Jammu and Kashmir Court August 2007 Judgments
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Fateh DIn and ors. Vs. Noor HussaIn and anr.
Court: Jammu and Kashmir
Decided on: Aug-31-2007
Reported in: 2008(1)JKJ297
J.P. Singh, J.1. Claiming to be the legal heirs of one Resham Bibi who had been allotted land measuring fourteen kanals and five marlas comprised in Survey No. 1440 of Village Dara Dullian, Poonch, the petitioners have filed this writ petition questioning Noor Hussain-respondent No. 1's right to the restoration of seven kanals of land out of the aforesaid land allotted to Mst. Resham Bibi.2. Petitioners' short submission as projected by their counsel Mr. P.N. Bhat is that the authorities under the Jammu and Kashmir State Evacuees (Administration of Property) Act, Spt. 2006 had erred in omitting to consider the effect of the first proviso appended to Section 14 of the Act, on respondent No. 1's application seeking restoration of property, which application had not been supported by the requisite CERTIFICATE from the Government to the effect that Evacuee Property be so restored to the respondents.3. Mr. G.R. Asghar, learned Counsel appearing for respondent No. 1 Noor Hussain, while suppo...
isha Ch. and Micronutrients Pvt. Ltd. Vs. Commissioner of Central Exci ...
Court: Jammu and Kashmir
Decided on: Aug-31-2007
Reported in: 2008(232)ELT586(J& K),2008(2)JKJ38,2008[12]STR696
J.P. Singh, J.1. M/s Isha Chemicals and Micronutrients Pvt. Ltd. has filed this writ petition questioning Customs, Excise & Gold (Control) Appellate Tribunal's Order dated 02-09-2002 refusing restoration of its appeal which had been dismissed earlier because of petitioner's non-appearance, omission to file application seeking waiver of deposit of the amount questioned in the appeal and non-deposit of the duties and penalties.2. Projecting its grievance against the impugned order and giving the history of the case, the petitioner company says that Deputy Commissioner of Central Excise had passed an order confirming duty and imposing penalty of Rs. 3 lacs under Rule 173-Q of the Central Excise Rules, 1944, on 15-07-98. An appeal was taken by the Company against this Order to the Commissioner who directed the petitioner to deposit an amount of Rs. 3 lacs towards duty and Rs. 1.5 lacs and Rs. 50,000/- towards penalty. The Company could not comply with this Order of the Commissioner which r...
Deepak JaIn Vs. JaIn Nagar Welfare Society
Court: Jammu and Kashmir
Decided on: Aug-31-2007
Reported in: 2008(1)JKJ305
J.P. Singh, J.1. Deepak Jain, petitioner had filed suit No. 12/1998 for permanent prohibitory injunction against Jain Nagar Welfare Society-respondent, seeking reliefs which read thus:1. That the defendant, its agents and servants and all members of the defendant's society be restrained from raising any construction at the site marked Red in the site plan and/or in front of the plot of land marked 'A' in the site plan directly, indirectly or otherwise and/or to interfere with the right of the plaintiff to use road leading to his plot of land and/or to interfere with the plaintiff's right of ingress or outgress and be further restrained from creating any impediment/obstruction to the plaintiff right to use the said plot of land.2. It was during the pendency of this suit that he filed yet another suit seeking the following reliefs:1. It be declared that the road marked 'C' in the site plan annexed to the plaint is a public road and the plaintiff along with his brothers has absolute right...
Prabhat Terpenes and Synthetics Pvt. Ltd. Vs. State and ors.
Court: Jammu and Kashmir
Decided on: Aug-31-2007
Reported in: AIR2008J& K29
ORDERJ.P. Singh, J.1. Prabhat Terpenes and Synthetic Private Limited has filed this writ petition seeking quashing of the Jammu and Kashmir State Industrial Development Corporation Limited's order No. 22 dated 14-2-2008 whether by physical possession of the mortgaged properties of the petitioner-Company (excluding raw materials, finished and unfinished goods, (pledged to the Bank) had been ordered to be taken over the realization of the outstanding dues of the Jammu and Kashmir Industrial Development Corporation Limited besides Auction Notification No. IDC/DB/99/CO/152/149 dated 28th of June 2006.2. The petitioner says that a Term Loan of Rs. 56.75 lacs at 9.5% interest rate over and above 3.5% re-financed from IDBI, was obtained by it which was to be paid back in Instalments after every six months. Referring to the tripartite agreement entered into between the petitioner, Jammu and Kashmir Financial Corporation and the State Industrial Development Corporation Limited and mortgage deed...
Kaka Ram Vs. State and ors.
Court: Jammu and Kashmir
Decided on: Aug-30-2007
Reported in: 2008(1)JKJ553
Nirmal Singh, J.1. Petitioner was initially appointed as Safaiwala on stop gap basis in the Family Welfare Department vide order dt. 30th of Aug'90. This arrangement was for 89 days. Thereafter in terms of SRO 75 of 1992, the services of the petitioner were regularized against the aforesaid post. After rendering thirteen years of continuous services, the petitioner superannuated w.e.f. 31st of March' 03. The case of the petitioner was referred to the respondent No. 2 for payment of retrial benefits to the petitioner. The said respondent, however, pointed out that the petitioner has neither been declared quasi-permanent nor permanent even after 11 years of service, and therefore, he is not entitled to pensionary benefits. Petitioner filed a representation and also served upon the respondent authorities a legal notice but the request of the petitioner for grant of pensionary benefits was declined, hence the present petition.2. On notice, respondent No. 2 has filed objections in which it ...
