Court : Jammu and Kashmir
Reported in : 2008(3)JKJ561
Y.P. Nargotra, J.1. The dispute in these writ petitions relates to advertisement notices No. DIP/J- 850 dated 8.5.2008 and No. MC/ESTT/GD/109/1458 dated 11.6.2008 issued by the Principal, Government Medical College, Jammu, whereby applications have been invited for the posts of Registrars/Demonstrators in various disciplines from the in service J&K; Medical (Gazetted) Service doctors, who have put in at least two years service as Assistant Surgeon, for their deployment as Registrars/Demonstrators in Government Medical College, Jammu on tenure basis for a period of two years.2. The writ petitioners who do not have the two years experience but have one year of service at their credit, for having been rendered ineligible to apply, have filed the instant writ petitions for questioning the validity of the advertisement notices. Their case is that in terms of the recruitment rules, the Assistant Surgeons with one year experience are eligible for selection for the post and, as such, could not...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2008(3)JKJ548
Y.P. Nargotra, J.1. The writ petitioners in this Batch of writ petitions seek to quash the selection of the private respondents made through the selection process initiated by the Jammu and Kashmir State Services Selection Board, Jammu vide its Advertisement Notice No. 06/2005 dated 21-11-2005 for the post of Junior Supervisor/Sub Auditor, on the ground of their ineligibility. The advertisement notice prescribed the following eligibility condition for the post:10+2 or equivalent, Cooperative training is necessary for selected candidates2. The case of the petitioners is that since the private respondents did not possess the Cooperative Training upto the last date fixed for making applications, therefore, were in-eligible to compete, whereas the petitioners who were also the candidates in the said selection process possessed the requisite Cooperative Training and therefore, being eligible ought to have been selected in place of the private respondents.3. The contention of Mrs Kour, learn...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : AIR2009J& K2694,2008(3)JKJ312
J.P. Singh, J.1. Mohammad Kalam, a resident of Raniganj Bihar, when produced before learned 3rd Additional Sessions Judge, Jammu for his trial under Section 302 RPC projected his juvenility to oust the jurisdiction of the Court to hold the trial.2. Acting in accordance with the provisions of the Jammu and Kashmir Juvenile Justice Act, 1997 (hereinafter referred to as the Act), the Additional Sessions Judge directed the Chief Judicial Magistrate, Jammu to hold inquiry as to the juvenility or otherwise of Mohammad Kalam in terms of the provisions of the Act.3. It appears that Mohammad Kalam had produced (1) a Birth Certificate issued by Dr. Debbrata Choudhary, Ex-Medical Officer, Durgapur Steel Plant Mondal Medicine near Bhiringi T. N. School, Nachan Road, Durgapur and another certificate issued by Registrar Durgapur Municipal Corporation under Section 12/17 of the Registration of Birth and Deaths Act 1969 incorporating Mohammad Kalams date of birth as 1st January 1987 to support his con...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2008(3)JKJ325
J.P. Singh, J.1. Claiming to be one of the Co-sharers of two houses situated at 16-Zainder Mohalla Habba Kadal, Srinagar-Kashmir and the land underneath and appurtenant thereto, Pushkar Nath Koul, the petitioner, has filed this writ petition seeking issuance of a writ of mandamus directing the respondents to cause the eviction of any occupant of any part of the property and not to accord permission for sale of the property in parts or in the name of individual co-sharers.2. The case set up by the petitioner in his writ petition is that Gopi Nath Razdan and Maharaj Krishan Razdan, respondent Nos. 3 & 4, the other co-sharers of the property in question had executed a Power of Attorney with respect to their 35% share of the four storied house in favour of Mir Shafiq Ahmed and were in the process of inducting him in possession of part of the house and this arrangement of respondent Nos. 3 & 4 was designed to defeat the provisions of the Jammu and Kashmir Migrant Immovable Property (Preserv...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2008(3)JKJ306
J.P. Singh, J.1. Petitioner is respondents tenant in respect of a shop located in the ground floor of a house situated opposite Peer Baba Apsra Road, Gandhi Nagar, Jammu. He has been contesting respondents suit seeking his ejectment from the shop in question inter alia on the ground that the suit shop was reasonably required by her for the use and occupation of her son Akhil Kumar Gupta who wanted to set up his own business in the shop.2. It was after the closure of evidence by the parties that the petitioner had filed an application seeking amendment of the written statement introducing two more paragraphs in it. These paragraphs read thus:6-A That Apsra Road where the suit shop and the house of the plaintiff/her husband is situated has been declared as commercial and shops and commercial complexes have come up on both sides of the Apsra Road during the pendency of the suit.6-B That the plaintiff/her husband along with their sons constitute joint family and they have put their house t...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2008(3)JKJ304
