Court : Jammu and Kashmir
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...
Tag this Judgment!Court : Jammu and Kashmir
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...
Tag this Judgment!Court : Jammu and Kashmir
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...
Tag this Judgment!Court : Jammu and Kashmir
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...
Tag this Judgment!Court : Jammu and Kashmir
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...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2008(2)JKJ484,(2009)IVLLJ706J& K
K.S. Radhakrishan, C.J.1. Government of Jammu and Kashmir, in exercise of its powers conferred on it under Section 5 of the J&K; Shops and Establishments Act, 1966, exempted Food Corporation of India from paying overtime allowance at double the rate of its employees stationed in the State of Jammu and Kashmir vide its order dated September 23,1988. However, it was ordered that other benefits which were available to the employees under the provisions of the said Act shall remain intact.2. The Government notification was challenged by petitioners on various grounds. Contention was raised that the Government did not have power under Section 5 of the Act to grant exemption from a part of the provisions of the Act; either it can exercise its power fully or not at all, but not partly. Further, it was also contended that the Corporation, which falls within the provisions of the Act, could demand overtime work only if they could agree to pay wages twice the ordinary wages which is a statutory ...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2010ACJ97
Mansoor Ahmad Mir, J.1. This appeal is directed against the judgment and award dated 14.11.2006 passed by Motor Accidents Claims Tribunal, Srinagar in a claim petition titled Abdul Majid Bhat v. Mohd. Yousuf Khan file No. 17 of 2004, date of institution 16.2.2004; decided on 14.11.2006 (for short 'the impugned award').Brief facts:2. Claimants-respondent Nos. 1 to 8 filed a claim petition before the learned Motor Accidents Claims Tribunal, Srinagar for grant of compensation on the ground that they are the heirs/legal representatives of Mohammad Yaqoob Bhat, who lost his life in a road accident, which was caused by driver, namely, Mohammad Yousuf Khan, respondent No. 9 while driving the offending vehicle Matador Tata 407 bearing registration No. JK 01-F 9547 rashly and negligently at Nowgam Chowk. The deceased was 30 years of age and was earning Rs. 15,000 per month. Further, it is averred in the claim petition that he was sole source of income to the claimants-respondent Nos. 1 to 8 and...
Tag this Judgment!Court : Jammu and Kashmir
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 ...
Tag this Judgment!Court : Jammu and Kashmir
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. ...
Tag this Judgment!Court : Jammu and Kashmir
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...
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