Court : Jammu and Kashmir
Reported in : 2008(2)JKJ739
Y.P. Nargotra, J.1. The J&K; Board of Professional Entrance Examination vide its advertisement Notice No. 02-BPEE of 2008 dated 25-1-2008 dated 25-1-2008 invited applications for admission to MD/MS/PG Diploma /Degree Courses. The petitioner was one of the candidates who offered her candidature. In the Exam/Test conducted by the Board of Professional Entrance Examination (hereinafter to the referred as the 'Board') the petitioner secured 236 marks out of 300 in Open Merit Category. The last selected candidate in the Open category had secured 213 marks. Respondent No. 7 Shaista Rashid who was a candidate under RBA category obtained 247 marks. The petitioner had offered the preferences with regard to the discipline and the colleges in the following order:(i) Radio Diagnosis: - Govt Medical College, Jammu(ii) Dermatology: - Govt Medical College, Jammu(iii) Dermatology: - Govt Medical College, Srinagar(iv) Paediatrics: - Govt Medical College, Jammu(v) Obs & Gynae: - Govt Medical College, Ja...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2008(2)JKJ744
Sunil Hali, J.1. This revision petition has been directed against the order of Ist. Additional District Judge, Bank Cases, Jammu dated 6.7.2007 whereby petitioner's application for setting aside ex parte decree has been dismissed.2. A suit for recovery for an amount of Rs. 9,26,169.26 NP was filed before the Additional District Judge, Bank Cases, Jammu. Notices were issued to the defendants. Defendant No. 1 petitioner did not appear despite service and consequently the case was set exparte against defendant No. 1 on 14.9.1998. Defendant No. 2 refused to accept service and the case was also set exparte by this Court on 27.8.1998. Defendants No. 3 and 4 contested the suit. Trial concluded in passing of decree against defendants for an amount of Rs. 9,26,169.26 NP with future interest @ 10% with quarterly rests. Petitioner-defendant No. 1 filed an application under Order 9 Rule 13 CPC for setting aside exparte decree on 16.10.2002. In the said application the petitioner stated that there ...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2008(2)JKJ732
Sunil Hali, J.1. A criminal complaint under sections 500,501 and 503 RPC has been filed against seven accused persons by respondent No. 1 before the trial court. It is alleged in the complaint that accused 2 and 7 published news item in Early Times in its issued dated 6.7.2005 levelling allegation that Mr. Raj Daluja not only cheated the court but has also deceived the police department. According to the complainant, the following contents in the items are defamatory and derogatory remarks which are quoted hereinbelow:Chairman JK Public School to face inquiry'' Jammu: Special Municipal Court Jammu has ordered inquiry against Raj Daluja son of Daswandi Ram in impersonate case. Mr. Raj Daluja is editor-in-chief of States Times newspaper and Chairman of JK Public School.'' Court observed that Raj Daluja has not only cheated the judiciary but also ditched the Police Department.'' The court observed that this is really a serious matter which requires to be investigated and all those guilty ...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2008(2)JKJ727
Sunil Hali, J.1. This revision petition has been preferred against an order passed by learned Additional District Judge (Bank Cases) Jammu. The said order has been passed by the court below in the course of seeking implementation of execution petition pending before the said court.2. Brief facts of this case are that a decree was passed by the trial court on 8.4.1996. It was an ex parte decree. An application came to be filed by the present petitioner and other defendants in the year 1997. The ground taken in the application was that they had no knowledge about the pendency of the suit in the court below. It was averred that the defendants were served by publication in Daily Excelsior which had no circulation in village Bharat in District Doda. It was also pleaded that they had no knowledge of English. The said application is pending before the trial court from 1997. The petitioner again failed to appear before the trial court and his application for setting aside the exparte decree wa...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2008(2)JKJ714
Sunil Hali, J.1. A suit for partition by metes and bounds and separate possession of House No. 444-A Gandhi Nagar, Jammu was filed by the plaintiff-respondent against the petitioner. The frame of the suit indicates that Plot No. 444-A Gandhi Nagar, Jammu was allotted to father of parties. The said house was built in the year 1965 and thereafter additions and alterations were made by the father of the parties from time to time as averred in the plaint. After his death he left behind petitioner-plaintiff and defendants No. 1 to 4 as legal heirs. plaintiff-respondents claims that the property be partitioned by meters and bounds. In their written statement, defendants admitted that Plot No. 444-A Gandhi Nagar, Jammu was allotted to father of the plaintiff and defendants. It has also been admitted by them that the house comprising of five rooms, two kitchen, one verandah, one bath room, one latrine and staircase was constructed by the father of the parties in the year, 1965. The defendant-r...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2008(2)JKJ723
