Jammu and Kashmir Court March 2007 Judgments
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indumeet Singh Vs. State of J and K and ors.
Court: Jammu and Kashmir
Decided on: Mar-29-2007
Reported in: 2007(2)JKJ203
1. Petitioner has called in question Order No. 447 of 2006 dated 28-06-2006 contained in annexure-A to the writ petition, passed by the Secretary, J&K; State Sports Council (hereinafter to be referred to as the Council), on the grounds taken therein. Respondents have filed reply and resisted the petition.2. During pendency of the writ petition, this Court vide order dated 03-02-2007 restrained Ravinder Gupta, present Secretary from operating upon the funds of the Council.3. Learned Counsel for the petitioner argued that the Secretary of the Council namely Mr. Manoj Pant (IFS), the then Director of the Council, was a member of the Council and was also nominated Secretary of the Council. He continues to be the Secretary even through he has been transferred. Thus respondent No. 3 - Vice President was not competent to pass the impugned order and empower Shri Ravinder Gupta, present Director of the Council to hold the charge of the office of Secretary of the Council. In the alternative he a...
Bilal Ahmad Mir Vs. State of J and K and ors.
Court: Jammu and Kashmir
Decided on: Mar-29-2007
Reported in: 2007(2)JKJ325
Mansoor Ahmad Mir, J.1. Bilal Ahmad Mir son of the detenue, namely, Naba Mir S/O Qadir Mir R/O Reshnagri, Tehsil Shopian District Pulwama, has invoked the jurisdiction of this Court for quashing the detention order bearing No. 06/DMP/PSA/05 of 2005 dated 15th April, 2005 passed by District Magistrate, Pulwama, whereby and whereunder the detenue came to be detained in detention on the grounds taken in the writ petition.Respondents have filed reply.2. Heard. Perused. Considered.While going through the records, it appears that detention order came to be passed on 15th April, 2005 and executed on 19th October, 2006. Thus, on the face of it, delay has crept in execution of the detention order. It is not the case of the respondents that detenue was evading arrest. Neither the respondents have tendered any explanation in counter. Learned Counsel for respondents frankly conceded that delay has crept in execution of the detention order.3. Respondents have failed to establish that there was live...
Mohammad Hashim Qureshi Vs. State of J and K and ors.
Court: Jammu and Kashmir
Decided on: Mar-29-2007
Reported in: 2007(3)JKJ94
Mansoor Ahmad Mir, J.1. Petitioner has filed this petition under Section 561-A Cr.P.C. 1989 (1933 A.D), (for short code) for quashing of order dated 26.12.2002 passed by Special Judge (Sessions Judge), Srinagar incase FIR No. 1.5/1971, Police Station Saddar, Srinagar, under Sections 365, 392, 435 and 120B RFC and Section 3 of the Enemy Agents Ordinance Act, 2005 (1948 A.D), (hereinafter to be referred to as the Ordinance) on the grounds taken in the petition, which is on the board for the last four years.2. Mr. Rathore, AAG, learned Counsel for the respondents raised a preliminary objection that the petition is not maintainable in view of the bar contained in the Ordinance. He further argued that the Ordinance provides how to conduct trial and before whom orders passed by the Special Judge can be questioned. In support of his submissions, he referred to the provisions of Section 3, 4, 7, 8, 9 and 14 of the Ordinance.3. While rebutting the arguments of Mr. Rathore, Mr. Jan argued that t...
Paramjeet Kour Vs. J and K State Financial Corporation
Court: Jammu and Kashmir
Decided on: Mar-22-2007
Reported in: 2007(2)JKJ97
Y.P. Nargotra, J.1. The respondent/complainant J&K; State Financial Corporation has filed a complaint for commission of offence under Section 138 of the Negotiable Instruments Act against the petitioner/accused before the Court of learned City Judge, Judicial Magistrate 1st Class, Jammu on the allegations that the petitioner/accused had set up an Industrial Unit at Kaluchak, Jammu after having been financed by the complainant/Corporation. The accused / petitioner was to re-pay the installments due to the complainant corporation and in regard thereto issued a cheque No. 675977 dated 7-12-2002 for an amount of Rs. 80,000/- in favour of the complainant/State Financial Corporation. The complainant deposited the said cheque drawn on the Citizens Cooperative Bank Ltd, Gangyal, Jammu on 9-12-2002 through its Banker, the Jammu & Kashmir Bank Ltd. The cheque was dishonoured and returned with a memo to the complainant/Corporation. The complainant issued a notice dated 22-12-2002 by registered po...
S. Janak Singh Vs. Pritpal Singh
Court: Jammu and Kashmir
Decided on: Mar-22-2007
Reported in: 2007(2)JKJ91
Y.P. Nargotra, J.1. The petitioner/accused allegedly issued a cheque dated 13-9-02 for an amount of Rs 1,25,000/- in favour of the respondent/complainant. Respondent/complainant presented the cheque before the Bank for encashment, but the same was dis-honoured by the Banker on 4-10-2002 on the ground that account stood already closed since 8-7-2000.2. After the bouncing of the cheque respondent/complainant issued a notice through his counsel dated 26-10-2002 for calling upon the petitioner/accused to refund the amount of the cheque alongwith interest within 15 days from the date of the receipt of notice.3. Notice was sent to the petitioner/accused under registered cover which after being delivered to the accused/petitioner on 02-11-02, the acknowledgement thereof was received by the respondent/complainant. When the petitioner/accused did not make the payment of the amount of the cheque to the respondent/complainant despite of his having received the notice, respondent/complainant filed...
