Jammu and Kashmir Court April 2008 Judgments
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New India Assurance Co. Ltd. Vs. Harbans Lal and anr.
Court: Jammu and Kashmir
Decided on: Apr-30-2008
Reported in: 2009ACJ835
J.P. Singh, J.1. Harbans Lal had filed a claim petition before the Motor Accidents Claims Tribunal, Ramban, seeking an amount of Rs. 10,40,000 as compensation for 40 per cent disablement suffered by him because of the injuries he had received while driving truck No. JK 02-D 3198 from Jammu to Srinagar on 2.8.1999 when it had gone out of control because of failure of its brakes at Kela Morh near village Seri at 6 p.m.2. The Claims Tribunal had put the parties to the issues which read thus:(1) Whether petitioner aged 30 years, driver by profession, earning Rs. 3,000 per month, was injured while driving truck No. JK 02-D 3198 on 2.8.1999 at Kela Morh, Ramban and sustained injuries and permanent disability to the extent of 40 per cent? OPP(2) Whether on the day of occurrence, truck No. JK 02-D 3198 was owned by respondent No. 1 and was insured with respondent No. 2? OPP(3) What compensation the petitioner is entitled to?3. New India Assurance Co. Ltd., the insurer of vehicle No. JK 02-D 31...
Om Parkash Vs. Oriental Insurance Co. Ltd. and ors.
Court: Jammu and Kashmir
Decided on: Apr-29-2008
Reported in: 2009ACJ2798
J.P. Singh, J.1. Claiming compensation of Rs. 1,57,000 for the damage caused to his house and movables lying therein when vehicle No. JK 02-G 3929, driven rashly and negligently by Vijay Kumar, its driver had steered off the road near Suankha Morh, Vijaypur and barged into his newly constructed residential house, Om Parkash, owner of the house had filed Claim Petition No. 739/Claims in Motor Accidents Claims Tribunal, Jammu.2. His claim petition was contested only by Oriental Insurance Co. Ltd., the insurer of the offending vehicle because the owner and driver of the vehicle had opted not to appear before the Tribunal to contest the claim.3. The Tribunal had framed following issues to decide the claim petition, which for facility of reference are reproduced hereunder:(1) Did the petitioner suffer damage to his property in an accident which occurred on 26.2.2000 due to negligence of the driver of the vehicle bearing No. JK 02-G 3929? OPP(2) If issue No. 1 is proved, what compensation pe...
Puneet Chopra Vs. State and ors.
Court: Jammu and Kashmir
Decided on: Apr-25-2008
Reported in: 2008(2)JKJ780
Hakim Imtiyaz Hussain, J.1. Through the medium of this petition, Puneet Chopra, S/o late Sh. R.B. Chopra, R/o Trikuta Nagar, Jammu has prayed for investigation of case FIR No. 107/2006. Police Station, Bahu Fort, Jammu by the CBI.2. The relevant facts, in brief are that on 18.9.2006 at 10.30 p.m. Police Station, Bahu Fort (Trikuta Nagar) received information about the murder of petitioner's parents end sister namely Sh. R.B. Chopra, Madhu Chopra, and Saloni Chopra. On this, FIR No. 107/06 under Section 302 RPC was registered and investigation was started by the Station House Officer, Inspector Mohd Rafiq Manhas. On preliminary investigation, it was found that five persons have been brutally killed and that there was no trace of the accused. In these circumstances, a Special Investigation Team (SIT) was constituted of 11 Gazetted Police Officers headed by one IPS Officer of the rank of Superintendent of Police. Since the date of occurrence, the team is conducting investigation in the ca...
Manzoor Ahmad Vs. State of J. and K. and ors.
Court: Jammu and Kashmir
Decided on: Apr-25-2008
Reported in: 2009CriLJ4227
ORDERBashir A. Kirmani, J.1. Impugned in this writ petition with a prayer for its quashment is the detention order No. PSA-2007/01 purporting to have been passed by District Magistrate, Reasi on 3-11-2007, whereunder one Manzoor Ahmad S/o Abdul Aziz Gujjar R/o Dhakikote is currently undergoing detention.2. Ground pleaded in support of prayer is that the detention order passed against petitioner is based on non-existing circumstances and is legally untenable as having been passed in violence of procedure particularly because even though illiterate and unable to understand English, grounds of detention have been furnished to the detenu in that language which he could not understand. During course of submissions, petitioner's counsel while further elucidating contents of the petition has also informed that the criminal case on basis whereof the detenu was originally arrested has already been dismissed, which belies the basis of his detention regarding which no satisfaction too has been re...
Mohd Rafiq Vs. State
Court: Jammu and Kashmir
Decided on: Apr-24-2008
Reported in: 2008(2)JKJ469
K.S. Radhakrishnan, C.J.1. This petition has been filed under Section 561-A of the Code of Criminal Procedure for quashing the proceedings pending in the Court of Sessions Judge, Poonch arising out of FIR No. 177/2006 registered at Police Station Mandhir.2. Petitioner, accused was charge sheeted for offences under Sections 302/307 read with Section 120-B RPC by the Sessions Judge Poonch vide order dated September 8, 2007 the correctness of which is under challenge in this petition.3. Short facts which are necessary for disposal of this case are that on December 8,2006 the army and local police of Mandhir were jointly conducting search operation in Banola, Kanetti, Salwah and other villages of Mandhir. While doing so, they received information that accused Mohd Rafiq along with his son Ranees, who were alleged to be upper-ground members of the banned organization, Lashkar-e-Toyba, had entered into a criminal conspiracy with a militant for making murderous attack on the searching party. ...