J.P. Singh, J.1. During the pendency of Rajesh Kumar respondents petition under Section 13 of the Jammu and Kashmir Hindu Marriage Act, 1980, hereinafter referred as the Act, his wife Parul had filed an application under Section 30 of the Act seeking an order on the respondent to pay her Rs. 10,000/- as litigation expenses and Rs. 5000/per month as maintenance pendente-lite for herself, and master Dhruv, the minor son of the parties.2. Petitioners application was allowed by learned Additional District Judge (Matrimonial Cases) Jammu directing the respondent to pay an amount of Rs. 2000/per month as maintenance pendentelite minus the amount already allowed as maintenance under Section 488 of the Code of Criminal Procedure, to the petitioners from the date of filing of the application, and an amount of Rs. 3000/- on account of counsel fee and litigation expenses.3. Aggrieved by the lesser quantum of maintenance pendente-lite and the litigation expenses fixed by learned Additional Distric...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2008(3)JKJ270
Sunil Hali, J.1. Through this petition, the petitioners seek quashment of order dated 29.05.2006 passed by the learned Sessions Judge, Budgam in case titled State v. Ichpal Singh and Ors. wherein they have been charged under Section 302 RPC and other allied offences;2. In order to appreciate the controversy, it is necessary to give brief resume of the case. On the basis of the recommendations of the State Human Rights Commission, the Crime Branch registered FIR No. 77/2003 against three police officials. The Crime Branch investigated the case after recording the statements of the witnesses and presented the charge sheet before the learned Chief Judicia1 Magistrate, Budgam on 31.03.2005. However, it seems that due to absence of petitioners/accused Nos. 1 and 2, the committal court was not able to commit the case. One of the accused, namely, Waris Shah turned an approver in the case. The case was committed by the learned CJM, Budgam to the court of learned Sessions Judge, Budgam and proc...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2008(3)JKJ408
Sunil Hali, J.1. A suit for ejectment was filed by the petitioners/appellants against the defendant/respondent or, the ground for having committed three defaults. An amount of Rs. 1500/- was claimed as rent from October, 1984 to July, 1985. Notice was sent to the defendant on 3.8.1985 under Transfer of Property Act. Notice was acknowledged on 14.8.1985 as per endorsement on the acknowledgment receipt. The suit was filed on 28.4.1966 and the decree was passed by the trial court on 28.12.1998. The trial court allowed the suit by holding that defendant had committed three did defaults of two months each of non payment of rent within a period of 18 months.2. Against the order of the trial court, an appeal was preferred before the 2nd Addl. District Judge, Jammu. The appellate court allowed the appeal and dismissed the suit on the ground that no notice was received by the defendant under Section 106 of Transfer of Property Act. The findings of the appellate court reveals the, service of the...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2008(3)JKJ319
Sunil Hali, J.1. Through this Habeas Corpus Petition, the petitioner seeks quashment of detention Order No. 04 of 2008 dated 17,05,2008 passed by District Magistrate, Rajouri under Section 8 of the J&K; Public Safety Act, 1978.2. The grounds of detention reveal that the petitioner remained associated with the local terrorists of HM outfit known with code name Jannisar and HM Commander Ab-Saqib. The main object of this organization is to spread separatist feelings among the public at large in J&K; State and in India. The petitioner being an overground worker of HM terrorist, was found involved in aiding and abetting terrorism by financing and providing food and shelter to the militants. The detention order reveals that in the month of July and September, 2007 terrorist of HM outfit code name Jannisar visited his house who took meal and agreed to work with them as OGW. In 2008 terrorist visited his house to whom he provided food and shelter for the night and received cash worth Rs. 1.37 ...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2008(3)JKJ327
Sunil Hali, J.1. What constitutes a family for purpose of withdrawal of cash relief and whether any member of the family having been employed who was previously dependant, disentitle a family from grant of cash relief on his being employed is the question which is required to be determined by this Court in this writ petition.2. Petitioners state that Ration Cards came to be issued in their favour which entitled them for grant of cash relief. The detail of the family strength at the initial stage is reflected in para-4 of the writ petition. It is averred that by virtue of policy decision taken by the State Government, cash and relief assistance was provided to those families who were not gainfully employed in any Government service or in any autonomous body owned and run by the State Government. Those who were gainfully employed in govt. service were also issued Ration Cards, but were not entitled to cash relief from the State Govt. It is stated by the petitioners that one dependant of ...
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