Jammu and Kashmir Court December 2007 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Bikru Ram and anr. Vs. State and ors.
Court: Jammu and Kashmir
Decided on: Dec-31-2007
Reported in: 2008(1)JKJ506
J.P. Singh, J.1. Mr. Bikru Ram, an octogenarian, and Mrs. Taro Devi, a Septuagenarian, have approached this Court for their release on bail in F.I.R No. 58/2007, registered at Police Station Gharota under Sections 302/498A/109 R.P.C., alleging their false implication as alleged abettors of the murder of Sharda Devi, their daughter-in-law, by their son Kalu Ram.2. Projecting their innocence, besides old age and sickness, their learned Counsel seeks their bail urging additionally that there is no evidence which may indicate the involvement of the petitioners for the commission of offence punishable under Section 109 read with Section 302 of Ranbir Penal Code.3. State opposes their release saying that in view of the dying declaration of Sharda Devi, to the effect that Kalu Ram had poured petrol on her and set her ablaze, at the instance of the petitioners, makes them guilty of offence punishable under Section 109 read with Section 302 RPC.4. Records of learned 1st Additional Sessions Judg...
Union of India (Uoi) Vs. Ravinder Kumar
Court: Jammu and Kashmir
Decided on: Dec-31-2007
Reported in: 2008(1)JKJ579
Y.P. Nargotra, J.1. This Letters Patent Appeal is directed against the order dated 17-2-2006 passed in SWP No. 190/2003 whereby the respondent has been held entitled to disability pension and consequently respondents have been directed to release the same in his favour.2. Facts which are not in dispute are that the respondent was enrolled in the Army on 14th March, 1998 and after basic military training was posted as Rifleman (Sepoy) in 18 JAK Rifles w.e.f. 25th Dec 1998. On being placed in low medical category CEE (Permanent) for two years and on account of solitary Generalized Tonic Colonic Seizure disease for two years with 20% disability, was invalided out of service. The opinion of the Release Medical Board in regard to the disability of the respondent was that it is:(a) Neither attributable to nor aggravated by military service. Condition could be genetic/familial in origin;(b) Not connected with service;(c) And same was assessed at 20% for two years.3. Admittedly no note of the ...
Gulshad Ahmad Vs. State of J and K and ors.
Court: Jammu and Kashmir
Decided on: Dec-31-2007
Reported in: 2008(1)JKJ503
J.P. Singh, J.1. Gulshad Ahmad Bhagwan detained under Section 8 of the Jammu and Kashmir Public Safety Act, 1978 by District Magistrate, Kupwara vide his Order No. 33 DMK/PSA of 2006 dated 23.10.2006 has filed this petition through his father Ghulam Ali seeking quashing of the detention order, setting him to liberty and for paying him compensation for his illegal detention.2. Mrs. Surinder Kour, learned Counsel for the petitioner, submits that the detents had not been supplied the material which the District Magistrate had relied upon while directing his detention In preventive custody. This omission, according to the learned Counsel, violates Section 13 of the Jammu and Kashmir Public Safety Act, 1978, rendering petitioner's detention illegal besides being unconstitutional. She says that despite dtentes being in. police custody in F.I.R No. 55/2006 registered under Section 7/25 Arms Act at Police Station Sogam, the Districts Magistrate had procedure to issue the detention order withou...
Shamas DIn Vs. State and ors.
Court: Jammu and Kashmir
Decided on: Dec-31-2007
Reported in: 2008(2)JKJ176
Hakim Imtiyaz Hussain, J.1. The dispute between the parties is on land measuring 19 kanals and 16 marlas of land falling in Khasra No. 21 min village Rount, Tehsil and District Udhampur. The land is state land. The petitioners allege that the land along with adjacent land was owned by the villagers of Gangera, Tehsil and District Udhampur, but the Maharaja declared it as Rakh.2. After independence the Government wise cabinet Order No. 751-C of 1950 dated 6.7.1950 ordered that the land (i.e. land in Rakh Rount, Kantli, Sanshu, Badali, Jaganoo and Jhanoa which were private land but declared Rakhs and for which no compensation was paid to the owners) should be restored. Out of the land which became thus available, land measuring 40 kanals 10 marlas under Survey No. 15, 16 and 21 (Plot No. 1) was allotted in favour of the nine families headed by one Salah Mohd, uncle of the petitioner. After the land was given to these families 7 kanals and 13 marlas were retained by said Salah Mohd while ...
Jamia Auqaf Committee Vs. Sho and anr.
Court: Jammu and Kashmir
Decided on: Dec-31-2007
Reported in: 2008(2)JKJ258
M. Yaqoob Mir, J.1. Maintainability of the petition is questioned by the counsel for the respondents in view of the bar contained in Section 435(3) of Cr.P.C. In support of his contention reliance has been placed on : 1977CriLJ1891 , : 1993CriLJ1049 . Controverting the submission of learned Counsel for petitioner has relied on judgment reported in : 2006CriLJ2468 , : 1997CriLJ1519 .2. Considered the rival submissions.3. Basically, proceedings initiated in terms of Section 145 Cr.P.C. by the Judicial Magistrate, 1st Class, Kangan, culminated in passing the order dated 04.09.2006 by virtue thereof, Gh. Mohd. Sheikh respondent No. 2 herein has been held entitled to hold possession of the property in dispute covered under Survey No. 427 i.e. land measuring one kanal and one marla situated at Main Bazar, Kangan. Aggrieved thereof, revision petition filed, has been disposed of by 3rd Additional Sessions Judge, Srinagar vide order dated 26.12.2006. Order of the Magistrate has been upheld. Agg...