Sham Lal Sharma Vs. State of J and K and ors.
Court: Jammu and Kashmir
Decided on: Apr-24-2008
Reported in: 2008(2)JKJ474
K.S. Radhakrishnan, C.J.1. This petition has been filed under Section 561-A of the Code of Criminal Procedure seeking following reliefs:(1) Quashing of FIR No. 80 of 1995 registered with Police Station Vigilance Organization, Jammu for offence under Section 5(2) of the Prevention of Corruption Act, Samvat 2006 read with Sections 9/11/12/14 of the Jammu & Kashmir Public Men and Public Servants (Declaration of Assets and Other Provisions) Act, 1983;(2) Quashing of order dated September 29, 2007 whereby court of Special Judge Anti-Corruption, Jammu has framed charges against the petitioner under the aforementioned provisions of law and directed trial of the petitioner for the said offences;(3) Prohibition restraining the court below from proceeding with trial of the petitioner.2. Court of Special Judge, Anti-Corruption, Jammu, after perusing the final investigation report submitted by the Commissioner, Vigilance Organization and the Government order according sanction for prosecution, dat...
Amar Singh Club Vs. Union of India (Uoi) and ors.
Court: Jammu and Kashmir
Decided on: Apr-24-2008
Reported in: 2008(2)JKJ509,[2009]184TAXMAN481(NULL)
K.S. Radhakrishan, C.J.1. The question raised in this case is whether the receipt of interest on FDRs and Bank deposits is covered by principle of mutuality and hence is liable to tax even though it does not constitute business activity of the club2. The Income Tax Tribunal disposed of two appeals by a consolidated order dated October 24,2006 relating to assessment years 2003-04 and 2004-05. Grievance raised by the assessee for both assessment years was that the Commissioner of Income-tax was not justified in upholding the additions of Rs. 2,55,182 for the assessment year 2003-04 and Rs. 2,06,090 and Rs. 25,598 for the assessment year 2004-05 as made by the Assessing Officer. In the returns of income for both the assessment years the assessee, on the principle of mutuality, had claimed exemption in respect of interest income of Rs. 2,55,182 and Rs. 2,06,090 on Bank deposits and FDRs for the assessment years 2003-04 and 2004-05, The Assessing Officer had observed that interest from the ...
Building Operations and ors. Vs. Mst. Shameema and anr.
Court: Jammu and Kashmir
Decided on: Apr-24-2008
Reported in: 2008(3)JKJ322
J.P. Singh, J.1. Building Operations Controlling Authority has filed this writ petition seeking quashing of Jammu and Kashmir Special Tribunal Srinagar's order of April 1, 2002 whereby while entertaining respondent No. 1's appeal against petitioners' demolition order of March 16, 2002, the Tribunal had, as an interim measure, permitted respondent No. 1 to raise the construction, which had been found by the petitioner to be un-authorized, subject to her filing an undertaking that she would alter the structure in question at her own expense in case her appeal before the Tribunal would not succeed.2. Learned Counsel for the petitioners Mr. B. A. Khan assails the Tribunal's order as without jurisdiction urging that the Appellate Officer appointed under Section 13 of the Jammu and Kashmir Control of Building Operations Act, 1988 does not possess any such jurisdiction which may vest any authority in him to permit continuance of the construction which had been found by the petitioner-authorit...
New India Assurance Company Vs. Fayaz Ahmad and ors.
Court: Jammu and Kashmir
Decided on: Apr-24-2008
Reported in: 2008(3)JKJ284
Mansoor Ahmad Mir, J.1. Appeals titled above are directed against the judgment and award dated 28th of September, 2006 passed by Presiding Officer, Motor Accident Claims Tribunal, Srinagar, whereby and whereunder twenty claim petitions filed under Section 166 of Motor Vehicle Act, for short the Act, by the victims of vehicular accident (claimants) came to be allowed and appellant-insurer came to be saddled with the liability.2. It is necessary to notice the brief facts of the case herein;The victims of vehicular accident-claimants filed twenty claim petitions for grant of compensation on the grounds that offending vehicle (passenger-bus) bearing No. 5258-JKC was being driven by its driver, Fayaz Ahmad, rashly and negligently on 3rd of November, 2001 on Srinagar-Bandipora Road at Saderkote Payeen and caused accident, twenty persons traveling in the said offending vehicle sustained injuries and succumbed to the injuries whereas 45 suffered injuries. Respondents filed reply/objections and...
United India Insurance Co. Ltd. Vs. Dedri and ors.
Court: Jammu and Kashmir
Decided on: Apr-24-2008
Reported in: 2009ACJ2759
Mansoor Ahmad Mir, J.1. This civil first miscellaneous appeal is directed against the award and judgment dated 20.9.2007 passed by Motor Accidents Claims Tribunal, Baramulla in claim petition titled Dedri v. Habibullah Malla (for short 'the impugned award').Brief facts:2. One Prithipal Singh, a driver, was driving the truck bearing registration No. JK 01-B 0566 on 9.6.1997 and caused an accident near Peeda Batote due to rash and negligent driving as averred. The offending vehicle/truck rolled down into river Chenab and the driver, Prithipal Singh; conductor, Farooq Ahmad Gujree and two passengers, namely, Ahmad Ali Hajam and Mohammad Maqbool Hajam died. The claimant-respondent No. 1, Dedri, being the mother of the deceased, Farooq Ahmad Gujree, conductor filed a claim petition before the Tribunal for awarding compensation to the tune of Rs. 38,30,000. It is averred in claim petition that deceased Farooq Ahmad Gujree was conductor by profession and was earning Rs. 5,000 per month and sh...
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