Oriental Insurance Co. Ltd. and ors. Vs. Dhanwanti Devi and ors.
Court: Jammu and Kashmir
Decided on: Mar-22-2007
Reported in: 2007(2)JKJ419
J.P. Singh, J.1. Common questions of law and fact arise for consideration in these appeals arising out of award dated 23rd of December, 2005 of Motor Accidents Claims Tribunal, Jammu allowing Claim Petitions in File Nos. 260/Claim, 261/Claim, 259/Claim, 361/Claim, 37/Claim, 207/Claim and 239/Claim. These appeals, taken up for joint consideration with the consent of learned Counsel for the parties, are being disposed of by this judgment.Facts giving rise to the filing of these appeals may be stated thus:Bus No. JK02D-7077 was on its way from Jammu to Banihal on 16-06-2000 when at about 4.45a.m, it met with an accident near Nandni National Highway because of the rash and negligent driving of the Bus by one Muzaffar Hussain, its driver.M/s Laleshwar Sardar, Maqbool Ansari, Jamal Ansari, Malok Masih, Ram Chand & Balwant Masih died in the accident whereas Harjinder Singh received injuries on his head and leg.Claim Petition No. 260 was preferred by Dhanwanti Devi, the widow, Master Santosh K...
J and K Bank Ltd. and ors. Vs. Amar Poultry Farm
Court: Jammu and Kashmir
Decided on: Mar-22-2007
Reported in: 2007(2)JKJ153
Y.P. Nargotra, J.1. The common but important question of law arising for consideration in these revision petitions isWhat is the period of limitation for filing an application seeking enforcement of the decree of a civil Court and for that matter whether the successive independent application(s) for execution of the decree of the Civil Court are permissible and if permissible what is the period of limitation for such execution application?2. Answer to the above question has to be found from the provisions made in Sections 48 of the Jammu and Kashmir Code of Civil Procedure, 1977 and Article 182 of the Jammu and Kashmir Limitation Act. It shall, therefore, be apt to take notice of the above provisions. Section 48 C.P.C. reads:48. Execution barred in certain cases--(1) Where an application to execute a decree not being a decree granting an injunction has been made, no order for the execution of the same decree shall be made upon any fresh application presented after the expiration of twe...
New India Assurance Co. Ltd. Vs. Girja Devi and ors.
Court: Jammu and Kashmir
Decided on: Mar-22-2007
Reported in: 2007(2)JKJ395
J.P. Singh, J.1. The New India Assurance Co. Ltd. Challenges Motor Accidents Claims Tribunal Jammu's award dated 10th of May 2003 awarding an amount of Rs. 10,78,780/- to the dependents of Sepoy Radhe Shyam Yadav who while serving the Indian Army in one of its units at Samba was driving his scooter No. CH01B-0436 on 5-12-1999 when a Maruti Car No. Pb-10/0715 hit his scooter at about 9.30 a.m. landing him in coma till his ultimate death at Command Hospital Lucknow.2. Facts giving rise to this appeal filed under Section 173 of the Motor Vehicles Act 1988 may be stated thus:3. Radhe Shyam Yadav was serving as a Sepoy with 329 Field Ambulance at Samba. He was driving his Scooter No. CH01B-0436 on 5-12-1999. It was at a place near Maheshwar, Samba that a Maruti Car No. PB-10/0715 coming from opposite direction, hit his scooter. The driver of the offending car was driving the vehicle in a rash and negligent manner. The rash and negligent driving of the offending car resulted in accident and ...
Ajay Kumar Vs. Darshana Devi
Court: Jammu and Kashmir
Decided on: Mar-22-2007
Reported in: AIR2007J& K66,2007(2)JKJ373
J.P. Singh, J.1. Plaintiff-Ajay Kumar invoke's this count's Civil Revisional Jurisdiction to set-aside Munsiff R. S. Pura's order dated 28-04-2003 framing three additional issues when the plaintiff had completed his evidence and the defendant was in process of leading his evidence.2. Mr. P. N. Bhat, appearing for the revisionist questions the impugned order saying that the Munsiff had erred in framing fresh issues which neither arose out of the pleadings of the parties nor were these suggested by the parties to the suit. The issues, on the other hand, had been framed on what had emerged from the statement of Ram Lal, - the guardian of the defendant, when, while appearing as a witness in the case he was under cross-examination by the Court.3. I have considered the submission of Mr. Bhat and gone through the records of the trial court.4. Perusal of the trial court records unfolds a pathetic scenario. A civil suit seeking declaration that judgment and decree dated 28-08-1987 of Munsiff R....
Kapil Sharma Vs. State of J. and K. and ors.
Court: Jammu and Kashmir
Decided on: Mar-16-2007
Reported in: AIR2007J& K44,2007(2)JKJ303
ORDERMansoor Ahmad Mir, J.1. The grievance projected in this writ petition is that the petitioner applied before respondents and, accordingly, appeared in J & K Combined Competitive Examination, 2005 (Preliminary). After he was declared successful, he also filed the Application Form for appearing in J & K Combined Competitive Examination, Main, and declared successful. Respondents have cancelled his candidature on the ground that he was not eligible to appear in the Examinations, both Preliminary and Main, of the J & K Combined Competitive Examination, on the ground that he was not possessing required eligibility academic qualification. Feeling aggrieved, the petitioner filed this writ petition and has sought indulgence of this Court for quashing Order No. 1 -PSC of 2007 dated 23rd of January, 2007 Annexure-K and issuing a command to the respondents to allow the petitioner to participate in viva-voce-interview commencing from 12th of March, 2007 of the said Examination. Along side the ...
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