Jammu and Kashmir Court June 2008 Judgments
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Fayaz Ahmad Misgar Vs. Faisal Fayaz and anr.
Court: Jammu and Kashmir
Decided on: Jun-30-2008
Reported in: 2008(3)JKJ215
Bashir A. Kirmani, J.1. This petition enshrines a prayer for quashment of proceedings under Section 488 Cr. P.C initiated by the magistrate below culminating into order of 8.11.07 where under petitioner/father was directed to pay maintenance @ Rs. 800/- per month each to respondents/sons. Grounds pleaded are that previously also proceedings under Section 488 Cr.P.C were going on between respondent children against petitioner father before a magisterial court which was compounded by them and petitioner/father paid an amount of Rs. 2,27,000/-to his wife divorced by them in lieu of maintenance and cost of nuptial properties. Maintenance @ Rs. 700/- was paid by petitioner/father to respondent/children also for a period of 20 months preceding the compromise, where after in terms of compromise respondents/mother would be liable to maintain them, if they lived with her. During course of submissions learned Counsel for petitioner reiterated contents of the petition as aforesaid and also conten...
Zareena Bano and Connected Matters Vs. State and ors.
Court: Jammu and Kashmir
Decided on: Jun-06-2008
Reported in: 2008(3)JKJ106
Bashir A. Kirmani, J.1. All these writ petitions being directed against identically similar Govt. orders emanating from the same administrative process and resulting in premature/compulsory retirement orders against writ petitioners have been clubbed and heard together and are accordingly bunched up for disposal under this common judgment.2. To gather the circumstantial backdrop of these petitions, the following para(s) may be borrowed from the judgment passed by this bench in a connected case (SWP 1965/03) on 27.12.2005:.With declared purpose of weeding out dead wood from public administration to improve efficiency, the Government vide circular No. 7-GAD of 2004 dated 7-5-2004, urged upon all Heads of Departments to start process of periodical review of the performance of officers/officials under their control and record appropriate remarks in their APRs. By another circular No. 5-GAD of 2003 dated 29-1-2003; all concerned were impressed upon to apprise General Administration Departme...
Mst. Chesfeeda Akhter Vs. Imtiyaz Ahmad Wani and ors.
Court: Jammu and Kashmir
Decided on: Jun-06-2008
Reported in: 2008(3)JKJ126
Bashir Ahmad Kirmani, J.1. This petition impugns an order dated January 20, 2007 of learned 3rd Additional Sessions Judge, Srinagar whereunder he admitted respondent to anticipatory bail and the order dated January 29, 2007 of Judicial Magistrate (Judge Small Causes Court), Srinagar whereunder regular bail was granted to the accused. Grounds pleaded are that both the orders were passed in violation of territorial jurisdiction of both the courts below and without observance of due procedure. During course of submissions, while petitioner's counsel has re-iterated the grounds urged in memo of petition, learned Counsel for respondent-State has almost conceded the petition while none has appeared to argue for the private respondents.2. I have heard learned Counsel and considered the matter. Perusal of the records of learned 3rd Additional Sessions Judge, Srinagar reveals that the application for bail in anticipation of arrest was moved on behalf of the accused who were involved in an offen...
Mohammad Teli and ors. Vs. State and ors.
Court: Jammu and Kashmir
Decided on: Jun-06-2008
Reported in: 2008(3)JKJ130
Bashir A. Kirmani, J.1. Claiming to have been appointed as 'Watch and Ward Personnel' in respondent-Sericulture Department under order No. 4763-64/M.S/90 of 01.02.1990 and suffering stoppage of salary, the petitioner-decree holders herein instituted a suit on 31st July 1990 tried and decreed by Munsiff, Anantnag, on 31.11.1992, ex-parte against respondents, declaring petitioners as validly appointed 'watch and ward personnel' of respondent-department, annulling whatever orders of termination might have been passed against them and directing their continuance service right since 1st of Feb. 1990 the claimed date of their appointment and declaring them entitled to pay allowance accordingly, along with prohibiting the department from interfering into discharge of their functions and concluded the decree with a direction for compliance thereof within one month from the date of passing it. Naturally thereafter petitioner-decree holders sought execution of decree against respondent-departmen...
National Insurance Company Ltd. Vs. Bashir Ahamd Wani and ors.
Court: Jammu and Kashmir
Decided on: Jun-06-2008
Reported in: 2008(3)JKJ136
Bashir A. Kirmani, J.1. One Iqbal Ahemd wani a 20 years old Second Year Engineering Student, died in a vehicular accident at Chadoora on 12.03.2003 involving a vehicle insured with appellant company, whereupon his parents, brothers and sisters claimed compensation which was awarded by MACT Budgam on 29.06.07 to the tune of Rs. 5.30 lacs with interest at 9% p.a. from date of claim i.e. 6.5.03 till it's realization and also funeral expenses.2. Feeling aggrieved, appellant Insurance Company challenges the same on the ground that the award is exorbitantly over quantified as the deceased was only a student. During submissions their counsel while further elucidating contents of appeal has also contended that MACT below was wrong in fixing the monthly income of deceased at Rs. 5000/- as there was no evidence to support the same and also erred in holding brothers and sisters of deceased entitled to compensation which is not justified in circumstances of the case. In response counsel for respon...
