Jammu and Kashmir Court February 2007 Judgments
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Mohammad HussaIn Dar Vs. State and ors.
Court: Jammu and Kashmir
Decided on: Feb-26-2007
Reported in: 2007(2)JKJ231
J.P. Singh, J.1. Aggrieved by his detention ordered vide District Magistrate Anantnag's order No. Det/PS A/06/213 dated 13-2-2006, Mohammad Hussain Dar has filed this petition through Abdul Rehman Dar, his father, to seek quashing of the detention order besides seeking compensation of Rs. 20.00 lacs. The detenue is stated to be a permanent employee of the Jammu and Kashmir Bank Ltd working as a peon at its Kokernag branch. He was arrested by Security Forces in FIR No. 11/06 registered under Section 7/25 Arms Act. He was released on bail by the competent court of jurisdiction where after he continued appearing in the trial court. He is reported to have attended the trial before the criminal court on 22-03-2006, 04-04-2006 and 15-05-2006. He, later, as desired by SHO Police Station Kokernag reported to him from where he is alleged to have been shifted to Central Jail Kot Balwal Jammu in execution of Order No. Det/PS A/06/213 dated 13-02-2006. The detenue questions his detention interalia...
Abbas Khan and ors. Vs. Mohd. Farooq Matta
Court: Jammu and Kashmir
Decided on: Feb-26-2007
Reported in: 2007(2)JKJ238
Bashir A. Kirmani, J.1. Through this petition, the petitioners impugn trial Magistrate's order dated 11.12.2006, whereunder while taking cognizance of criminal complaint against them Under Section 420 read with 506 RPC, he directed issuance of process. Ground pleaded is that allegations leveled by respondent against petitioners even if assumed to be correct reveal a civil cause which could not be taken cognizance on criminal side.2. During course of submissions while reiterating contents of petition the petitioners counsel has also contended that in given circumstances the learned Magistrate could not have taken cognizance on criminal side, particularly because the offence of cheating and intimidation were on the face of complainant itself alleged to have been committed beyond his jurisdiction. In reply the counsel for otherside has defended the impugned order and while maintaining that the alleged offence certainly completed within jurisdiction of trial Magistrate with delivery of mac...
Haseena Yaseen Vs. State and ors.
Court: Jammu and Kashmir
Decided on: Feb-26-2007
Reported in: 2007(2)JKJ218
J.P. Singh, J.1. Haseena Yaseen has filed this writ petition to seek injunctive writ against Mohd Yaseen Kanroo, her husband to refrain from interfering in her possession over 10 Marias and 205 sfts. of land comprised in Survey No. 23-min Khalsa Sarkar and a two storied house situated at Narsing Garh, Balgarden Srinagar, stated to have been purchased by her for an amount of Rs. 13,11,225/- from a migrant after obtaining permission from Divisional Commissioner, Kashmir, under the Jammu and Kashmir Migrants Immovable Property (Preservation, Protection and Restraint on Distress Sales) Act, 1997 And against the official respondents not to initiate any action to withdraw the permission granted to her for the purchase of the house without following the procedure prescribed by law.2. Appearing for the petitioner Mr. S.A. Qadri, Learned Advocate for the petitioner submits that after obtaining permission from Divisional Commissioner, Srinagar under the Jammu and Kashmir Migrants Immovable Prope...
Union of India (Uoi) and ors. Vs. Ex-sepoy No. 9081152, Joginder Lal
Court: Jammu and Kashmir
Decided on: Feb-23-2007
Reported in: 2007(3)JKJ242
J.P. Singh, J.1. Union of India and its functionaries have filed this Original Side Appeal against judgment dated 30th of March, 2001 of a learned Single Judge of this Court allowing respondent, Joginder Lal's O.W.P. No. 860/98 and holding him entitled to pension and its arrears along with interest @ 9% P.A and to interest @ 16% P.A in case the pension was not paid within a period of three months.2. Facts necessary for the disposal of this appeal may be stated thus:The Respondent, No. 9081152M, Ex-Sepoy, Joginder Lal was initially enrolled in Jammu and Kashmir Militia on 5th of October, 1974. Jammu and Kashmir Militia was thereafter re-designated as Jammu and Kashmir Light Infantry with effect from 27th of April, 1976 vide Government of India, Ministry of Defence, New Delhi letter No. 4(3)/75/776-C/D (GS-1) dated 27th of April, 1976. He was discharged from Jammu and Kashmir Light Infantry. Service on 20th of August, 1979. The Discharge Certificate of the respondent carries the endorsem...
Tariq Ahmad Mir and ors. Vs. State of J and K and ors.
Court: Jammu and Kashmir
Decided on: Feb-14-2007
Reported in: 2007(2)JKJ216
Mansoor Ahmad Mir, J.1. It is averred in the writ petition that petitioners 1 to 4 and 6 to 8 came to be appointed as Casual Labourers in the year 1991 and petitioner No. 5 came to be engaged as daily wager in the year 1989 and were performing duties as Accountant-cum-Storekeepers. It is further case of the petitioners that the petitioner No. 5 was being paid wages as daily wagers while as respondents 1 to 4 and 6 to 8 were performing their job with out any remuneration. It is also submitted that the petitioners worked against the post of Assistant Craftsman and Accountant-cum-Storekeepers and they prayed that their services be regularized.2. Respondents have resisted the petition on the ground that the engagement of the petitioners was honorary and is no engagement in the eye of law. The post of Craftsman and Accountant-cum-Storekeeper are to be filled by direct recruitment by selection process and can not be filled by any other method, de hors the rules.3. It appears that the petitio...
