Jammu and Kashmir Court November 2011 Judgments
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Sarabjit Singh Vs. State of J and K and Others
Court: Jammu and Kashmir
Decided on: Nov-17-2011
1. Government of Jammu and Kashmir in the Revenue Department, cancelled Permanent Resident Certificates of Dharam Chand and his sons Paras Ram, Mangal Ram, Bua Ditta and Dev Raj vide Government order No.Rev/PRC/85 of 2010 dated April 30, 2010. 2. Respondent Nos.3, 4, 7 and 8 approached Judicial Member Bench-II, Jammu and Kashmir Special Tribunal, Jammu who was invested with powers exercisable by Government under Section 6 of the Jammu and Kashmir Grant of Permanent Resident Certificate (Procedure) Act, 1963, vide SRO 399 of October 27, 2010, in Revision, seeking setting aside of the Government Order. 3. Learned Member of the Special Tribunal, the Authorized Officer passed an Interim Order on 9-11-2010 staying the operation of the Government Order. 4. Dr. Sarabijit Singh, on whose complaint, the Permanent Resident Certificates were cancelled, has approached this Court questioning the jurisdiction of the Authorized Officer to entertain respondents’ Revision against Government Order...
Bachan Kour and Others Vs. Mega Lok Adalat and Others
Court: Jammu and Kashmir
Decided on: Nov-14-2011
1. The petitioners are the parents, sisters and brother of Jasbir Singh alias Kala, who succumbed to the injuries received in motor vehicular accident on October 30, 2005. They preferred Claim for Rs.42,15,000/- as compensation for death of Jasbir Singh, who according to them had died because of the rash and negligent driving of bus bearing Registration No. JK02C-8139, which hit the deceased’s scooter at Langotia Morh, Kotli Mian Fateh-R.S. Pura, before the Motor Accidents Claims Tribunal, Jammu. 2. The petitioners’ claim was settled for an amount of Rs.2.25 lac in Mega Lok Adalat, Jammu on 9-2-2008 in presence of petitioners’ Advocate and the Advocate appearing for the respondents. 3. The petitioners are aggrieved by the Award. They have approached this Court questioning the settlement arrived at by their learned Advocate and the award made by the Mega Lok Adalat on the basis of the settlement. 4. Petitioners learned counsel submits that the petitioners had not autho...
Shabnam Kouser Vs. State J and K and Others
Court: Jammu and Kashmir
Decided on: Nov-09-2011
The facts leading to the filing of this Writ Petition may be stated thus:- Ms. Shabnam Kouser was engaged as Ration/Sugar Dealer for Centre Drah by Assistant Director, Food and Supplies Department, Rajouri vide his Order No. FSR/1312- 13/FSR dated 23.3.2002. She sub-let her Dealership in April, 2004 to a relative, Khadim Hussain-respondent No. 5. Documents including one indicated as Irrevocable Power of Attorney were executed by her in this behalf transferring all rights in the Dealership in favour of the respondent. Respondent No. 5 was, thereafter appointed as Ration/Sugar Dealer, on temporary basis, vide Assistant Director, CAandPD, Rajouri’s No. 979-81/CAPD dated 19.5.2006, in place of the petitioner, who had left the job due to domestic problems. The petitioner’s case in the Writ Petition is that respondent No. 5’s order was not put into execution and it was she alone, who was functioning as Ration Dealer at Draha. On refusal of the State-respondents to supply he...
Gh. Qadir Dar and Another Vs. Punjab National Bank
Court: Jammu and Kashmir
Decided on: Nov-09-2011
1. Challenges in this revision petition is to order dated 18-12-2008 passed by Additional District Judge (Bank Cases), Srinagar in case titled as Punjab National bank v. Ghulam Qadir Dar and others, whereby application moved by plaintiff-bank for revival of proceedings of the suit was granted and suit was revived (for short impugned order). 2. It appears that the suit title as Punjab National bank v. Gh. Qadir Dar and others was consigned to records vide order dated 21-5-2000. Accordingly plaintiff made an application for its restoration/revival of proceedings, was allowed vide order dated 18-12-2008, impugned herein. 3. It appears that the suit was consigned to records on 11-11-1991 and the application moved for its revival was also consigned to records on 14-5-1994. During the pendency of said application, plaintiff respondent herein moved an application under section 151 Code of Civil Procedure (for short C.P.C.) on 15-11-1994 for treating the said application for revival of the pro...
Ghulam Rasool Vs. State and Others
Court: Jammu and Kashmir
Decided on: Nov-05-2011
1. Petitioner and respondent No.5 have contested the election of Panch under the Panchayati Raj Act for Ward No.6 Trankle-B. out of polled 157 votes, both secured 78 votes each, whereas one vote contained marking in the blank area, same was rejected by the counting Supervisor, but the Returning Officer accepted the same in favour of the petitioner. Aggrieved thereof, respondent No.5 filed an appeal before the authority i.e., Appellate Authority, (Sub Divisional Magistrate, Bhaderwah, under the JandK Panchayati Raj Act. 2. The Appellate Authority while considering the position of the doubtful ballot paper has opined that on scrutiny beyond all shadow of doubt the vote was required to be rejected, as it bears the marking in the blank area. It is added that in case the Returning Officer would have referred the Returning Officer’s Hand Book p. 77 15.71, iii(b), which would provide that when the mark is in the blank area i.e., entirely in the shaded area, vote would have been rejected...
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