Court : Jammu and Kashmir
Reported in : 2008(3)JKJ567
Virender Singh, J.1. Ravinder Kumar Jain (hereinafter to be referred to as detenu), who claims to be a businessman dealing in gift items at Karol Bagh, New Delhi, and through his son Saurabh Jain seeks quashment of his detention order No. PSA/2007/18 dated 19-12-2007 (Annexure-B) passed by District Magistrate, Udhampur (re-spondent-2) under Section 8 of Public Safety Act, 1978 (for short to be referred to as 'Act').2. Grounds of detention served upon the detenu indicate that he is an active hawala operator and the hawala money generated at Dubai and other countries through hawala operators is collected by him for delivering the same to different persons operating terrorists' organizations. He is stated to have been involved in delivering money to Ghulam Mohd. Bhat, Leader, Tehriq-e-Hurriyat at his residence in Delhi and Srinagar, who in turn delivered the same to Syed Ali Shah Geelani, Chairman, Tehriq-e-Hurriyat for carrying out terrorist activities. It is further alleged that till hi...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : AIR2009J& K74
Sunil Hali, J.1. The appellant through the present appeal seeks setting aside of judgment and decree dated 30-3-2002 passed by the learned District Judge, Udhampur by which he has enhanced the compensation of the land acquired under the Land Acquisition Act.2. The facts in detail are that on the requisition of Deputy Chief Engineer Construction Northern Railways, Jammu proceedings under the provisions of Land Acquisition Act were initiated for acquisition of land measuring 71 kanals 6 marlas for construction of Jammu Udhampur Railway Link Line. A notice under Section 4 (1) of the Land Acquisition Act was issued by the Collector on 23-11-1983 followed by the various corrigendum dated 14-1-1984, 16-1-1984, 15-2-1985, 19-2-1985, 15-12-1988 and dated 1-10-1992 whereby the owners/interested persons were asked to file objections if any in respect of the acquisition of land. The interested persons appeared and expressed no objection for acquisition of land for construction of Railway Line but...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : AIR2009J& K40
ORDERMohammad Yaqoob Mir, J.1. A batch of petitions numbered above involve almost identical questions for determination, hence, taken up for disposal together.2. Withholding of travel document 'Pilgrimage pass' by State Committee for want of clearance by the CID agency (respondent No. 3) is under challenge, same is claimed to be violative of the fundamental right guaranteed under the Constitution of India. A person has a right freely to profess, practice and propagate religion subject to certain restrictions i.e., it shall not offend public order, morality and health and shall not also offend other provisions of the part III of the Constitution.3. The five pillars of Islam which include Haj are the foundation of Muslim life and are integral part of the religion. Every able bodied Muslim is religiously duty bound to make the pilgrimage to Mecca at least once in the lifetime subject to affordability. Committee (Central Haj Committee) and the State Committee (State Haj Committee) in terms...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2008(3)JKJ530
Y.P. Nargotra, J.1. This Letters Patent Appeal arises out of the judgment dated 9-4-2008 passed in SWP No. 1783 of 2006 whereby the selection and appointment of the appellant as Lecturer in Business Administration made pursuant to selection process initiated by the Public Service Commission vide advertisement Notices No. 17-PSC of 2003 dated 31-12-2003 and No. 03-PSC of 2004 dated 17-2-2004, has been quashed by holding her ineligible for selection and appointment on account of her not possessing the qualification of National Eligibility Test (NET) or State Level Eligibility Test (SLET).2. The advertisement notice dated 17-2-2004 prescribed the following eligibility qualification for the post:iv) For Lecturers in Business Administration:Master's Degree in Business Administration with at least 55% marks or its Equivalent grade of the seven point scale from an Indian University or an Equivalent Course/Degree from an Indian/Foreign University.v) Only those candidates shall be eligible for ...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2008(3)JKJ598
Vinod Kumar Gupta, J.1. The appellants have preferred this Letters Patent Appeal against the order dated 24.9.2005 passed in SWP No. 2354/2000 whereby the learned Single Judge after allowing the petition of the respondent has directed to process the case of the petitioner/respondent herein for grant of disability pension and grant the same as admissible under rules.2. The material facts for disposal of this appeal are that the respondent Nar Singh Dev Singh was recruited in Indian Army on 26.11.1979 on being subjected to other tests including medical examination. While serving in the Army, he suffered from FITS-NYT in the year 1981 and was placed in EEE medical category. His disability was assessed more than 50% and boarded out on medical ground vide discharge order dated 26.2.1982. The case of the respondent for grant of disability pension was forwarded to Controller of Defence Accounts (Pension), Allahabad, but his claim for disability was rejected on the ground that the disability s...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2009CriLJ2040
