Jammu and Kashmir Court March 2008 Judgments
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Balkar Singh Vs. State
Court: Jammu and Kashmir
Decided on: Mar-31-2008
Reported in: 2008(2)JKJ439
J.P. Singh, J.1. Appellant has been convicted and sentenced to seven years imprisonment and a fine of Rs. 10,000/- and in default thereof, to further simple imprisonment of two years under Section 376 RPC and to one years imprisonment and a fine of Rs. 1000/- and in default thereof to five months imprisonment under Section 448 RPC, by learned 1st Additional Sessions Judge Jammu, vide his judgment and order of April 23,2003 and May 12,2003 respectively.2. He has appealed to this Court against the sentence awarded to him by the trial Court.3. The prosecution case, as it emerges from FIR No. 1 of 2000 registered at Police Station Bishnah on prosecutrix's report of January 5,2000 at about 13.45 hours is, that prosecutrix's husband was out in connection with his private employment and she was busy with her household work when at about 6 p.m, the appellant, without her permission, entered her room, forcibly laid her on a cot lying in the room, broke off her trouser knot and committed sexual ...
Oriental Insurance Company Vs. Mamta Devi and ors.
Court: Jammu and Kashmir
Decided on: Mar-31-2008
Reported in: 2009ACJ81,AIR2008J& K49,2008(2)JKJ204
J.P. Singh, J.1. These appeals arise out of award of September 25, 2006 of Motor Accidents Claims Tribunal Udhampur, allowing claim petition Nos. 37,39,38,21,47,30 and 11, awarding Rs. 5,45,064/-, 2,89,032/-, 5,73,000/-, 3,06,000/-, 4,07,400/-, 2,13,000/- and 3,21,000/- respectively in favour of, the claimants/dependants of those who had died, and claim petition Nos. 68, 33,52,36,181 and 37, awarding Rs. 2,50,000/-, 1,16,000/-, 36,000/-, 1,15,000/-, 70,000/- and 10,000/- to those who had been injured in the motor vehicular accident of Bus No. JK02G-6807 which had occurred on December 31,1999 near Omala More, Gordhi District Udhampur.2. Appellants' learned Counsel had raised a common question of law in all these appeals.3. Having heard the appeals together, these are being disposed of by this common judgment.4. Learned Counsel appearing for the Insurance Company, Mr. D.S. Chouhan, submits that the awards made by the Claims Tribunal in respect of the claims in question are bad in law bec...
Oriental Insurance Co. Ltd. Vs. Mohd. Ashraf and ors.
Court: Jammu and Kashmir
Decided on: Mar-31-2008
Reported in: 2009ACJ302,2008(2)JKJ434
J.P. Singh, J.1. Mohd. Ashraf, Mohd. Talib and Mohd. Arif minors had filed a claim application seeking an amount of Rs. 25,00,000 as compensation for the death of their father Mushtaq Ahmed who had died because of the injuries received by him when vehicle No. JK 02-G 6807 driven rashly and negligently by its driver had met with an accident at village Omala on Udhampur Ghordhi/Barmeen Road.2. Deceased was 28 years of age and had been earning an amount of Rs. 6,000 per month by rearing goats and sheep.3. The Motor Accidents Claims Tribunal, Udhampur, considered the minors claim on the basis of the evidence led by them because the appellant insurance company had opted not to lead any evidence in the case on the issues which for facility of reference are reproduced hereunder:(1) Whether on 31.12.1999, vehicle bearing No. JK 02-G 6807 met with an accident near village Umala, Udhampur due to rash and negligent driving of its driver in consequence of which deceased Mushtaq Ahmed aged 28 years...
Sumeet Arora Vs. State and ors.
Court: Jammu and Kashmir
Decided on: Mar-31-2008
Reported in: 2008(2)JKJ453
J.P. Singh, J.1. Invoking this Court's jurisdiction under Section 561-A of the Code of Criminal Procedure, Samvat, 1989, petitioner has filed this petition, seeking quashing of F.I.R No. 128/05, registered at Police Station, Kothi Bagh, Srinagar, under Sections 379/380/120-B RPC, and 8/25 Antiquities and Art Treasures Act, 1972.2. According to the petition, the petitioner possesses a Master Degree in Business Administration from Business School of Punjab University, Chandigarh and collecting of Coins is his hobby since childhood. He had served at various managerial positions with different organizations and had come to be posted as Assistant Manager, Customer Care, Bharati Tele-Ventures Limited (AIRTEL) Srinagar in 2005 when he was arrested by the Police and the Coins collected by him as his hobby were seized despite his apprising the police that collection of coins and possession thereof was not an offence under the laws in force in the State.3. His counsel Mr. Shakeel Ahmed submits t...
Mcfills Enterprises and anr. Vs. Navshesh Mahajaa and ors.
Court: Jammu and Kashmir
Decided on: Mar-27-2008
Reported in: 2008(2)JKJ451
J.P. Singh, J.1. Petitioners have filed this petition under Section 561-A of the Code of Criminal Procedure, seeking quashing of proceedings initiated by learned Judicial Magistrate First Class, (Forest Magistrate) Jammu, vide his order of November 21,2006 in issuing process against the petitioners under Section 420 RPC on respondent No. 1's complaint.2. I have gone through the compliant and statement of respondent No. 1 recorded on oath, in which the real grievance projected appears to be regarding non-execution of agreement by the petitioners for appointing respondent No. 1 as Super Stockiest of MCFILLS Enterprises despite receipt of an amount of Rs. 8 lacs and non-payment of the full amount claimed by him as cost of the expired products, and the charges payable to him in terms of petitioner's letter of January 28,2006.3. In order to appreciate the submissions of learned Counsel for the parties as to whether a case for issuance of process had been made out by respondent No. 1 against...
