Court : Jammu and Kashmir
Reported in : 2008(2)JKJ281
Bashir A. Kirmani, J.1. Petitioner herein, a District and Sessions Judge in State judiciary at the relevant time impugns communication No. 6659/GS dated 14.10.1991 purporting to have been sent to him by Registrar of respondent High Court informing that vide Court order No. 672 of the same date he alongwith another officer, namely, Sh. P. L. Dasi (expired by now), has not been found fit for grant of selection grade and accordingly seeks quashment thereof besides a direction for grant of selection grade.2. Before coming to details, it would be appropriate to notice that the writ petition appears to have been admitted way back on 30.10.1991 with an interim stay on grant of aforesaid, grade to 13th respondent, which on challenge through LPA No. 190/1991 was set aside on 17.03.1992, however, with a clarification that acceptance of appeal would not, in any manner, effect pendency and continuation of the main writ petition. Cumulative reading of the Division Bench order thus appears to convey...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2008ACJ2247,2008(2)JKJ487
J.P. Singh, J.1. Oriental Insurance Co. Ltd. has filed this appeal under Section 173 of the Motor Vehicles Act, 1988, questioning the Motor Accidents Claims Tribunal, Bhaderwah's award of 28.5.2005, awarding an amount of Rs. 2,44,000 (rupees two lakh forty-four thousand) to respondent Jan Mohd. along with interest at the rate of 9 per cent from the date of filing of the claim petition till realisation of the awarded amount, as compensation for the death of his son Mudasar Hussain, who had died in a motor vehicular accident on 5.6.2000 because of the rash and negligent driving of bus bearing registration No. JK 02-D 5355 at Manoti Gandoh, District Doda.2. Abandoning rest of the grounds taken in the memo of appeal, learned Counsel for the appellant has restricted his challenge to the award of the Tribunal only insofar as it pertains to the quantum of compensation awarded by the Tribunal.3. Respondent No. 1's counsel, on the other hand, submits that appellant cannot question the award of ...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2008CriLJ1878,2008(2)JKJ471
ORDERJ.P. Singh, J.1. Ninety Kilograms of Poppy Straw (Bhuki) Is stated to have been recovered from the Tool Box of Vehicle bearing Registration No. JK02-C/5075 at Baggu Nallah, Batote when it was being driven by the petitioner from Srinagar towards Jammu. After the investigation of the case FIR No. 74/2007 registered at Police Station, Batote, in this regard, the police produced a challan against the petitioner in the Court of learned Special Judge (Additional Sessions Judge), Ramban.2. Petitioner was charged under Section 8/25 of NDPS Act and his request for release on bail has been declined by learned Special Judge (Additional Sessions Judge), Ramban. He has approached this Court for admitting him to bail.3. Petitioner's counsel says that seizure memo dated 10-6-2007 prepared by SHO, Police Station, Batote, indicates preparation of three packets weighing 250 grams each, out of the seized material, which are stated to have been sent for chemical analysis to Jammu and Kashmir Forensic...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2008(2)JKJ337
J.P. Singh, J.1. Appellant's Habeas Corpus Petition No. 86/2007, questioning District Magistrate, Baramulla's Order No. 313 of 2006 dated 20th of July, 2006, directing his detention for a period of twelve months has been dismissed by a Learned Single Judge of this Court vide his Order of October 1,2007.2. Dissatisfied with the judgment, the appellant has come up in appeal to us.3. Appellant's Learned Counsel Mr. Shaheen says that the detention order impugned in H.C.P No. 86/2007 was bad in law because it had been executed after a period of more than eight months and no reasons had been assigned by the Learned District Magistrate justifying the delay in its execution. Appellant had specifically stated in his writ petition that he had been attending trial in FIR Nos. 28/2005 & 68/2005 before Learned Judicial Magistrate, Sopore and despite his being available, the respondents had opted not to execute the detention order' which clearly demonstrated that there was no necessity for issuance ...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2008(2)JKJ308
Mansoor Ahmad Mir, J.1. Petitioners have laid this motion for grant of the following reliefs:(i) Issue writ, direction or order in the nature of certiorari for quashing the letter No. DDF/C/2000/7810-14 dated 15-3-2000 issued by Deputy Director Fisheries (Central) RTC, Srinagar, respondent No. 5 (annexure P-18) and also the Award issued by respondent No. 4 on 18-11-2002 under No. SDM/LA/Son-29/2002 (annexure P-17) to the extent of area of land showing 100 kanlas instead of 298 kanals and 8 marlas situated at Rakhe Sultanpora, Tehsil Sonawari District Baramulla. bearing survey Nos. 1488/1,1491 and 1540 of petitioners. (ii) Issue writ, direction or order in the nature of mandamus commanding the respondents to issue corrigendum to the Award (annexure P-17) by showing the land having been acquired to the extent of 298 kanals and 8 marlas instead of 100 kanals, in terms of statutory notifications issued under Section 4, 6, 7, 9(a) of J&K; Land Acquisition Act and to pay the compensation the...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2010ACJ210,2008(2)JKJ492
