Court : Jammu and Kashmir
Reported in : AIR2009J& K45
ORDERMuzaffar Hussain Attar, J.1. 'Cipero' the famous Roman statesman has said, 'chief law is public good.' In democratic society Courts function for the benefit of society/so Judges are accountable to the society. Judges are not per se public servants. They carry out the will of the Legislature subject to. constitutional limitations and laws. The role of the Judge is not only to resolve the disputes but the Judges are further charged with the sacred duty of administering justice. Justice has to be administered according to laws. May be in rare and most exceptional cases justice may be tempered with mercy. Judge in the discharge of his sacred duty has to follow the procedure established by law.2. 'Deuteronumjc' code of old testament summarized the personality of Judge, as under:And charged your Judges at the time, saying, hear the causes between your brethren, and Judge righteously between every man and his brother,, and the, stranger that is with him. Ye, shall not respect person in j...
Tag this Judgment!Court : Jammu and Kashmir
J.P. Singh, J.1. Mr. Jatinder Singh working as a Salesman with a firm owned by Mr. Sudesh Kumar Gupta died because of the injuries he had received in a motor vehicular accident when a rashly and negligently driven truck bearing registration No. JK02R-8557 had hit the scooter which he had been driving on 08.12.2005. His parents filed claim petition No. 541/Claim with the Motor Accidents Claims Tribunal, Jammu which, vide its award of January 31, 2008, held them entitled to an amount of Rs. 2,09,948/- as compensation for the death of their son.2. Dissatisfied with the quantum of compensation awarded by the Tribunal for the death of their unmarried son, parents of Jatinder Singh have filed this appeal seeking enhancement of the compensation amount. 3. Questioning the findings of the Tribunal on issue No. 2 as to what would be the amount of compensation to which the appellants would be entitled to, appellants' learned Counsel submitted that the Tribunal had erred in deducting 2/3rd out of ...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2009CriLJ2142
ORDERMuzaffar Hussain Attar, J.1. By sheer instinctive compulsions, parents want their children not only to surpass their own achievements but also to soar to dazzling heights. Most children of our times sacrifice much time of their lives by not only working hard but literally burning the candle on both ends to emerge victorious in this highly competitive world. But unfortunately better valueism has lately got in some cases transformed into materialism. People have started living only for this world, which all of us know is temporary phenomenon. Some amongst us, however, in pursuit of abounding in wordly possessions have cast to winds the settled principles and norms of life.2. On the prosecution allegations, the case in hand throws-up one such glaring example. Here on the one hand is a child who seems to have sacrificed everything for attaining excellence in the field of academics, whereas on the other hand, a person, who is charged and entrusted for conducting examination in most fai...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2008(3)JKJ512
Vinod Kumar Gupta, J.1. Plaintiff-respondent No. 1 herein Gian Chand has filed a civil suit in the court of Sub Judge Kathua for declaration and restoration of possession besides permanent injunction in respect of land comprising Khasra No. 863/778 measuring 4 kanals situate in village Logate Tehsil Kathua. Respondent-2 herein has sold 4 kanals of land comprising in Khasra No. 863/778-min situated in village Logate Tehsil Kathua for a consideration of Rs. 40,000/- to petitioner herein vide sale deed dated 20.7.2000. Respondent No 2 Mohar Singh was recorded as owner in possession in the revenue record. Respondent Gian Chand filed a civil suit seeking declaration to the effect that the said sale deed executed by respondent Mohar Singh in favour of the petitioner herein in respect of above mentioned land is null, void, ineffective and inoperative with consequential relief of restoration of possession to him besides grant of permanent injunction restraining the other party from changing th...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2008(3)JKJ508
Vinod Kumar Gupta, J.1. The appellant has preferred this Civil First Miscellaneous Appeal against the award dated 24.10.2003 passed by Motor Accidents Claims Tribunal, Jammu (hereinafter referred as the Tribunal in short) in claim petition No. 646 entitled Kamal Kishore v. Rajesh Rathore and Ors. whereby an amount of Rs. 99,350/- along with interest @ 9% per annum has been awarded in favour of the claimant-respondent No. 1.2. The brief facts material for disposal of this appeal are that on 22.02.1999 the claimant-respondent No. 1 was driving his scooter and when he reached near flyover Ranbir Higher Secondary School Jammu a rashly and negligently driven Matador bearing Registration No. JK02C-7027 came from the opposite direction and hit the scooter of the claimant-respondent No. l as a result of which the claimant-respondent suffered multiple injuries. The claimant-respondent No. l was admitted firstly in Government Medical College Hospital Jammu and then to Dr. Karam Singh Memorial Or...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2008(3)JKJ438