Union of India (Uoi) Vs. Angrez Singh
Court: Jammu and Kashmir
Decided on: Dec-31-2007
Reported in: 2008(1)JKJ591
Y.P. Nargotra, J.1. This Letters Patent Appeal is directed against the order dated 05-08-2005 passed in SWP No. 2543/2002 whereby the respondent has been held entitled to disability pension and consequently respondents have been directed to release the same in his favour.2. Facts which are not in dispute are that the respondent was enrolled in the Indian Army on 28th June, 1984 and alter basic military training, he was posted at different places and stood transferred from Suratgarh to Jalandhar for temporary duty in the beginning of year 1991. While on temporary duty he became seriously ill and was admitted to Military Hospital, Jalandhar, where he remained admitted for one month and then referred to Army Hospital, Delhi. After receiving the medical treatment, the respondent was examined by the Medical Board and was placed in 'CCC' (permanent) category, due to the disease 'HORSE SHOE KIDNEY WITH SOLITARY RENAL CALCILUS (LT) with which he was declared to be suffering. On being placed in...
J and K State Board of School Education Vs. Muhammad Altaf Dar and anr ...
Court: Jammu and Kashmir
Decided on: Dec-31-2007
Reported in: 2008(1)JKJ530
M. Yaqoob Mir, J.1. Aggrieved by order dated 08.11.2007 passed by 3rd Additional District Judge, Srinagar, instant appeal has been preferred.2. Shorn of details, precisely factual matrix of the case is that the respondents working as Senior Assistant posted respectively as Storekeeper, Forms KD and General KD of the appellant department have been transferred along with other employees vide order No. 741-B of 2007 dated 22.10.2007 to Branch Office, Shopian and Sub Office Baramulla. After gap of two days, one more transfer order bearing No. 761-B of 2007 dated 25.10.2007 came to be issued 'By order' under the signature of Deputy Secretary, Administration Central. Pursuant to the said order, respondents have been transferred respectively to Branch-office, Reasi and Sub-office Doda. Both challenged the legality of the order dated 25.10.2007by filing a suit for declaration and injunction. Alongside suit, application for ad-interim relief seem to havebeen filed. Learned trial court vide orde...
Mohd. Yaqoob Vs. State of J and K and ors.
Court: Jammu and Kashmir
Decided on: Dec-31-2007
Reported in: 2008(2)JKJ255
J.P. Singh, J.1. Petitioner has questioned District Magistrate Jammu's Order No. 15/PSA of 2006 dated 06.09.2006, detaining him in preventive custody under Section 8 of the Jammu and Kashmir Public Safety Act raising various grounds in support thereof.2. Learned Counsel appearing for the petitioner submits that petitioner's detention is liable to be quashed on the short ground that the material relied upon by the District Magistrate had not been supplied to the detenu thereby depriving him of his right to make an effective representation against his detention.3. Records produced by Mr. Salathia, learned State Counsel reveal that the police dossier and the copy of F.I.R. No. 87/2006 registered under Section 120B/121/122/216/212, registered at Police Station, Jajjar Kotli, which had been relied upon by the District Magistrate while issuing the detention order, had not been supplied to the detenu, who according to the records had been supplied only two leaves which were the grounds of det...
Dogra Distilleries Vs. State of J and K and ors.
Court: Jammu and Kashmir
Decided on: Dec-31-2007
Reported in: 2008(2)JKJ511
J.P. Singh, J.1. Audit check indicating short payment of excise duty by M/s Dogra Distilleries during 1989 to 1994, resulted in issuance of a demand for Rs. 57,33,603.05 on M/S Dogra Distilleries, the petitioner, who, after objecting it before the Excise authorities, had come to this Court in OWP No. 893/1995 questioning the demand issued by the Excise Commissioner. This Court while disposing of the writ petition, had directed the respondents to review their demand.2. Acting on the instructions conveyed vide Excise Commissioner No. 68/Ex. Of 2000 dated 1.2.2000, Deputy Excise Commissioner (Distilleries) Jammu, issued a fresh demand vide his No. DECDJ/9679-81 dated 29.3.2000 on the petitioner for payment of excise duty of Rs. 12,07,500/- along with penal interest. The petitioner has filed this writ petition seeking quashing of Deputy Excise Commissioner (Distilleries) Jammu's demand notice as also Rule 38 of the Jammu and Kashmir Distillery Rules on the basis whereof the demand is state...
Mayawati Vs. State and ors.
Court: Jammu and Kashmir
Decided on: Dec-27-2007
Reported in: 2008(1)JKJ613
J.P. Singh, J.1. Petitioner, an aged lady of more than 70 years, had been putting up with her family in Kashmir Valley when militants struck in a, Village nearby, Tailwani by name, killing and injuring the members of the minority community. A large number of persons belonging to the minority community, therefore, migrated out of the Valley. Two major sons of the petitioner along with their off-springs too joined the minority community in search of a safer place, but leaving the petitioner unattendsd in the Valley. Compelled by the circumstances, the petitioner stayed back in the Valley with the majority community, but only for a short time where after she shifted from Akura to Mattan and remained there all alone till January, 2002, when again remaining members of minority community in Kashmir Valley became insecure because of terrorists strike in Village Hugam. This time she too had to run for safety to Jammu where she was registered as a provisional single soul migrant. She continued ...
- ‹ Prev
- 2
- 3
- 4
- Next ›
- Last »