ORDERJ.P. Singh, J.1. Petitioner has filed this petition seeking quashing of proceedings initiated against him by Judicial Magistrate, 1st Class, Sub-Judge, Samba on respondent's complaint wherein he had been accused of committing offence punishable under Section 228 of the Ranbir Penal Code, in that, while appearing as Defence Counsel, Lt. Col. (Retd.) G.R. Bishnoi, the petitioner had passed derogatory remarks against all the members of the Court including the Senior Member and Judge Advocate, and while acting rudely, shouting furiously during the course of the proceedings, he had questioned the very integrity of the Court. He had, despite caution having been sounded to him several times during the proceedings, refused to carry out the orders of the Court.2. Petitioner's learned Counsel Sh. Arora submitted that respondent's complaint was not maintainable because before filing the complaint, the respondent had not complied with the provisions of Rule 150 of the Army Rules in holding th...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2008(3)JKJ620
Mansoor Ahmad Mir, J.1. Petitioner has invoked the inherent jurisdiction of this Court in terms of Section 561-A of the Code of Criminal Procedure, for short Code, for quashing the FIR No. 124/03 Police Station Hiranagar on the grounds taken in the petition. This petition came to be filed on 20th of May, 2005 i.e. after lapse of two years from the date of lodging of FIR and is on board for the last three years. In the meantime it appears that investigation came to be concluded and Investigating Officer presented a challan-chargesheet before the committal court and the committal court committed the case to the court of Sessions Judge, Kathua-trial court. The trial Court vide order dated 10th of May, 2006 prima-facie held that the accused are involved in the commission of offence punishable under Section 302 r.w. Section 34 of RPC.2. The allegations as put forth by the investigation are that Ramesh Lal had developed illicit relations with the daughter of accused Des Raj and on the previo...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2008(3)JKJ424
J.P. Singh, J.1. Not satisfied with the quantum of compensation awarded to her as compensation by the Motor Accidents Claims Tribunal Jammu, for the injuries she had sustained on July 13, 2000 when she had been hit by brashly and negligently driven truck No. JK02L-0945 by Amarjeet Singh respondent, Mrs. Vijay Laxmi appellant has filed this appeal seeking enhancement of the amount of compensation.2. Appellants learned Counsel Mr. B. D. Sundan submitted that Tribunals assessment of compensation for appellants loss of amenities of life at Rs. 30,000/- and Rs. 20,000/- for pain and sufferings was inadequate and according to the case set up and proved, she was entitled to enhanced amount of compensation under these two heads.3. Insurance Companys counsel Mr. R. K. Gupta, on the other hand justified the impugned award saying that the Tribunals award for Rs. 61,935/- was just compensation for the injuries suffered by the appellant and no increase may be warranted in the facts and circumstance...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2008(3)JKJ605
Nirmal Singh, J.1. At the very outset, learned Counsel for the petitioner made a statement that he is dropping his challenge so far as the validity of Rule 698(3) of the Jammu and Kashmir Rules, 1960, is concerned and is confining his submission only with regard to the entering the name of the petitioner in Surveillance Register No. 10.2. The case of the petitioner is that he being a businessman applied to the Tehsildar, Executive Magistrate (1st Class), Jammu, in the month of Feb 04, for issuance of a character certificate. As the petitioner earlier was residing in Mohalla Talab Khatikan, Jammu, the aforesaid officer after getting a report from SHO Police Station, Pir Mitha, Jammu, issued a character certificate dt. 20th of Feb 04, in favour of the petitioner mentioning therein that the petitioner bears a good moral character. The petitioner thereafter applied before the Senior Superintendent of Police, Jammu, for issuance of character certificate which was issued in his favour vide N...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : AIR2009J& K38
Muzaffar Hussain Attar, J.Mr. Javald Iqbal accepts notice on behalf of respondents. With the consent of the learned Counsel for the parties, this CIMA is taken up for final disposal.Heard. Learned Counsel for the parties.1. The respondent/plaintiffs has instituted civil original suit against the appellant/defendant in the Court of Principal District Judge Budgam seeking the following reliefs:i) A decree of perpetual injunction be passed in favour of the plaintiffs and against the defendant, the defendant be restrained permanently from raising the level of his land adjacent to the eastern side of the plaintiffs land and the houses constructed thereon higher than the level maintained by the plaintiffs of their land situated at Sozeth Goripora Tehsil Beerwah cover under Survey Nos. 752/54,828/55, 811/59, 812/59, 50 min, 728/58 min, 803/60, 723/62, 59 to 62, 71 to 75 and 108 to 111 measuring approx. 100 kanals by any manner, mode or method.ii) A decree of perpetual and mandatory injunction...
Tag this Judgment!