Virender Singh, J.1. The present three appeals have been filed by claimants impugning the orders dated 26.4.2004 vide which their claim petitions were finally settled by the Lok Adalat directing respondent No. 1 (Insurer of offending vehicle) to deposit a sum of Rs. 1,75,000/- in the claim petition filed by Ramji and another, Rs 3 lacs in the claim petition filed by Sham Singh and others and Rs 1,75,000/-in their third petition filed by Sita Ram and others. Since there is delay of 429 days in filing all the three appeals, three different applications bearing No. 178 of 2005,179 of 2005 and 180 of 2005 have been filed. The appeals have not been numbered till date on account of the aforesaid delay.2. Pursuant to notice on all the three applications, Mr. R.K. Gupta has put in appearance on behalf of the Insurance Company and Mr. M.L. Sharma appears for the other two respondents (owner and driver of offending vehicle). The respondents have objected to the application for condonation of del...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2008ACJ1912
J.P. Singh, J.1. On this appeal coming up for consideration, learned Counsel for the insurance company had raised a preliminary objection that appellant's appeal questioning Motor Accidents Claims Tribunal, Udhampur's award of 13.11.2006 for an amount of Rs. 5,99,496 along with interest at the rate of 7.5 per cent per annum against the appellant owner, was not maintainable because the appellant had not deposited requisite statutory amount of Rs. 25,000 in terms of Section 173 of the Motor Vehicles Act, 1988, in the court at the time of presentation of the memo of appeal.2. Mr. V.B. Gupta, learned Counsel for the appellant, on the other hand, submits that the appellant has deposited the amount in terms of the order of the court giving him liberty to deposit the amount and that the non-deposit of amount at the time of presentation of the memo of appeal would not affect the maintainability of the appeal.3. I have considered the submissions of learned Counsel for the parties.4. Before deal...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2008(2)JKJ404
Bashir A. Kirmani, J.1. Briefly stated, the case of petitioners in all the three petitions, who are serving as Teachers/Masters in respondent - Education department, is that quite sometime before they were deputed as Zonal Resource Persons (ZRPs)/Cluster Resource Persons (CRPs) to augment the support structure for an educational scheme promulgated by Government of Indial under Sarva Shiksha Abhiyan and after receiving requisite training in that behalf were discharging their duties as such to the satisfaction of concerned Project Director but instantly respondents have passed the impugned order bearing No. E-du/Sli/NC/390/2007 dated 23.10.2007 wherein they are sought to be relieved of the assignment presumptively for bringing in another batch of Masters/Teachers to perform the job. Aggrieved thereby, they seek quashment of the order seeking to repatriate' them to their original positions. In their reply filed in SWP No. 1485/2007 and adopted by respondents' counsel for other two petitio...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2008(1)JKJ573
Nirmal Singh, J.1. Through the medium of present writ petition, the petitioner seeks a writ in the nature of certiorari quashing Government Order No. 471-GAD of 2005 dt. 26th of April'05 whereby the petitioner has been prematurely retired from service. Writ is also sought in the nature of mandamus commanding upon respondents to allow the petitioner to continue in service till he attains the age of superannuation and to grant him all the service benefits.2. The case of the petitioner who was working as Executive Engineer, Rural Engineering Wing, Kathua, is that he was served a charge sheet on 11th of March'05 which was received by him on 11th of April'05. He submitted reply to the charge sheet on 16th of April'05. It is stated that the respondents instead of dropping the disciplinary proceedings against the petitioner removed him from service vide order impugned date 26th of April'05. It is this order, which as indicated above, is the subject matter of challenge in the present petition....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2008(2)JKJ304
Bashir A. Kirmani, J.1. Petitioners and respondents 3 to 16 who have been proceeded against ex-parte vide interim order dated 07.05.1999 all originally belonged to class IV respondent-board service and competed in the type test to earn promotion to the Junior Assistant cadre required to be made from amongst qualified class IV officials with 5 years service in the board who could register a type speed of 25 WPM purporting to have been conducted on 16th May, 1994. After said test the promotion order of qualified candidates was issued under No. 280-B of 1984 dt. 18.05.84 with petitioners figuring at serial No. 2 and 3 thereof and one Gh. Nabi Beigh not a party to this litigation at serial No. 1. As per contents of the promotion order which was made without prejudice to the seniority of those officials (orderlies) who were otherwise seniors in class IV and slated to be promoted separately. On the same day under another order being No. 282-B of 1994 dated 18.5.1994 another seven candidates ...
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