Sunil Hali, J.1. A complaint under sections 500,501 and 502 RPC was filed before the trial court against the petitioner and four other respondents. The genesis of the complaint reveals that accused No. 1 to 5 in their Newspaper Early Times dated 31.5.2003 levelled an allegation that the Proprietor of JK Public School Kunjwani, Jammu is involved in flesh trading and has been supplying some female teachers and staff members to entertain higher ups in bureaucratic circle for his business interests. It is also alleged in the said complaint that the woman who was photographed nude with Gopal Arya Mission Proprietor Ashok Mahajan, was also a teacher of JK Public School. This was done to blackmail Ashok Mahajan. On this complaint coming up process under Section 500, 501, 502 Cr.P.C. was issued and the accused persons were summoned. Against this process, a revision was taken up before the 3rd Additional Sessions Judge, Jammu. Following grounds were taken up before the 3rd Additional Sessions J...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2008(2)JKJ713
Sunil Hali, J.1. The petitioner is aggrieved of process issued by the trial court under sections 500,501 and 502 RPC against the petitioner and accused 2 and 3. It was alleged in the complaint filed by the complainant before the trial court that the petitioner is an Editor-in-Chief of Early Times and respondents No. 2 and 3 are its Executive Directors and Journalists of the said Paper.2. That a news item appeared in Early Times in its issue dated 31st May 2003 which was published both in English and Hindi. The detailed contents of Hindi as well as English versions of News item have been extensively quoted in the complaint. Sum and substance of the allegations indicated in the newspaper are scandalous as it has the affect of lowering the reputation of respondent No. 2 in the estimation of people. It is alleged in the news item that respondent No. 2 is involved in flesh trading and has been supplying some female teachers and staff members to entertain higher ups in bureaucratic circle fo...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2008(2)JKJ748
Y.P. Nargotra, J.1. Through this writ petition, the petitioners seek to question the validity of Chief Electoral Officer's order dated 28-11-06 by virtue of which they have been disqualified and order dated 18-4-07 passed by the J&K; Special Tribunal, Jammu whereby their appeal against the order of Chief Electoral Officer, has been dismissed.2. The facts which are not in dispute are that for 13 seats of Councilors in Municipal Committee, Doda elections were held on 12-2-2005, in which 8 candidates of National Conference, 4 Candidates of Congress-I and one independent candidate were elected as Councillors. Both the petitioners in this writ petition were admittedly elected as Municipal Councillors on the mandate of National Conference. a political party. The Municipal Councillors elected respondent No. 4 as President of the Municipal Committee, Doda by majority vote on 28-8-2006. Later on 'No Confidence' motion was moved against the President (respondent No. 4) who had also been elected ...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2008(3)JKJ253
Hakim Imtiyaz Hussain, J.1. 313 posts of teachers for District Baramulla falling within District cadre were notified by the State Service Selection Recruitment Board vide advertisement notice 1 of 1999 dated 9.3.2001. The qualification required for the post was 10+2 with 50% marks and above. The notification prescribed that 50% marks will, not apply to graduates and above and that experience was to be given preference. The notification further provided that the prescribed qualifications were minimum and mere possession of the same will not entitle a candidate to be called for interview and that in the event of the number of candidates for the post being large, the board shall restrict the number of candidates to be admitted in oral or written test in terms of Sub-clause (ii) of rule 13 of SRO 194 of 1992. The advertisement notice also provided that qualifications required should be as on last date of receipt of application. Initially the last date for receipt of the applications was 31...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2009CriLJ2216
ORDERHakim Imtiyaz Hussain, J.1. Ghulam Mohammad Bhat s/o. Jalal-ud-Din Bhat r/o. Hyderpora, Budgam (the detenu) has been detained by the District Magistrate, Udhampur under Section 8 of Jammu and Kashmir Public Safety Act, 1978 (for short the Act) vide Order No. PSA-2007/17 dated 19-12-2007. His son namely Irfan Ahmed Bhat (the petitioner) has, through the medium of the present petition challenged the order of detention on various grounds inter alia that a copy of the order of detention has not been furnished to the detenu, that there were no compelling reasons for directing preventive detention of the detenu with the detaining authority, that the grounds on the basis of which the detenu has been detained under the provisions of the Act are not only ambiguous, uncertain and untenable but are also untrue and that the proper procedure has not been followed by the detaining authority while directing preventive detention of the detenu.2. Petitioner has on these grounds, prayed for quashme...
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