Vinod Kumar Gupta, J.1. The Appellant-United India Insurance Co. has preferred this Civil First Miscellaneous Appeal under Section 173 of Motor Vehicles Act, 1988 against the award dated 10.10.2003 passed by the Presiding Officer of Motor Accident Claims Tribunal, Jammu (hereinafter referred to as the Tribunal in short) in File No. 55/Claims of 1999 entitled Bashir Ahmed v. United India Insurance Co. Ltd. and Ors.2. The brief and admitted facts of the case are that the claimant-respondent No. 1 herein Bashir Ahmed received grievous injuries as a result of hit by a rashly and negligently driven Truck bearing Registration No. JKC-2799 by its driver respondent No. 3 on 09.01.1998. He preferred a claim of Rs. 14.70 lacs as compensation from the driver, owner of the truck and Insurance Company with which the said truck was insured. The owner and driver of the truck did not contest the claim but the insurance company-appellant herein contested the said claim petition on the ground that there...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2008(3)JKJ452
Vinod Kumar Gupta, J.1. The question involved in these appeals is whether the Insurance company is liable to pay compensation on account of death of persons traveling in a Goods Carriage (Truck)2. The deceased Surjit Singh and Kulbir Singh alongwith others were traveling in a Truck bearing Registration No. JKR-4055 after attending a Barat from Nagal to Malhori in the night intervening 14th and 15th of December 1991 when the truck met with an accident due to rash and negligent driving of the driver of the truck at Malhori Passi causing death of Surjit Singh and Kulbir Singh. The legal heirs/dependants of the deceased preferred two different claim petitions before the Motor Accident Claims Tribunal, Doda. Vide orders dated 8.5.2003 the Motor Accident Claims Tribunal, Doda passed two different awards whereby compensation amounting to Rs. 1,29,400/- was awarded in favour of the legal heirs of deceased Surjit Singh and a compensation of Rs. 1,24,400/- was awarded in favour of dependants of ...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2008(3)JKJ447
Vinod Kumar Gupta, J.1. The dispute in this appeal is between the paternal uncle and maternal uncle of minor sons of deceased Shri Rajinder Paul Sharma.2. The brief admitted facts of the case are that on 18.1.1998 the deceased Rajinder Paul Sharma met with an accident at Miseriwala and was crushed to death by a rashly and negligently driven truck No. JK02-H 685 by Yash Paul Sharma respondent/driver. The deceased left behind two minor sons. A claim petition under Sections 140/166 of Motor Vehicles Act was filed in the names of minors through their guardian maternal uncle Hans Raj on 17.3.1998. Subsequently on 19.5.1998 paternal uncle of the minors Tarsem Lal made another claim petition before the Motor Accident Claims Tribunal, Jammu by changing the names of minors and also making himself as one of the petitioners. In both the petitions, the petitioners received Rs. 50,000/- as interim relief of compensation. Finally on 31.10.2002 the learned Tribunal made an award of Rs. 3,53,808/- alo...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2009CriLJ4773
ORDERJ.P. Singh, J.1. M/s. Arora Enterprises, a partnership firm, operating at Nazibabad, Bijnore of the State of Uttar Pradesh and S. Sunder Singh, one of its partners, have filed this petition invoking jurisdiction under Section 561-A of the Code of Criminal Procedure, Smvt. 1989, seeking quashing of M/s. Videocon Industries Limited's complaint filed through Mr. Ali Mohd. Qazi, its authorised representative against the petitioners for commission of offences punishable under Sections 415, 416, 418 and 420 of the Ranbir Penal Code and the proceedings initiated thereon by Judicial Magistrate Ist Class (3rd Additional Munsiff), Srinagar.2. Though served through publication, the respondent has opted not to contest this petition.3. Petitioner's learned Counsel, Sh. Anand, submits that Court's process has been abused by the respondent-complaint for settlement of a dispute which, being purely civil in nature, would not warrant initiation of criminal proceedings. And that the learned Magistra...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2009CriLJ2283
ORDERNarendra Nath Tiwari, J.1. The petitioner has prayed for quashing the order dated 11-10-2004 passed by learned 3rd Additional Sessions Judge, Fast Track Court, Jamtara in Cr. Revision No. 14 of 2004/4 of 2004 confirming the order dated 1-4-2004 passed by learned Chief Judicial Magistrate, Jamtara in P.C.R. Case No. 168 of 2003 and Nala P.S. Case No. 13 of 2003, whereby learned Chief Judicial Magistrate has taken cognizance of the offences under Sections 182 and 211 of the Indian Penal Code.2. The allegation made in the case was that the petitioner's son namely Bidhan alias Laltoo, who was unemployed, was taken by opposite party No. 2 on the assurance that he will arrange a job for him. For that purpose he had also demanded Rs. Fifteen thousand. The petitioner had managed a sum of Rs. Ten thousand and had given the same to the opposite party No. 2 on 18-6-2002. The opposite party No. 2, after some time, had returned home, but the petitioner's son did not return. On enquiry the oppo...
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