of 60 days with effect from 11th December, 2000-came to be granted vide order No. 285 HE of 2000 dated 07.12.2000-annexure-D with a condition that petitioner will not extend her leave beyond the said period. Thereafter, it appears that she in terms of annexures-D1, D2, G, G1, G2, G3, G4,G5 and G6 applied for extension of leave as alleged but there is nothing on the file suggesting the fact that said applications/communications were received by the official respondents.2. It appears that respondent-General Administration Department vide order No. GAD (Estt)APR/J.A. dated 06.02.2002-annexure-D3 asked Principal Secretary/Commissioner Secretary to Government, Higher Education Department to furnish APR's of the petitioner for considering her promotion as Senior Assistant under rules. APR's came to be submitted in terms of annexures forming page Nos. 16, 17 and 18 to the writ petition. Petit...
Santosh Arora Vs. State and ors.
Court: Jammu and Kashmir
Decided on: Jan-17-2007
Reported in: 2007CriLJ3463,2007(2)JKJ41
J.P. Singh, J.1. This petition under Section 561A of the Code of Criminal Procedure, Svt. 1989 seeks quashing of F.I.R No. 16/2000 registered with Police Station, Pacca Danga, Jammu, and Order dated 03-06-04 of learned Chief Judicial Magistrate, Jammu.2. The petition arises in the back-drop of few write-ups, published by an English daily STATE TIMES in its publications of 21st, 24th & 27th of November, 1999 under the caption 'CAN ANYONE NURSE THIS SICK SYSTEM BACK TO HEALTH? WHY DO MINISTERS, BUREAUCRATS, WIPS LOOBY FOR STALLING PROBE INTO SEXUAL EXPLOITATION OF NURSES? AND 'GOVERNMENT ATTEMPTS TO DEFEND AMT PRINCIPAL, KEEPS SILENT ON STUDENTS INTERESTS' which resulted in an attack at about 11.30a.rn on 29th of April, 1999 by about 40/50 students undergoing training in A.M.T. School, Jammu, at the office premises of the english daily, 'STATE TIMES'. This procession of students had been reportedly taken out at the instigation of Professor Vikram Singh and Mrs. Santosh Arora, the Princip...
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