Jammu and Kashmir Court February 2009 Judgments

Vivek Sharma and ors. Vs. Som Dutt and ors.

Court: Jammu and Kashmir

Reported in: AIR2010J& K40

ORDER1. Order dated 2nd of June 06, passed by a learned single Judge of this Court whereby the Civil 1st Miscellaneous Appeal (CIMA) No. 198/03, filed by the appellants has been dismissed, is the subject-matter of challenge in the present Letters Patent Appeal.2. The facts in brief for the disposal of this appeal are that one Shiv Kumar Sharma, while travelling in a matador which met with an accident on 5th of Aug' 94, suffered serious injuries. His left foot got completely crushed. A claim petition came to be filed by him before the Motor Accidents Claims Tribunal Jammu (hereinafter referred to as the Tribunal). The learned Tribunal vide order dated 22nd of Feb '02, passed an award of Rs. 3,23,000/- minus interim relief, along with interest @ 9% per annum in favour of the claimant. The learned Tribunal, however, was of the view that as the offending vehicle was not insured with the insurance company at the time of accident, the award would be satisfied by the owner and driver of the o...

Mohar Singh and anr. Vs. State

Court: Jammu and Kashmir

Reported in: 2009CriLJ4688

Mohammad Yaqoob Mir, J.1. Loss of temper is always fraught with dangerous consequences. Mankind, when losses temper, becomes irrational, commits acts which, at times, become ferocious. Trivial, issue regarding release of cow without permission of accused No. 1 has resulted in loss of life of a young lady, married just two years prior to the date of occurrence so has been deprived of enjoying so many summers of her life. Attempt to style homicide as suicide has proved abortive.2. This appeal is directed against the judgment passed by learned Sessions Judge, Udhampur, whereunder accused No. 1 has been convicted for commission of offences punishable under Sections 302 and 201, RPC and sentenced to life imprisonment and fine of Rs. 1000/-, in default whereof to undergo further imprisonment of three months and also sentenced to undergo simple imprisonment of six months and to pay fine of Rs. 1000/- and in default to undergo simple imprisonment of one month under Section 201, RPC. Accused No...

Qazi Shabir Ahmed Vs. Income Tax Officer and ors.

Court: Jammu and Kashmir

Reported in: (2009)224CTR(J& K)160,[2009]183TAXMAN220(NULL)

1. Through this appeal the appellant calls into question orders passed by Tribunal (Amritsar Bench) dt. 30th Oct., 2008; order passed by CIT(A) dt. 17th Jan., 2008 and order of assessment passed by respondent No. 12. This appeal is filed in terms of Section 260A of IT Act of 1961 for short (the Act of 1961).It would be appropriate to mention here, that though, appeal is filed against the judgment/order of Tribunal (Amritsar) but the said authority has not been impleaded as party respondent in this statutory appeal.3. The basic order of assessment has been passed by respondent No. 1, whereby and whereunder, net taxable income of the appellant for the asst. yr. 2004-05 has been found to be Rs. 16,13,800, and the income-tax leviable on and recoverable from the appellant has been found to be Rs. 6,45,436. The assessment order passed by the respondent No. 1 also intimates the appellant about initiation of penalty proceedings under Section 271(1)(c) of the Act of 1961. The appellant being ag...

Enclave Jewellery Ltd. Vs. State of J and K and ors.

Court: Jammu and Kashmir

Barin Ghosh, C.J.1. Section 15-A of the Jammu and Kashmir General Sales Tax Act, 1962 authorises establishment of check posts and inspection of goods in transit. The said section requires establishment of such check posts for inspection of goods in transit by notification to be published in the Government Gazette. The section authorises the Officer-in-Charge of the Notified Area or the Commissioner or any other officer, not below the rank of Inspector, but authorised by the Commissioner, to require facilitation of inspection and checking of goods in transit. Sub-section (4)(a) of the said section authorises contraband found in course of inspection and checking to be seized and Sub-section (9) of the said section prescribes the mode of furnishing security in respect of the amounts dealt with under Sub-section (4)(a) of the said section.2. In the instant case, power has been exercised under Section 15-A and the place where the goods of the appellant were checked and inspected, was duly n...

Sheela Kumari Vs. State and ors.