Fareeda Akhter Vs. State of J and K and ors.
Court: Jammu and Kashmir
Decided on: Jun-06-2008
Reported in: 2008(3)JKJ138
Bashir Ahmad Kirmani, J.1. Petitioner herein seeks quashment of criminal proceedings purporting to have been initiated by concerned police which ultimately culminated in seizure/attachment of her residential house situated at Saderbal, Srinagar wherefrom she has reportedly been driven out after the seizure.2. It appears that way back in 2007 her husband, namely, Gulam Hassan Mir was arrested on information and found to be an active militant of Hizb-ul-Mujahiddin (a militant organization) who is reported to have informed his interrogators that he had constructed a house in the name of his wife at Saderbal, Sriangar out of the money which he got and collected by terrorist activities whereupon concerned police while invoking the provisions of Unlawful Activities (Prevention) Amendment Act, 2004 seized the house after Deputy Commissioner's furnishing a questionnaire to the petitioner herein regarding sources from where she constructed the same.3. Grounds pleaded to assail the proceedings a...
State of J and K and ors. Vs. Zamindaran of Villages and ors.
Court: Jammu and Kashmir
Decided on: Jun-06-2008
Reported in: 2008(3)JKJ1
1. This appeal has been preferred by Principal Secretary to Government, Industries and Commerce Department, J&K; State and two others aggrieved by judgment of the learned Single Judge upholding the findings returned by the Reference Court in file No. 22-Reference.2. The department (Industries and Commerce Department of J&K;) had made requisition for acquiring land for establishment of Industrial Estate. Industries and Commerce Department vide letter dated December 4, 1989 placed an indent for acquisition of land measuring 1000 Kanals at Ompora village for establishment of an Industrial Estate. Tehsildar Budgam furnished Shajrah Khasra of the land measuring 999 Kanals and 136 sqft. comprising different Khasra numbers of village Khanpora, Ompora and Zarigund respectively. Notification under Section 4(1) of the Land Acquisition Act was issued by the Collector Land Acquisition Budgam on December 12, 1991 calling upon the interested parties to file their objections which was also published ...
Collector Land Acquisition Vs. Qadir Thoker and ors.
Court: Jammu and Kashmir
Decided on: Jun-06-2008
Reported in: 2008(3)JKJ182
Bashir Ahmad Kirmani, J.1. This appeal impugns an order passed by Principal District Judge, Budgam wherunder he dismissed appellant's application for setting aside an ex parte award/decree passed by him on March 2,1998 under Section 18 of Land Acquisition Act whereunder he had enhanced the amount of compensation from Rs. 10,060 to Rs. 1,32,874 and 1,80,000 per kanal. Grounds pleaded are that the proceedings in court below were conducted ex parte against the petitioner-appellants of which they got information only on July 15, 1998 immediately whereafter they moved the application. During course of submissions, while appellant's counsel has re-iterated contents of appeal and also contended that the ex parte award passed by learned trial Judge against Government creates a financial liability of around Rs. 3.00 crores on public exchequer in view whereof the matter should have been considered on merit after setting aside of the ex parte proceedings, while in his written submissions responde...
State of J and K Vs. Amjid HussaIn Ansari
Court: Jammu and Kashmir
Decided on: Jun-06-2008
Reported in: 2008(3)JKJ185
Bashir Ahmad Kirmani, J.1. Proceedings for acquisition of land measuring 122 kanals 13 Marias situate at Sharief Abad, District Budgam were initiated by Collector of Power Development Department for construction of Grid Station. Notice under Section 4 for said acquisition had been issued previously by the then Collector under No. 66067 dated April 18,1989 initially for 264 kanals 16 Marias of land for Gas Turbine which was later modified to restrict the acquisition to 122 kanals 13 Marias of land only as aforesaid. Vide his order No. 1403-07 dated February 2,1995, concerned Collector recommended per kanal rates which was approved by competent authority whereupon per kanal rate of Rs. 55,731/34600 was awarded for the acquired land. Feeling aggrieved and accepting compensation under protest respondent herein appears to have represented before concerned Collector for making a reference under Section 18 of Land Acquisition Act to the District Judge for enhancement of compensation which app...
Gh. Nabi and ors. Vs. Gulla
Court: Jammu and Kashmir
Decided on: Jun-05-2008
Reported in: 2008(3)JKJ127
Bashir A. Kirmani, J.1. During inspection of the records of various courts in District Kupwara, following files of Executive Magistrate/Assistant Commissioner Kupwara, were retained. Perusal, thereof revealed that judicial intervention might be called for, so, the files were had listed after assumption of revisional jurisdiction to assess the legality etc. of orders passed and proceedings held therein.2. Perusal of file No. 9 of 2007 captioned 'Gh. Nabi v. Gulla and Ors.' reveals that while, proceedings Under Section 145 of Cr.P.C, Ld. Executive Magistrate passed two orders on 4th June 2007, under one he attached the allegedly disputed land and under another directed issuance of notice to other side and pasting of copy thereof near the attached land; which ex-facie suggests that attachment order under Sub-section (4) of Section 145 was passed before the preliminary order Under Section 145(1), only whereafter he could have assumed jurisdiction. The proceedings thus ex-facie suffer from ...
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