Commissioner of Customs and Excise Vs. Alu Bond Enterprises
Court: Jammu and Kashmir
Decided on: Mar-26-2008
Reported in: 2008(2)JKJ499
K.S. Radhakrishnan, C.J.1. This. Appeal has been preferred by the Commissioner of Customs and Excise, J&K; Jammu under Section 35G of the Central Excise Act, 1944. (for short the Act) The following substantial question of law was framed for reference by the appellant:Whether in the absence of any specific mention in Notification No. 79/2003-CE dated 22.12.2003, the Hon'ble court is correct in granting retrospective effect to the said Notification and remanding the case for grant of benefit based on such retrospective effect.2. Respondent preferred a caveat and raised a preliminary objection regarding the maintainability of appeal stating that the exemption notification has direct nexus with the rate of duty and hence under Section 35G of the Act no appeal would lie to the High Court but only before the Supreme Court under Section 35-L of the Act.3. Mr. V.K. Magoo, learned ASGI appearing for Union of India submitted that the appeal is maintainable, since the question framed is not havin...
State of J and K and ors. Vs. Manjeet Singh and ors.
Court: Jammu and Kashmir
Decided on: Mar-26-2008
Reported in: 2008(2)JKJ20
K.S. Radhakrishnan, C.J.1. The question that has come up for consideration in this case is whether the Contempt Court is justified in determining on what price the proprietory rights are to be conferred upon the petitioners2. The learned Single Judge who heard the contempt case has passed an interim order on December 16,. 2004 which is as good as a final order holding that the respondents (contemnors) cannot demand more than Rs. 2 lacs per kanal to transfer the proprietory rights in favour of the petitioners.3. The State of Jammu and Kashmir and its officers have come up with this appeal against the interim order passed by the learned Judge in the contempt proceedings, contending that Contempt Court has no jurisdiction to determine the amount to be paid by the petitioners for transfer of proprietary rights.4. Writ petition No. 933/95 was preferred by the petitioners (respondents herein) seeking a writ of mandamus directing the respondents to regularize the leased land measuring 6 kanal...
New India Assurance Co. Vs. Jeeto Devi and ors.
Court: Jammu and Kashmir
Decided on: Mar-25-2008
Reported in: 2008ACJ2297,2008(2)JKJ16
J.P. Singh, J.1. New India Assurance Company Limited has filed this appeal questioning Motor Accidents Claims Tribunal Jammu's award of August 26, 2005, awarding an amount of Rs. 4,10,000/- along with interest at the rate of 6% per annum to the parents of Master Kewal Krishan, who had died in a motor vehicular accident because of injuries received by him in the accident when he had been hit by rashly and negligently driven water tanker bearing registration No. JKP-2905, when he had been coming home after purchasing note books from Talab Tillo, Jammu.2. Learned Counsel for the Insurance Company, Mr. Baldev Singh, submits that the Tribunal had awarded excessive amount by way of compensation to the parents of the deceased when no evidence had been led by them indicating about the exceptional brilliance of the deceased, warranting higher amount of compensation. Learned Counsel referred to various judgments in which compensation to the parents for the death of their children in the age grou...
Hussan Ahmed Farooqi and ors. Vs. State of J and K and ors.
Court: Jammu and Kashmir
Decided on: Mar-25-2008
Reported in: 2008(2)JKJ81
Y.P. Nargotra, J.1. The common question arising in this batch of writ petitions is as to what should be the minimum and maximum age necessarily to be possessed by a candidate for being eligible to be appointed as a Prosecuting Officer.2. The Director General of Police vide his advertisement Notice dated 25.10.2007 invited applications as per the prescribed proforma from the permanent residents of J&K; State for the post of Prosecuting Officer in J&K; Police in the pay scale of Rs. 6500-200-10500 plus usual allowances as admissible from time to time.3. The minimum educational qualification, age and physical standard for the post have been prescribed as follows:I. Educational Qualificationi. Bachelors Degree from any recognized Universityii. Degree in LawII. AgeThe candidate must be within the age group of 18-30 years as on first day of January 2007. (The candidates born before 01.01.1977 and after 31.12.1998 shall not be eligible).III. Physical StandardFor Male candidates(a) Height = 5'...
Repujeet Bakshi and ors. Vs. State of J and K and ors.
Court: Jammu and Kashmir
Decided on: Mar-25-2008
Reported in: 2008(2)JKJ700
Y.P. Nargotra, J.1. The J&K; Public Service Commission, Jammu vide its Notification No.09 PSC of 2006 dated 28.12.2006, invited applications from the permanent residents of J&K; State for the post of Soil Conservation Assistant (Engg) Bio-gas Engineer and Technical Assistants against 23 posts available in the following break-up:--------------------------------------------------------------------OM RBA SC ST ALC SLC PHC Total--------------------------------------------------------------------09 05 04 04 01 - - 23--------------------------------------------------------------------The eligibility qualification prescribed for the post was B.Sc. Agriculture Engineering from a recognized institute or University.2. The Government by its order No. 18-Agri. of 1998 dated 12.01.1998, provided as follows:Whereas the Govt. of India under Soil Conservation Scheme prescribed that half of the strength of the staff in the Soil Conservation Scheme should comprise of Agriculture or Civil Engineers and t...
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