Jammu and Kashmir Court February 2010 Judgments
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Mehraj-ud-dIn Dar Vs. State and ors.
Court: Jammu and Kashmir
Decided on: Feb-26-2010
Muzaffar Hussain Attar, J.1. Petitioner responded to advertisement notices which were issued way back in the year 1985, 1986, 1988 and 1993 and sought consideration for being selected and appointed to the post of Naib Tehsildar, which post was advertised in terms of the aforementioned notifications. The respondent/Board issued a notification in the year 1995 for conducting objective type test for the post of Naib Tehsildar, which test was to be conducted simultaneously at Jammu, Srinagar, Leh and Kargil on 27.08.1995. Petitioner having been found eligible on the terms and conditions of the advertisement notification was also permitted to take the objective type test. The respondent-Board thereafter issued one more notification in the year 1997, wherein and where under, the candidates, who were found eligible on the basis of the objective type test, were called for the oral test/interview. Petitioner did not find his roll number in the said notification and, accordingly, filed a represe...
Director General of Police Vs. Karanjit Singh and ors.
Court: Jammu and Kashmir
Decided on: Feb-11-2010
1. This appeal is against the judgment and order dated November 20, 1998, passed on a writ petition registered as OWP No. 731/1990. By the judgment and order under appeal, the appellant was directed to treat the writ petitioners appointed against the posts of Sub Inspectors in the Executive Armed Police and to extend them the benefits of promotion notionally taking the date of their first appointment for the purpose of seniority. The judgment and order under appeal made it clear that the writ petitioners shall not be entitled to any monetary benefits in terms of arrears of pay and other allowances.2. Though the present appeal was preferred in 2000, the Appellate Court, at no stage, during the pendency of appeal, stayed implementation of judgment and order appeal, as a result, judgment and order under appeal, has been implemented.3. By reason of implementation of judgement and order under appeal, the writ petitioners, who came to be appointed as Assistant Sub Inspectors on August 17, 19...
Gandharab Singh and anr. Vs. State of J. and K.
Court: Jammu and Kashmir
Decided on: Feb-10-2010
Gh. Hasnain Massodi, J.1. Challenge is to the order of learned Sessions Judge Udhampur dated 7.7.2000 whereby an appeal preferred against judgment and sentence recorded by CJM Udhampur on 27.3.1995, has been dismissed. 2. The Criminal Revision was filed on 19th July 2000. The petitioners after persuading the Court to suspend sentence, stayed away from the proceedings and ignored to pursue the matter. The Revision Petition was dismissed in default of appearance of the petitioners on 26.08.2003. Thereafter, the petition was restored to its original number on 1.9.2003. The petitioners continued their game of hide and seek and avoided to assist the Court to take the matter to its logical end. On 15.07.2006 petitioner No. 2 was reported to have passed away and his name was directed to be deleted vide order dated 27.09.2003 from the array of the petitioners. The petitioner No. 1 was impressed upon time and again to contact his counsel and ensure that the arguments were addressed. The petitio...
Sanjay Kumar Vs. State and ors.
Court: Jammu and Kashmir
Decided on: Feb-10-2010
Gh. Hasnain Massodi, J.1. Instant criminal appeal is directed against judgment of learned Sessions Judge Udhampur dated 28.12.2002 in case titled State v. Sanjay Kumar (file No. 29/Sessions whereby the appellant has been convicted for offence punishable under Section 363 and 376 RPC and sentenced rigorous imprisonment of two years & fine of Rs. 500/- and seven years & fine of Rs. 1000/- respectively. The impugned judgment and order have been passed against the following factual backdrop: The victim of the alleged offence on 25th July, 2000 lodged a written report at police post STF Sudhmahadev that the appellant on 24th July 2000 kidnapped the victim at Sudhmahadev when the victim was on her way to her residence, took the victim to a house about a kilometer away from the place of occurrence and confined the victim in a room and without her consent subjected the victim to repeated sexual assault. The report was forwarded by Incharge STF Police post Sudhmahadev to Police Station Chenani ...
Mohd. DIn Vs. Shabnam Akhtar
Court: Jammu and Kashmir
Decided on: Feb-10-2010
Gh. Hasnain Massodi, J.1. Inherent jurisdiction of the Court under Section 561-A Cr.P.C is being invoked to seek quashment of the order of the learned Additional Sessions Judge, Doda dated 26-8-2004 whereby the learned Additional Sessions Judge, Doda has dismissed the revision petition, assailing the order of learned Judicial Magistrate Ist Class (JMIC), Doda directing the petitioner to pay maintenance allowance of Rs. 600/- per month to his wife respondent herein.2. The undisputed facts are that the petitioner married the respondent, where-after the parties lived as husband and wife for some time. However, the relation between the parties got strained and the respondent, constraining her to live with her parents. The respondent on 1-7-2002, filed an application under Section 488 Cr.P.C in the Court of Judicial Magistrate Ist Class, Doda, pleading therein that the petitioner in June, 2001 after making demand for dowry, turned down the respondent from his house. It was alleged that the ...
Vikrant Sharma Vs. State and ors.