Anwar-ul-haq Vs. Union of India (Uoi) and ors.
Court: Jammu and Kashmir
Decided on: Aug-17-2007
Reported in: AIR2008J& K35,2007(3)JKJ1
Y.P. Nargotra, J.1. 'Can consideration for granting of a Passport be withheld on account of CID Clearance? is the common question involved in these writ petitions.2. The writ petitioners in these petitions have applied for issuance of Passports, but neither the same have been issued nor the issuance has been declined by the Passport Authority. The stand of the respondents is that on receipt of the applications for issuance/renewal of Passports the cases were sent for clearance by the CID and either the same has not been received back or received with the inconclusive report or received with the recommendation that the same should not be issued, therefore, no decision in the matter has yet been taken by the authority. It is not in dispute that till today a period of more than a year has elapsed from the date of receipt of the applications.3. Mr. Magoo, learned Addl Solicitor General contends that though the requirement of Police verification of applicants for issuance of Passports in th...
Savita Gupta Vs. Ramesh Chander Sabharwal
Court: Jammu and Kashmir
Decided on: Aug-16-2007
Reported in: 2008CriLJ1453,2008(3)JKJ486
ORDERVirender Singh, J.1. Through the instant petition, petitioner Savita Gupta wife of Shri Vivek Gupta is praying for quashing of the complaint and the order dated 11-8-2005 vide which process has been issued against her to face trial. The said complaint is presently pending before learned Chief Judicial Magistrate, Rajouri. The alternative prayer made herein is for the transfer of the aforesaid complaint from the Court of Chief Judicial Magistrate, Rajouri to the Court of any Judicial Magistrate having jurisdiction at Jammu.2. Mr. Shukla submits that so far as alternative prayer for transfer of case is concerned, he may be allowed to withdraw the said prayer and the same be deleted from prayer clause also, for the reason that earlier also the parents of the petitioner had knocked the doors of this Court vide their separate petition for quashing of the complaint qua them wherein the prayer for transfer of complaint was also agitated. However, this Court, while disposing the said peti...
Ech Emm Photo Colours Pvt. Ltd. and anr. Vs. Wazir Abhey Singh
Court: Jammu and Kashmir
Decided on: Aug-14-2007
Reported in: 2007(3)JKJ445
J.P. Singh, J.1. Wazir Abhey Singh had filed a suit seeking petitioner's eviction from a shop situated at Below Gumat, Jammu inter alia,on the grounds that the petitioner had committed three defaults of two months each in the payment of rent within a period of 18 months rendering him liable to eviction under Section 11(i) of the Jammu and Kashmir Houses and Shops Rent Control Act, 1966 and the respondent-plaintiff reasonably required the shop for his use and occupation to start the business of Dry Fruit therein. The petitioner had questioned the maintainability of the suit, urging that the respondent had filed a suit at an earlier occasion also which was later dismissed by Learned Ist Additional District Judge, Jammu refusing permission to the respondent to file a fresh suit.2. The trial Court while adjudicating issue Nos. 8 and 9, rejected petitioner's objection and held the subsequent suit maintainable holding that the cause of action in the subsequent suit was recurring and distinct...
Oriental Insurance Co. Ltd. Vs. Ishwar Lal and ors.
Court: Jammu and Kashmir
Decided on: Aug-14-2007
Reported in: 2008(1)JKJ339
Y.P. Nargotra, J.1. Whether the requirement of accompanying a certificate by the Commissioner to the effect that the appellant has deposited with him the amount payable under the order appealed against in terms of third proviso to Sub-section (1) of Section 30 of Workmen's Compensation Act is applicable to the insurer, who seeks to file the appeal against an order passed by the Commissioner appointed under the Workmen's Compensation Act allowing a claim in favour of claimants; is the question involved in this appeal.2. The appellant filed a civil first miscellaneous appeal against the award/judgment dated 23.2.2007 passed by the learned Commissioner Workmen's Compensation Act (Assistant Labour Commissioner), Doda, in File No. 40-D, titled, Ishwar Lal v. Divisional Manager. The appeal of appellant has been dismissed by the first appellate court vide order dated 16.7.2007 on account of the omission of appellant to annex the certificate of Commissioner that the awarded amount stood deposi...
Syed Manzoor Ahmad and anr. Vs. J and K Special Tribunal and ors.
Court: Jammu and Kashmir
Decided on: Aug-14-2007
Reported in: 2008(3)JKJ427
Hakim Imtiyaz Hussain J.1. This Letters Patent Appeal is directed against the judgment dated 3.11.2006 passed by the learned Single Judge whereby he dismissed OWP No. 332 of 2003 titled Syed Manzoor Ahmad and Anr. v. J&K; Special Tribunal, Srinagar and Ors. 2007 (1) JKJ HC-518, filed by the present appellants.2. The dispute between the parties (present appellants and respondent: 5) is on a piece of agricultural land measuring 5 kanals under survey No. 560/Min situate at Azadpore, Tehsil and District Anantnag. The land belonged to one Abdullah Khan on whose death it was mutated in the name of his 'khana-nashin' daughter-respondent: 5 as owner in 'personal cultivation' of the land.3. In the year 1988, Tehsildar Settlement, Anantnag on a report of patwari halqa concerned directed change in the entries in a public meeting held in the village on 27.12.1988. On the said date the Tehsildar started proceedings under Section 4 of the Jammu and Kashmir Agrarian Reforms Act, 1976 (for short the A...
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