Jammu and Kashmir Court June 2007 Judgments
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Nusrat Jan and anr. Vs. State of J and K and ors.
Court: Jammu and Kashmir
Decided on: Jun-08-2007
Reported in: 2007(2)JKJ509
Hakim Imtiyaz Hussain, J.1. On 24.10.2006 Respondent Mohammad Bakir Malik S/o Gh. Hussani Malik R/o Gangoo Pulwama Tehsil and District Pulwama filed a report with the Police Station, Pulwama stating therein that on 22.10.2006 his daughter namely Nusrat Jan @ Nuzhat Jan was abducted by one Gulzar Ahmed Reshi S/o Gh. Ahmad Reshi R/o Drusoo Pulwama Tehsil & District Pulwama (Petitioner No. 2). He prayed for an action in the matter and also for the recovery of the girl. On this report FIR No. 383/06 was registered in the Police Station, Pulwama under Section 366 RPC and the investigation started which was assigned to Head Constable Gh. Rasool.2. The petitioners have through the medium of the present petition prayed for quashment of the said FIR on the ground that they, being major have out of their free will married and that it being Intercast marriage relatives of the petitioners are harassing them with the aid of the local police. In support they have placed on file a copy of the 'Nikahn...
Dev Raj BhasIn Vs. Parveen Kumar Kandhari
Court: Jammu and Kashmir
Decided on: Jun-08-2007
Reported in: 2007(3)JKJ395
Virender Singh, J.1. Disagreeing with the view taken by the learned trial Court vide which the complaint under Section 138 of Negotiable Instrument Act (for short to be referred to as 'Act') filed by the petitioner (complainant) was dismissed on the ground that the cheque issued by the respondent (accused) has bounced on account of a 'non existent account', the learned Revisional Court (1st Additional Sessions Judge, Jammu) has made the instant reference recommending that order dated 30.01.2004 of learned Sub Registrar (Judicial Magistrate 1st Class) Jammu, be set aside.The brief facts of the case run, thus:2. A cheque bearing No. QDU-268452 dated 05.11.2003 drawn at Punjab National Bank, Shalamar Road, Jammu, was issued by the respondent in favour of the petitioner. On presentation, it was returned unpaid with the remarks 'Account not existent'. The legal notice was served upon the respondent, was admittedly received by him. However, he did not make the payment and this constrained th...
Oriental Insurance Company Ltd. Vs. Nirmala Devi and ors.
Court: Jammu and Kashmir
Decided on: Jun-08-2007
Reported in: 2007(3)JKJ401
J.P. Singh, J.1. These appeals of the Oriental Insurance Company Limited and cross appeals by the claimants in file Nos. 421/C.P and 422/C.P of the Motor Accidents Claims Tribunal, Kathua, arise out of its award dated 02.06.2005, awarding an amount of Rs. 2,90,000/- as compensation to the claimants in each petition.2. Facts necessary for the disposal of these Appeals and Cross Appeals may briefly be stated thus:3. Two labourers, Tilak Raj and Nagar Mal, both resident of Givindsar Kathua were engaged in unloading Marble Slates from Truck No. JK02D-6947 at Chak Partap Singh Kathua at about 11 PM, on the National Highway, when the loosely loaded Marble Slates fell down from vehicle No. JK02D- 6947 resulting in instantaneous death of these two labourers.4. Nirmala Devi, widow of Tilak Raj, her two minor sons, a minor daughter and father-in-law lodged a claim for an amount of Rs. 15,61,500/-, claiming compensation under the following heads:(a) Expenditure incurred in takingdead body: Rs. 15...
Nigeen Ahmad Chapoo Vs. Adil Nigeen and ors.
Court: Jammu and Kashmir
Decided on: Jun-07-2007
Reported in: 2007(2)JKJ532
Mansoor Ahmad Mir, J.1. The grievance projected by the petitioner is that the respondents have filed petition under Section 488 Cr.P.C for grant of maintenance before the Court of ld. Chief Judicial Magistrate, Shopian which is an abuse of process of law on the grounds taken in the petition. Along the petition, an application for grant of interim relief was filed. Respondent- Petitioner herein filed objections and after hearing both the parties, learned Chief Judicial Magistrate, Shopian granted the interim application and directed the petitioner herein to pay Rs. 900/-and 700/- as interim maintenance monthly. Feeling aggrieved, the petitioner/non-applicant challenged the said order by the medium of the revision petition before the ld. Sessions Judge, Pulwama. Revision Petition came to be dismissed vide order dated 30.04.2007. Feeling aggrieved of the said order, petitioner has filed this petition. The main argument of learned Counsel for the petitioner is that the respondents are majo...
Shameema Akhter Vs. State and ors.
Court: Jammu and Kashmir
Decided on: Jun-06-2007
Reported in: 2007(2)JKJ518
Nisar Ahmad Kakru, Acting C.J.1. Order dated 24.04.2006 may be noticed:Mr. PS Ahmad Adv. for the petitioner.Admit. Issue three weeks notice to other side for filing counter affidavit. List thereafter. At this Mr. Ahmad, learned Counsel submits that this petition be listed before a Bench who has passed order in OWP No. 408/2005 on 17.12.2005. Prayer allowed.2. It appears from perusal of the order aforementioned that the petitioner has pressed into service an ad interim direction passed in OWP 488/2005 to seek a similar interim direction and the direction having been passed by this bench, therefore, it has been directed to be listed before this Bench alone, understandably to maintain uniformity in the directions. When the petition came up before the Court on the last occasion it was deemed appropriate to examine the writ record of the petition in which interim direction is passed. Record being available interim direction passed therein may be noticed:Allegation of damage having been caus...