Mohammad HussaIn Vs. State of J and K and ors.
Court: Jammu and Kashmir
Decided on: Feb-14-2007
Reported in: 2007(2)JKJ240
Mansoor Ahmad Mir, J.1. The petitioner was appointed as constable in the respondent-Department. He came to be absorbed in the Photography cadre vide PHQ order No. 65/1991 dated 31-1-1991. In terms of order No. 32 of 1991 dated 12-3-1991, petitioner was adjusted in District Photo Section Kargil. He stood relieved by S.P. Kargil on 17-3-1992, i.e. after a gape of more than one year and joined in the Photo Section Kargil. He along with other constables was promoted as SGC by DIGP, Kashmir w.e.f. 1-1-1992 vide order No. 328 of 1992 dated 25-5-1992. His promotion order was subsequently cancelled by the DIG Kashmir vide order No. 9/1994 dated 6-1-1994. Feeling aggrieved of the order dated 6-1-1994, petitioner submitted an application requesting therein that he may be deemed to have been promoted as SGC in the Photography cadre. His case was recommended by SP Crimes to IGP Crime/Railway and Modernization, J&K; Srinagar, with the request that the petitioner be deemed to have been inducted in P...
Bhavna Koul, Dr. Vs. State of J and K and ors.
Court: Jammu and Kashmir
Decided on: Feb-13-2007
Reported in: 2007(2)JKJ4
Nirmal Singh, J.The brief facts be noticed as under:1. Petitioner was appointed as Lecturer in Government Medical College, Jammu, vide Government Order No. 813 dt. 10th of Nov. 2000. Respondent No. 4 was also appointed as Lecturer in the Discipline of Pedodonitia in Government Dental College, Srinagar, vide Government Order No. 558-HME/95 dated 4th of Dec 95. The said respondent filed a writ petition bearing SWP No. 1518/95, seeking a direction to respondent-State therein to allow him to join his duties at Jammu, as he is unable to join at Srinagar due to militancy. Direction was also sought not to cancel the appointment of said respondent. This court vide interim order directed the respondent State therein to not to cancel the appointment of respondent No. 4 (petitioner in the above writ petition). The said order was later on modified and the State was directed to allow the petitioner to join against an appropriate post in Jammu province. Respondent No. 4 thereafter was adjusted as Le...
Bishan Dass Vs. State and ors.
Court: Jammu and Kashmir
Decided on: Feb-09-2007
Reported in: 2007(2)JKJ321
Nirmal Singh, J.1. The facts are as under:Vide Government Order No. 396/Edu of 2000 dt. 28th of April 2000, sanction was accorded to launch the Scheme of Rehbar-e-Taleem (here-in-after called the Scheme) with the following objectives:1. Promoting the decentralized management of elementary education with the community participation and involvement.2. To ensure accountability and responsiveness through a strong back-up and supervision through the community and3. To operationalize effectively the schooling system at the gross root level.2. The said Scheme was to effectuate the provision of services of Teaching Guides in the Primary and Middle Schools to make up the deficiency of the staff as per the existing norms. The said teaching guides were to be designated as Rehbar-e-Taleem teachers and were to ensure the overall development of the personality of children. These teaching guides were to be drawn from the local community for interface and interaction with the community to secure unive...
State of J and K and ors. Vs. Rekha Sharma
Court: Jammu and Kashmir
Decided on: Feb-09-2007
Reported in: 2007(3)JKJ223
B.A. Khan, C.J.1. This Appeal is directed against Writ Court judgment dated 8th October, 2001 disposing of a batch of writ petitions raising identical/different questions of fact and law, and finally directing the appellants to recast the criteria for selection to the post of a teacher.2. We have examined the judgment in one allied writ petition, SWP No. 913/01, titled Jyoti Rani versus State of Jammu and Kashmir and have set it aside vide our judgment dated 08-10-01 in LPA NO. 488/2001 J&K; SSRB v. Jyoti Rani and Ors. This case too could have been disposed of following the aforesaid judgment, but for the insistence of learned Counsel for the respondent that the writ Court had not considered all the points which had been raised by the respondent in her writ petition and that the points so raised would require consideration by the Appellate Court.3. We, accordingly, heard learned Counsel for the parties on the issues raised in the writ petition and projected before us by Mrs. Suridner K...
Union of India (Uoi) and ors. Vs. Surjeet Kumar
Court: Jammu and Kashmir
Decided on: Feb-07-2007
Reported in: 2007(2)JKJ388
J.P. Singh, J.1. Union of India and its functionaries have preferred this Original Side Appeal under Clause 12 of Letters Patent against the judgment of a Learned Single Judge of this Court in SWP No. 2022/2000 allowing respondent-Surjeet Kumar's writ petition No. 2022/2000, And while quashing Ministry of Defence's Communication No. 7 (1723)97/D/Pen A & AC dated 17-05-2000, directing the appellants to assess and pay disability pension to the respondent along with its arrears from the date he was invalided back home from Army service, as admissible under rules.2. Facts leading to the filing of this appeal may be stated thus:Respondent-Surjeet Kumar filed SWP No. 2022/2000 saying that appointed as a Rifleman in the Indian Army on 4th of October, 1993, he performed his duties satisfactorily and was awarded a Sainya Seva Medal too. Though found fit by the Board of Doctors at the time to his enrolment, he was boarded out on medical category on 8th of November, 1992. The Chief Controller of ...
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