Jammu and Kashmir Court March 2007 Judgments
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Kash Ind Roller Flour Mills and anr. Vs. Union of India (Uoi) and ors.
Court: Jammu and Kashmir
Decided on: Mar-16-2007
Reported in: AIR2007J& K50,2007(2)JKJ423
Nirmal Singh, J.1. As the issue involved in all the aforementioned petitions is same, therefore, these shall stand admitted and disposed of by this common order.2. Facts for the disposal of these petitions have been taken from OWP No. 771/06.Respondent-Union of India invited sealed tenders vide tender notice dated 14th of May'06, from flour mills registered with MG ASC Headquarters Northern Command for lifting of wheat from FCI depots, grinding into atta, purchase of bran, refraction and used wheat bags, transportation of atta and bran by road transport to nominated Military stations in J&K; and Pathankot from 1st of Aug'06 to 31st of July'07. As per the tender notice, the mills were required to be located in close vicinity of the Nodal depots i.e. RHSD Pathankot, FSD BD Bari, FSD Srinagar and FSD Leh, so that there could be proper supervision of the grinding process. The date of opening of the tender for first call was fixed on 8th of June'06 and for re-tender calls, if any, it was fi...
Surjeet Singh Bali Vs. State of J and K and ors.
Court: Jammu and Kashmir
Decided on: Mar-14-2007
Reported in: 2007(2)JKJ382
Mansoor Ahmad Mir, J.1. This Letters Patent Appeal is directed against the judgment dt.20th of Oct'99, passed by the learned Single Bench of this Court whereby the writ petition filed by the appellant bearing SWP No. 1540/97 came to be dismissed (for short the impugned judgment).2. Appellant appeared in an examination of Jammu & Kashmir Judicial Service, which came to be conducted by respondent No. 4 in terms of notification dt. 14th of May'96. He was not selected which constrained him to challenge the selection of private respondents 5 to 10 on the grounds taken in the writ petition aforementioned. During the pendency of the writ petition, appellant gave up his claim vis--vis private respondents 5,8 to 10 and only contested the selection of private respondents 6 and 7.3. The sole ground which is the bone of contention in this appeal and which was also the bone of contention in the writ petition filed by the appellant is whether respondent No. 4 was within its powers and jurisdiction t...
Pritam Chand and ors. Vs. Prem Singh
Court: Jammu and Kashmir
Decided on: Mar-13-2007
Reported in: 2007CriLJ4118,2007(2)JKJ103
J.P. Singh, J.1. Aggrieved by the proceedings pending in respondents complaint before Learned Sub-Judge, judicial Magistrate, 1st Class, Jammu under Sections 452, 323 and 504 of the Ranbir Penal Code, the petitioners have filed this petition under Section 561-A of the Code of Criminal Procedure seeking quashing of the proceedings besides setting aside of Learned Sessions Judge, Jammus Order dated 20th of March, 2004 whereby he had dismissed petitioners revision seeking quashing of Order dated 24th of December, 2003 of the Judicial Magistrate, 1st Class, Jammu, framing charge against the petitioners.2. Facts giving rise to this petition may be stated thus:Prem Singh, respondent filed a complaint against the petitioners with the allegations that the petitioners, armed with deadly weapons entered the respondents house to know the whereabouts of his son Gurmeet Singh who had allegedly abused Pritam Chand while travelling in a bus. Prem Singhs reply did not satisfy the petitioners who bet t...
Avtar Krishen Koul Vs. Central Bureau of Investigation
Court: Jammu and Kashmir
Decided on: Mar-09-2007
Reported in: 2007CriLJ3450,2008(1)JKJ407
Nirmal Singh, J.1. This appeal is directed against judgment order dated 31st of March 2001, passed by the learned 1st Additional Session Judge, Jammu, vide which the appellant has been convicted and sentenced as under:In the instant case the accused Avtar Krishan has done forgery of valuable security and having done it for the purpose of cheating, he is liable to conviction under Sections 467 and 468, RPC, as he has committed cheating as well so is liable to be punished Under Section 420, RPC. The accused Avtar Krishan Koul accordingly is held guilty of committing offences punishable under Sections 467, 468 r/w Section 471 and Section 420, RPC..Therefore, under Section 467, RPC accused shall undergo rigorous imprisonment of two and half years and a fine of Rs. 5000/- (five thousand). In default of payment of fine he shall further undergo six months simple imprisonment in addition to the above sentence.For offence Under Section 468, RPC the accused is sentenced to two years rigorous imp...
R.S. Gill Vs. State and ors.
Court: Jammu and Kashmir
Decided on: Mar-08-2007
Reported in: 2008CriLJ868,2007(2)JKJ413
Nirmal Singh, J.1. A complaint was received from one Sh V.K. Gupta, S/o Sh Manga Ram Gupta, R/o 17/3, Trikuta Nagar, Jammu by the Dy. Inspector General of Police, Crimes & Railways, Jammu. The complaint was with regard to supply of sub standard timber by the Forest Department. On receipt of the complaint, a preliminary enquiry was initiated and entrusted to the Central Investigation Team Hqrs, C&R;, J&K;, Jammu. A prima facie case was found during the preliminary investigation and on this, an FPR No. 24/2005 came to be registered in Police Station Crime Branch, Jammu, under Sections 420, 467, 468, 471 and 120B RPC, and the investigation was initiated.2. Being not satisfied with the investigation conducted by the Crime Branch, Jammu, the present petitioner who is a Journalist by profession filed this petition in public interest being a matter of public importance with the following substantive prayers:(i) that the Hon'ble court be pleased to monitor the investigation of FIR No. 24/2005 ...
Union of India (Uoi) and ors. Vs. Biro Devi
Court: Jammu and Kashmir
Decided on: Mar-06-2007
Reported in: 2008(1)JKJ302
J.P. Singh, J.1. Biro Devi respondent, the widow of late Ex-sepoy Bhag Singh filed a writ petition in this Court in the year 2001 seeking quashing of OfficerIn-Charge Raksha Surakasha Corps Abilekhi Defence Security Corps Records Mill Road Cannanore's Order No. PEN/FP-13719809/166 dated 1st of May, 1996 rejecting her husband's claim for disability pension and seeking a writ of mandamus commanding the respondents to pay the disability pension/family pension, gratuity and other funds to her as admissible under rules.2. The writ court, after considering the case of the respondent and defence projected by the appellants, allowed the petition holding the disability suffered by the husband of the respondent to be on account of stress and strain of army service and the respondent entitled to family pension restricting her claim only to a period of three years prior to the date of filing of the writ petition. A direction was issued by the writ court to release family pension in favour of the r...
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