Court: Jammu and Kashmir

Sunil Hali, J.1. The petitioner has filed this petition seeking her appointment in terms of SRO 43 of 1994. The husband of the petitioner was working as Assistant Accounts Officer in the Finance Department. He died in harness. Petitioner claims her appointment on compassionate grounds in terms of the aforementioned SRO. 2. This Court while considering the writ petition directed the respondents to give appointment to the petitioner on a suitable post in accordance with SRO 43 of 1994 by relaxing her age. The exercise to be undertaken with regard to the appointment of the petitioner had to be completed within a period of three months from the date the copy of the order was made available by the petitioner to the respondents.3. Thereafter, respondent-State filed Letters Patent Appeal against the said order. Division Bench allowed the appeal on 22-11-2002 on the ground that the respondents, who were not heard before passing the aforementioned order shall heard. The reply filed by the respo...

Dr. N.C. Prabhakar Vs. State and ors.

Court: Jammu and Kashmir

Sunil Hali, J.1. The petitioner has questioned the order dated 22-1-2001 passed by the respondents. Interms of this order the punishment of with holding three increments having the effect of postponing his future increments, was imposed by the respondent No. 1. The petitioner has questioned this order essentially on the ground that the copy of the inquiry report was not given to him before imposing the aforementioned punishment. He states that the Inquiry Officer had concluded the inquiry proceedings and forwarded the same to the respondent No. 2. The petitioner was entitled to be served with inquiry report so that he could make effective representation against the proposed punishment.2. In order to understand this controversy some brief facts are required to be given as follows.3. The petitioner was appointed in the Planning Department and was sent on transfer under Rule 27 of Classification, Control & Appeal Rule of 1956, to the Education Department. During his tenure in the Educatio...

Ashu Chopra Vs. Neghat Khanam

Court: Jammu and Kashmir

Reported in: AIR2010J& K6

Sunil Hali, J.1. The parties are litigating over possession of a shop bearing No. 26 North Block, Bhau Plaza, Jammu. Petitioner in Civil Revision No. 159/07 claims to be a tenant in the aforementioned shop of the respondent, while as petitioner in Civil Revision No. 216/07 claims to be in possession of the shop but admits the respondent in Civil Revision No. 216/07 as partner in the said shop. Both the parties are aggrieved by the orders of the courts below in the present revision petitions. In order to appreciate the controversy, it is necessary to give brief facts of the case.2. A civil suit has been filed by the petitioner before the trial court, claiming to be a tenant of the respondent. It is further contended that the shop has been let out to the petitioner on a monthly rent of Rs. 7000/-. Petitioner after taking possession of the shop, started business of kids wear, readymade garments and artificial jewelry under the name and style of M/s Abheer Kids Wear. In support of his cont...

Shahzada Parveen and anr. Vs. State of J and K and ors.

Court: Jammu and Kashmir

Mohammad Yaqoob Mir, J.1. Irresponsible approach of then Programme Officer ICDS, Pulwama has entangled the petitioners into prolonged litigation; they have suffered for no fault.2. The admitted position of the case is that ICDS projects which include ICDS, Pulwama were sanctioned vide Government Order No. 129-SW of 1996 dated 14.12.1996. Seventy-nine honorary posts of Anganwadi Workers (AWW) were created for ICDS, Project Pulwama. Committee had been constituted for selection of the posts. The honorary posts of AWW were put to advertisement; finally selection list was prepared wherein petitioners respectively figured at Serial No. 14 and 2 as is clear from the copy of the select list. The said list was approved. The Programme Officer, ICDS, Pulwama was directed by the Chairman, Selection Committee that the necessary orders shall be issued in favour of the candidates to be engaged on the monthly honorarium of Rs. 800/- in case of matriculates and above and Rs. 700/- in case of non-matric...

Ajmer Singh Sindhu Vs. Madhur Sidhu

Court: Jammu and Kashmir

Reported in: AIR2010J& K42

ORDERNirmal Singh, J.1. An important question of law involved in the present petition is as to whether a suit filed for maintenance under Section 18/20 of Hindu Adoption and Maintenance Act, 1950, without affixing the court-fee can be entertained as a petition.2. The facts in brief are that the respondent filed a civil suit claiming maintenance from the petitioner @ Rs. 6000/- per month. The suit so filed was accompanied with the court-fee of Rs. 12.50. An objection was taken by the petitioner (defendant) before the Court below that the suit filed by the respondent (plaintiff) has not been valued in terms of Section 7(ii) of the Court Fees Act, 1977. The said Section, for facility of reference is being reproduced below:7(ii) for maintenance and annuities ;- In suits for maintenance and annuities or other sums payable periodically according to the value of the subject-matter of the suit and such value shall be deemed to be ten times the amount claimed to be payable for one year.3. On th...