Jammu and Kashmir Court July 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.
Darshana Devi Vs. Union of India (Uoi) and ors.
Court: Jammu and Kashmir
Decided on: Jul-30-2007
Reported in: 2007(3)JKJ10
Nirmal Singh, J.1. Husband of the appellant late Pritam Singh (here-in-after referred to as the deceased) joined Army service in the year 1974. After serving for about nine years, the deceased was invalidated out of service on medical grounds on 22nd of Feb'83. The disease from which the deceased suffered was said to be Schizhophrenia and the disability was assessed at 50%. The deceased was placed in Medical category CEE(P) and having declared as unfit to continue in service, he was as indicated above, invalidated out of service. After invalidation from service, the deceased represented to the authorities concerned for grant of disability pension on the ground that the disease from which he suffered occurred due to stress and strain of army service. The disability pension, however, was not sanctioned in his favour. The deceased thereafter died in the year 1996. After the death of deceased, the appellant also represented to the authorities concerned for grant of disability pension w.e.f...
Romit Kumar and ors. Vs. State of J and K and ors.
Court: Jammu and Kashmir
Decided on: Jul-26-2007
Reported in: 2008(1)JKJ154
Y.P. Nargotra, J.1. By this common order both the writ petitions are being disposed of as identical facts and point of law are involved in both the cases.2. Petitioner No. 1 Romit Kumar in OWP No. 421/2006 after undergoing Bachelor of Computer Application Course in KAWA Institute of Management and Technology, a study center established in Jammu by Makhan Lal Chaurvedi Rashtriya Patrakarita Vishwavidyalaya, Bhopal, which is a statutory University established by an Act of Madhya Pradesh State Legislature and listed at page 655 of the Universities Hand-book- 2000, obtained the BCA (Graduation) Degree in June 2004 issued by the said University. Likewise, other petitioners after undergoing courses in similarly established study centers too have obtained graduation degrees issued by the said University in June 2004 and June 2005.3. It is not in dispute that the said University has issued BCA Degrees in favour of petitioners in June, 2004 and June, 2005.4. The University of Jammu invited appl...
Dajodwal and Terpentines Vs. Synthetic and Chemicals
Court: Jammu and Kashmir
Decided on: Jul-24-2007
Reported in: AIR2008J& K9,2008(1)JKJ351
ORDERY.P. Nargotra, J.1. Notices were issued to the respondents under registered covers, but the same have not been received back served or unserved, therefore, their service is deemed and they are set ex-parte.'Whether a suit filed for recovery of money against an industrial company on whose reference made under Section 15 an inquiry in terms of Section 16 of The Sick Industrial Companies (Special Provision) Act, 1985 is pending determination before the Board for Industries and Financial Reconstruction (BIFR), has to be dismissed or made to lie over until the decision of the reference' is the question involved in this appeal.2. The appellant filed a suit for recovery of Rs. 26,96,100/- against the respondents in the Court of Additional District Judge, Jammu. The respondents while contesting the maintainability of the suit, filed an application for seeking dismissal of the suit on the ground that an inquiry under Section 16 of the Sick Industrial Companies Act (Special Provision), 1985...
Roma Devi Vs. Rishi Kumar and anr.
Court: Jammu and Kashmir
Decided on: Jul-23-2007
Reported in: 2007CriLJ4435,2008(2)JKJ262
Nirmal Singh, J.1. Roma Devi had filed a complaint against Rishi Kumar and Andhalla Devi under Section 494 read with Section 109 of R.P.C. Learned Additional Sessions Judge, Kishtwar, acquitted both the respondents vide its order D/- 10th of May' 01. Roma Devi accordingly filed an appeal against the acquittal before this Court. Vide order dt. 25th of May' 07, this' Court upheld the order of acquittal passed in favour of respondent-Anchalla Devi but the appeal qua respondent Rishi Kumar was accepted and he was convicted under Section 494, R.P.C. vide order dated 3rd of July 07, Rishi Kumar was directed to undergo rigorous imprisonment for a period of two years with a fine of Rs. 10,000/-. In default of payment of fine, Rishi Kumar was to undergo further R.I. for a period of three months. On the said date, Rishi Kumar who was present in Court was taken into custody and committed to jail to undergo the sentence.2. The convict-Rishi Kumar has not moved any application for the suspension of...
Mohd. Shafi Vs. State
Court: Jammu and Kashmir
Decided on: Jul-18-2007
Reported in: AIR2008J& K56,2008(2)JKJ32
Nisar Ahmad Kakru, J.1. Two writ petitions listed together for hearing, owe their origin to the failure of the Collector, occasioned in disbursement of the compensation, awarded in their favour by a common award, favouring a number of owners in respect of a big chunk of land, structures, residential and non residential, acquired on the directions of the State of Jammu and Kashmir for construction of Thein Dam Project at the expense of the State of Punjab, in pursuance of an agreement dated 20.01.1979, arrived at between the State of Jammu and Kashmir and the State of Punjab, inter alia involving acquisition of 39 non-residential structures including the structures of the petitioners in the two writ petitions on hand. Their grievances being similar, both on facts and law, therefore, disposal of both these petitions by this common judgment.2. Parties are not at variance that the award has come into being on 14th June 1997 but disbursement of the compensation was made to await re-assessme...
Shabir Ahmad Dar and ors. Vs. State of J and K and ors.