Court: Jammu and Kashmir
Decided on: Feb-10-2010
Gh. Hasnain Massodi, J.1. The petitioner was temporarily appointed as Protocol Officer in the pay scale of Rs. 2125- 3600 Vide Government Order No. 1814-GAD of 1997 dated 19-11-1997 against a post created vide Order No. 34/HP/1997 dated 17-11-1997. The petitioner claims to have been so appointed in relaxation of rules on compassionate grounds , as petitioner's father, a government servant, died in harness at the prime age of 34 years. . The post of Protocol Officer against which the petitioner was temporarily appointed was later re-designated vide Government Order No. 24/HP of 1999 dated 13-12-1999 as Assistant Director( Protocol) and the petitioner after the aforesaid re-designation, continued to discharge his duties as Assistant Director( Protocol).2. The grievance voiced in the petition is that the petitioner despite having served as Protocol Officer and thereafter Assistant Director ( Protocol) for a period of about four years without any interruption, the respondents have taken no...
Ashok Bamba Vs. State and ors.
Court: Jammu and Kashmir
Decided on: Feb-10-2010
Gh. Hasnain Massodi, J.1. The petitioner and respondents 3 to 5 are Directors of a Finance Company run under name and style of Panbakhtar Finance Ltd. at 147-C, A/D, Gandhi Nagar Jammu (Finance Company for short). The respondent No. 2 is an account holder with the Finance Company and admittedly deposited some amount with the Finance Company expecting good returns on the investments so made. The respondent No. 2 disappointed by failure of the Finance Company to make the payments and also inclusion of name of his son - the respondent No. 3 herein, as one of the Directors of the Finance company, allegedly on forged and fabricated documents, rushed to Chief Judicial Magistrate Jammu with a complaint alleging commission of offence punishable under Section 420,467, 468 read with 120-B RPC against the petitioner and respondent No. 3 to 5. Learned CJM, in turn, forwarded the complaint to P/S Crime Branch, Jammu in terms of Section 156 (3) Cr. P.C where upon case FIR 15/2007 dated 9.4.2007 was ...
Jammu and Kashmir Project Construction Corporation Vs. Hans Raj and or ...
Court: Jammu and Kashmir
Decided on: Feb-09-2010
1. In a writ petition registered as SWP No. 1315/1998, the writ petitioner contended that he is a daily rated employee engaged by the appellant, whose engagement has been unjustly terminated. This writ petition was contested and the appellant sought to justify the order of termination. The writ petition was finally disposed of on July 6, 2001, when the learned Judge directed reinstatement of the petitioner. Learned Judge directed that petitioner would be paid his wages prospectively and that he would be entitled to any back wages at that stage. The Court gave liberty to appellant to pass fresh order after affording an opportunity of hearing to the writ petitioner. The Court made it clear as to how the intervening period is to be treated would depend upon the decision which the appellant would take in that regard. Petitioner was, accordingly, reinstated. Subsequent thereto, on April 9, 2002, the petitioner was called upon by the appellant to show cause as to why his services be not put ...
Union of India (Uoi) and ors. Vs. Sukhdev Kumar and ors.
Court: Jammu and Kashmir
Decided on: Feb-04-2010
1. In the event, promotion is to be accorded to the post of Electrician to a Lineman or to a SBA or to a Wireman, he is required to pass the qualifying trade test. Admittedly, respondent Nos. 7, 8 and 9 did not qualify the trade test.2. On May 11, 1983, the employer propounded a policy and thereby amongst others upgraded the scale of pay of Lineman / SBA/ Wirman from Rs. 210-290 to Rs. 260-400 with a rider that persons holding 10% of such posts would be entitled to the pay scale of Rs. 330-480, which was the pay scale of highly Skilled Grade-II Workmen. Inasmuch as, respondent Nos. 7, 8 and 9 in their respective category came within the zone of 10%, their pay scale was upgraded to Rs. 330-480. Prior to February 3, 1986, applicant before the Tribunal was working as a Lineman/SBA/Wirman. He having passed the qualifying trade test with effect from February 3, 1986, he was promoted to the post of Electrician in the scale of Rs. 260-350. Inasmuch as the decision of employer dated May 11, 19...
Johnson and Johnson Ltd. Vs. State of J and K and ors.
Court: Jammu and Kashmir
Decided on: Feb-03-2010
1. Admit.2. Notice of appeal waived by the parties. With consent appeal is heard.3. Heard learned Senior Counsel appearing in support of the appeal, learned Counsel appearing on behalf of respondent-writ petitioner and learned Advocate General. Perused the records. 4. By the judgment and order under appeal, a writ petition filed by the writ petitioner-respondent has been allowed and thereby awarding of a contract by the State in favour of appellant has been interfered with. Hence the present appeal.5. The State invited tenders for supply of Bandage and Suturing materials. The tender notice specified that samples of Bandages are to be submitted along with tenders, but did not impose such a condition in respect of tenders for Suturing materials.6. In the present appeal, we are concerned with the order that was placed for supply of Suturing materials in favour of the appellant after acceptance of its tender.7. In the writ petition, it was contended that Suturing materials, manufactured an...
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