Jammu and Kashmir Court December 2010 Judgments
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United India Insurance Company Ltd. Vs. Krishna Devi and ors.
Court: Jammu and Kashmir
Decided on: Dec-30-2010
1. Krishna Devi-respondent s Claim for compensation for the death of her son Raj Kumar, who, received head injury, besides other multiple injuries while sitting in his Autorikshaw near Cinema Hall, Katra, when hit by a rashly and negligently driven Bus No. DLIP-1521 on February 27, 1999, was allowed by the Motor Accidents Claims Tribunal, Reasi vide its Award of August 31, 2007, directing the United India Insurance Company Limited to pay her Rs.3,81,400/- along with interest, as compensation, finding that her son had died because of the injuries received in the accident, which had occurred as a result of the rash and negligent driving of Bus bearing registration No. DLIP-1521. Aggrieved by the Award, the Insurance Company has appealed to this Court.2. Appellants learned counsel submitted that the quantum of compensation awarded by the Tribunal as payable to the respondent was excessive having been determined adopting untenable method for assessment of compensation. The finding of the T...
Mansha Begum and anr. Vs. State of Jandk, and ors.
Court: Jammu and Kashmir
Decided on: Dec-30-2010
1. The petitioners-Mansha Begum and Phultaj were recommended for engagement as Rehbar-e-Taleem in the Upgraded Primary School, Morian by the Village Level Education Committee. The Panel prepared by the Committee was later substituted by another Panel of seven persons, which included M/s Sajda Kosar and Tahira Kosar, respondent Nos. 5 & 6. The petitioners did not, however, figure therein.2. The dispute between the petitioners and respondent Nos.5 & 6 as to their entitlement to selection and engagement as Rehbar-e-Taleem came to be considered by the Deputy Commissioner, Rajouri, who opined that the candidates of hamlet Morian of Village Galuthi would also be eligible for engagement along with the residents of that part of hamlet Morian which was situated in Village Bhathian. Aggrieved by the decision of the Deputy Commissioner and claiming exclusive right of consideration to engagement as Rehbar-e- Taleem, to the residents of hamlet Morian falling in Village Bhathian, M/s Mansha Begum an...
Jaswant Singh. Vs. Ranjit Kour.
Court: Jammu and Kashmir
Decided on: Dec-30-2010
1. The appellant-Jaswant Singh filed a Suit for permanent prohibitory injunction restraining the respondent-Ranjit Kour from alienating House comprising of three rooms, one bath room and a latrine situated at Hazuri Bagh, Jammu, on the plea that he had constructed it out of his own funds, and the respondent, his brother s widow, who was allowed to live and reside therein, as a licensee, had no right to dispose it of. Contesting the Suit, the respondent pleaded the Suit house to have been constructed by her husband on the land which had fallen to his share, denying that she was living there with the permission of the appellant. To decide the Suit, the parties were put to issues, which are reproduced hereunder:-1} Whether the plaintiff is exclusive and real owner of the house comprised of three rooms, one bath room, one latrine situated at Hazuri Bagh, Gole Gujral, Jammu and defendants are selling the house without any legal right? OPP2} Whether mother of the plaintiff Smt. Mathri Devi e...
Javed Iqbal, and ors. Vs. State of Jandk, and ors.
Court: Jammu and Kashmir
Decided on: Dec-29-2010
1. Government of Jammu and Kashmir in the Home Department accorded sanction to the placement of Eleven Inspectors of General Executive Cadre as I/C Deputy Superintendent of Police, in their own pay and grade with Charge Allowance, as admissible under rules, for a period of six months or till such time, the posts were filled up on regular basis on the recommendations of DPC/PSC whichever was earlier vide Government Order No. Home-123(P) of 2010 dated 04.02.2010.2. Javed Iqbal Naaz, Inspector of Police, figured at Serial No.11 of the List of the Officers placed as I/C Deputy Superintendent of Police indicating him to have been adjusted against the post reserved for persons belonging to the Reserved category of persons residing in the area adjoining Actual Line of Control, ALC, for short.3. Aggrieved by the placement of Javed Iqbal as I/C Deputy Superintendent of Police, Manzoor Hussain and Ahjaz Ahmad, Inspectors of Police, approached this Court by their Writ Petitions SWP Nos. 206 and 2...
Ghulam Mohd. Runyal. Vs. State of Jandk, and ors.
Court: Jammu and Kashmir
Decided on: Dec-29-2010
1. The petitioner-Ghulam Mohammad Runyal, a Sub Inspector of Police in the Police Department of the State Government, retired from service, on superannuation, on January 31, 2010, has approached this Court seeking quashing of the enquiry initiated/sought to be initiated by the respondents against him, besides a Command to the State-respondents to release his pensionary and other service benefits. The grievance projected by him in the Writ Petition is that the enquiry proposed to be initiated against him for remaining in service and receiving salary from the State Government for two years more than the date of retirement on the basis of his actual date of birth i.e. 12.01.1950 as against 12.01.1952, as projected at the time of entry into service, was unauthorized and unwarranted being against the provisions of Regulation 168-A of the Jammu and Kashmir Civil Service Regulations, 1956. Further grievance of the petitioner is that the stoppage of pensionary and other service benefits by the...
Pardeep Ett College of Education, and ors. Vs.State Th.Education Deptt ...