Court: Jammu and Kashmir
Decided on: Jul-16-2007
Reported in: 2007(3)JKJ505
Aftab Alam, Acting C.J.1. On the basis of the recruitment examination held by the J&K; Public Service Commission (hereinafter referred to as 'the Commission') in pursuance of requisition made by the State Government in the year 1995, the three appellants seek a direction from the Court, asking the State Government to appoint them on the posts remaining vacant due to non-joining of five candidates from the first select list. It may be noted at the outset that after the appointments in pursuance of the 1995 requisition, two recruitment processes were completed on the basis of the requisitions made by the State Government in the years 1999-2000 and 2002. The recruitment process in pursuance of the requisition made by the State Government in the year 2004-05 is under way and the recommendations of the Public Service Commission are awaited. Nevertheless, on behalf of the appellants it is insisted that their right to appointment against the vacancies under the 1995 requisition of the State G...
National Insurance Co. Ltd. Vs. Chander Jota and ors.
Court: Jammu and Kashmir
Decided on: Jul-12-2007
Reported in: 2008ACJ2605,AIR2007J& K79,2007(2)JKJ481
J.P. Singh, J.1. National Insurance Company Limited has filed this appeal under Section 173 of the Motor Vehicles Act, 1988 against the award dated 5.5.2006 of Motor Accidents Claims Tribunal, Reasi, awarding an amount of Rupees Five lac seventy one thousand to the wife and five minor children of one Nagender, aged 40 years, who died in a motor vehicular accident on 20th of December, 2004 while walking on the road side when he was hit by Tractor No. JK02D-5242 driven by Tilak Raj. This Tractor was insured with the Appellant-Insurance Company.2. The claim lodged by the claimants was contested only by the appellant because the owners and driver of the vehicle were set ex-parte. In order to decide the rival contentions, the Tribunal framed five issues, which reads thus:(a) Whether an accident took place on 20.12.2004 at Reasi due to the rash and negligent driving by driver of the offending vehicle in which the deceased Negender died? OPP.(b) In case issue No. 1 is proved in affirmative, h...
Balbir Singh Vs. State of J. and K.
Court: Jammu and Kashmir
Decided on: Jul-12-2007
Reported in: 2007CriLJ4727,2008(1)JKJ149
J.P. Singh, J.1. Convicted on a trial held by Learned Additional Sessions Judge, Reasi, under Section 376 of the Ranbir Penal Code and sentenced to seven years rigorous imprisonment and a fine of Rs. 2000/-, Balbir Singh, appellant, has come up in appeal to this Court,Prosecution Case:2. The prosecution story goes like this:The prosecutrix, (decency may not permit the disclosure of her name in the judgment), accompanied by other women folk of her village had gone to Chilly Dhar, a place located about 4/5 kilometers away from her house to collect fodder (grass). The appellant, a resident of her village, Sain Ranjan, too had gone in the jungle to collect the fodder. Taking advantage of the situation, he took the prosecutrix to a nearby nallah and forcibly committed sexual intercourse with her. This was against her will. In the process of resisting the forcible sexual intercourse, the prosecutrix received injuries on her back and her clothes were torn. The prosecutrix is stated to have ra...
Anita Pandita Vs. Vijay Bhat and ors.
Court: Jammu and Kashmir
Decided on: Jul-12-2007
Reported in: II(2007)DMC792,2008(1)JKJ402
Mansoor Ahmad Mir, J.1. Petitioner has challenged order dated 24.8.2006 passed by the learned Principal Sessions Judge, Budgam in a complaint titled as Anita Pandita v. Vijay Bhat and Ors., dismissing the complaint under Sections 494 and 498, Ranbir Penal Code (for shot 'the Code'). It is necessary to notice the brief facts of the case as under:2. Petitioner Anita Pandita-complainant filed a complaint titled as Anita Pandita v. Vijay Bhat and Ors., before the learned Judicial Magistrate, 1st. Class (Munsif), Budgam on 3.2.2006 against respondents 1 and 2 and nine more persons named in the complaint. Preliminary statements of the complainant and two witnesses came to be recorded. After perusing the complaint, preliminary statements of complainant and two witnesses, committal Court has drawn cognizance and issued process against accused/respondent Nos. 1 and 2 for the commission of offence under Sections 494 and 109 of the Code. The committal Court on 3.4.2006 after securing presence of ...
Dhian Singh Vs. Union of India (Uoi) and ors.
Court: Jammu and Kashmir
Decided on: Jul-12-2007
Reported in: 2007(3)JKJ67
J.P. Singh, J.1. Seeking quashing of General Officer Commanding, 10-Infantry Division's Order dated 28.01.1998, convening Summary General Court Martial, the findings, conviction and sentence recorded by it and Chief of Army Staff's Order dated 27th of June, 2000 rejecting the statutory appeal under Section 164 of The Army Act, 1950, petitioner, Dhian Singh has filed this writ petition through Mrs. Kamaljeet Kour, his wife, seeking his liberty.2. Shorn of details, the petitioner's case, in nut shell, is that he had an old history of suffering from 'unspecified psychosis'. He had been receiving treatment for this disease during his employment in the Army. He had been falsely involved in a murder case with the charge that he was responsible for firing at and killing three Army personnel namely J.C-178573L Subedar Nirmal Singh, No. 3378920L, Company Havildar Major Baldev Singh and No. 3375568F Hav. Kaur Singh of his Unit, besides firing at Sepoy Harbinder Singh with an intention to kill hi...
- ‹ Prev
- 2
- 3
- Next ›
- Last »