Ghulam Ahmad Ganaie Vs. State and ors.
Court: Jammu and Kashmir
Decided on: Jun-06-2007
Reported in: 2007(2)JKJ542
Nisar Ahmad Kakru, Acting C.J.1. A grouse is registered by the petitioner against the tender notices issued by the respondent 6 on the ground that he lacks the territorial jurisdiction. The contention need not detain the Court. Assignment of the jurisdiction is the province of the State and its functionaries authorized in this behalf. The State having not objected to the jurisdiction of the respondent 6 presumptions arises in favour of availability of his jurisdiction. Apart from that the petitioner has no locus standi to canvass that the tenders should be invited by a particular officer. Who should exercise such power falls within the jurisdiction of the respondent 1. Situated thus, indulgence is uncalled for.2. Yet another snag which the petitioner cannot apparently overcome traceable to the fact that the petitioner aims at creation of a separate class for purposes of allotment as is evident from the averment made in Para 2 of his pleadings suggesting that only a group of contractors...
Pran Nath Gupta Vs. Union of India (Uoi)
Court: Jammu and Kashmir
Decided on: Jun-06-2007
Reported in: 2007(2)JKJ524
H. Imtiyaz Hussain, J.1. These writ petitioners have been filed by M/s Pran Nath Gupta and Naresh Kumar Gupta Engineers and Contractors. These arise out of the same cause and involve common issues for determination as such are being disposed of by this common judgment.2. Petitioners are S. Class Contractors of the MES with Index No. S-8/NC. On 29.07.2002, Respondents have decided to suspend their business with the petitioners which constrained the petitioners to file OWP No. 357/02 and 358/02. Petitioner prayed for the following reliefs in the two writ petitions.i. By issuance of a writ of Certiorari, or any other appropriate writ, order or direction, the impugned show cause notice issued under No. 42590/S-35 (AD)/303/EB dated 20.10.2000 as also telegram bearing No. 42558/RC-6/69/EB dated 29.07.2002 issued by respondent No. 2 be quashed; andii. By issuance of a writ of Mandamus or any other appropriate writ, order or direction, respondents be directed not to suspend any business dealin...
Ghulam Hyder Zargar Vs. State and ors.
Court: Jammu and Kashmir
Decided on: Jun-06-2007
Reported in: 2007(2)JKJ565
Nisar Ahmad Kakru, Acting C.J.1. Petitioner-Junior Engineer, having been transferred from R&B; Division Khanabal to R&B; Special Sub Division Kulgam, has invoked the writ jurisdiction of this Court to have the order of transfer set at naught on the ground of mala fides attributed to the respondent No. 2-Chief Engineer. In support of the contention, emphasis is laid on the averment made in para (d) of the grounds which reads:.The respondent No. 2 is having personal enemosity with the petitioner and it is because of this reason the respondent No. 2 has only touched the petitioner from R&B; Divn Khanabal in the impugned order, while as he has left his favoured and blue eyed persons. It seems that the respondent No. 2 is having personal grudge against the petitioner and in order to take revenge from the petitioner the respondent No. 2 has issued the order impugned....2. Law is settled that power of transfer must be exercised honestly which would mean that it should aim at achievement of pu...
Abdul Ahad Rather Vs. State and ors.
Court: Jammu and Kashmir
Decided on: Jun-06-2007
Reported in: 2007(2)JKJ580
Nisar Ahmad Kakru, Acting C.J.1. This writ petition emanates from an apprehension of issuance of an order of detention against the petitioner, obviously, aimed at a restraint to be placed upon the District Magistrate on the ground traceable to the alleged absence of the material. There cannot be two opinions that if there is no material available on which the detaining authority can reasonably draw an opinion for issuance of an order of detention, the affected person is within his rights to challenge the same. Whether order of detention is called for, depends on the basis of material that is made available to the detaining authority and in case material is sufficient the authority is within its jurisdiction to pass the order. Needless to say that in case order of detention is passed in absence of material, nothing prevents the petitioner to question such order. Suffice it to say that the writ petition at this stage is premature because order of detention has not been passed as on date ...
Muhammad Sultan Wagay Vs. M. Ayub Choudhary
Court: Jammu and Kashmir
Decided on: Jun-06-2007
Reported in: 2007(2)JKJ581
Nisar Ahmad Kakru, Acting C.J.1. This motion for transfer of the criminal case titled State v. Muhammad Ayub Choudhary from the Court of the Additional Session Judge Baramulla to any other Court of competent jurisdiction at Srinagar has been laid by the complainant and his daughter prosecutrix both prosecution witnesses. Do they have any right to lay such motion, reference to sub Section 3 Section 526 of Code of Criminal Procedure becomes imperative which may be noticed:Section 526 High Court may transfer case or itself try it:(3) The High Court may act either on the report of the lower Court or on the application of a party interested, or on its own initiative.2. A plain reading of the provision entitles a part interested to seek transfer of the case. What interest petitioners herein have need to be appreciated in the light of the face that the petitioner 2 a victim of the alleged commission of the crime happens to be the daughter of the petitioner 1 on whose information the police ha...
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