Court: Jammu and Kashmir
Decided on: Dec-27-2010
OWP No.1107/2010 CMP No.1509/2010OWP No.1123/2010 CMP No.1524/2010OWP No.1124/2010 CMP No.1525/2010OWP No.1100/2010 CMP No.1502/2010OWP No.1113/2010 CMP No.1515/2010OWP No.1110/2010 CMP No.1512/2010OWP No.1108/2010 CMP No.1510/2010OWP No.1094/2010 CMP No.1496/2010OWP No.1101/2010 CMP No.1503/2010OWP No.1248/2010 CMP No.1696/2010OWP No.1106/2010 CMP No.1508/2010OWP No.1105/2010 CMP No.1507/2010OWP No.1201/2010 CMP No.1626/2010OWP No.1194/2010 CMP No.1618/2010OWP No.1208/2010 CMP No.1636/2010OWP No.1204/2010 CMP No.1629/2010OWP No.1252/2010 CMP No.1700/2010OWP No.1314/2010 CMP No.1777/2010OWP No.1249/2010 CMP No.1697/2010OWP No.1121/2010 CMP No.1522/2010OWP No.1112/2010 CMP No.1514/2010OWP No.1104/2010 CMP No.1506/2010OWP No.1109/2010 CMP No.1511/2010OWP No.D-1129/2010 CMP No.1533/2010OWP No.1118/2010 CMP No.1520/2010OWP No.1122/2010 CMP No.1523/2010OWP No.1126/2010 CMP No.1527/2010OWP No.1125/2010 CMP No.1526/2010OWP No.1007/2010 CMP Nos. 1458/2010 & 1367/2010 OWP No.927/2010 CMP No.126...
M/S Reckitt Benckiser. Vs. Union of India and ors.
Court: Jammu and Kashmir
Decided on: Dec-23-2010
1. As the issues involved in all the writ petitions in hand are similar, they shall stand disposed of by a common order.2. In order to boost the industrial activity in the State of Jammu and Kashmir, so that the growth rate of industrial sector could be accelerated which could strengthen and broaden the infrastructure base of the State in general and industries in particular, minimize the unemployment problem, the State promulgated an Industrial Policy 1998-2003, 2004, which was to remain in operation till 31st of March 2015. As the desired results were not so good and there being no acceleration in the rate of growth of industrial sector primarily on account of the disturbed conditions in the State and competition from cheaper imported products coming into the country as a result of the policy of globalization and economic liberalization pursued by the Government of India, forcing many local Small Scale Industrial Units to down their shutters and increase in the problem of unemploymen...
Mohd Hafiz. Vs. State of Jandk, and ors.
Court: Jammu and Kashmir
Decided on: Dec-14-2010
1. Heard Mr. H. A. Siddiqui, learned counsel for the petitioner as well as Mr. A. H. Qazi, learned Additional Advocate General, appearing on behalf of the official respondents Nos. 1 to 6. So far as private respondents Nos. 7 and 8 are concerned, they were sent registered notices by the Registry on 26.08.2010, but same have not come back served or even unserved nor has anyone come forward for representing them in this case in the court. Statutory period of presumptive service is also there leaving this court with no option but to presume that they have no objection for disposal of this petition under rules.2. This application has been filed under the nomenclature of criminal transfer application by the petitioner seeking transfer of 561-A 170/2009 (Srinagar Wing) from Srinagar Wing to Jammu Wing of the High Court of Jammu and Kashmir.In this application, the following prayer is made:It is, therefore, most humbly prayed that your Lordships may be pleased to transfer the petition under s...
Taro Devi, and ors. Vs. Giano Devi and ors.
Court: Jammu and Kashmir
Decided on: Dec-10-2010
1. Heard Mr. Akshay Anand, learned counsel appearing on behalf of Mr. S.S. Lehar, learned Senior Counsel as well as Mr. V. R. Wazir and Mr. Deeraj Kumar, learned counsel appearing for respondent no. 1.2. This Civil Revision petition has been initiated against the order dated 22.7.2008 passed by the learned Sub Judge (CJM), Jammu in file No. 68/Civil by which the application under Order 9 Rule 13 CPC filed on behalf of the petitioner for setting aside of ex-parte decree dated 29.9.2001 was dismissed.3. It is alleged herein that the petitioner, feeling aggrieved by the ex-parte order mentioned hereinabove, filed an application under Order 9 Rule 13 CPC for setting aside the same along with an application for condonation of delay, alleging fraud and misrepresentation. The impugned order has been assailed in two counts, -(i) the summons were not duly served upon him and (ii) the condonation application accompanying the application under Order 9 Rule 13 CPC has been dismissed without consid...
M/S Shivam Enterprises. Vs. Food Corp. of India and ors.
Court: Jammu and Kashmir
Decided on: Dec-10-2010
1. Heard Mr. Pranav Kohli, Mr. Ankur Gupta and Ms. Hancy Maini, learned counsel for the appellant.2. Also heard Mr. Sunil Sethi, learned Senior counsel assisted by Mr. Ajay Kumar Gandotra and Mr. Ravi Abrol, learned counsel representing Food Corporation of India (for short, FCI) as well as Mr. K. S. Johal, learned counsel appearing for the private respondents.3. The legality and correctness of the judgment and order dated 05.04.2010, passed by the learned Single Judge in OWP no. 314/2010, has been questioned in this Letters Patent Appeal.4. The controversy raised in the above writ petition, initiated by the appellant as writ petitioner, being unsuccessful tenderer, pertains to challenge of the appointment of road transport contractors by FCI to the private respondents.5. The said writ petition was dismissed by the impugned judgment and order holding that no fault could be found with the decision making process of the respondents to reject the case of the appellant as it was found that ...
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