Jammu and Kashmir Court March 2011 Judgments
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Khursheed Ahmed Zaz. Vs. Union of India and Others.
Court: Jammu and Kashmir
Decided on: Mar-31-2011
1. IRCON INTERNATIONAL LIMITED, a Government of India undertaking, allotted the work of J&K; Rail Link Project- Dharam-Qazigund Section, Construction of RCC Overhead Water Tank at Banihal Station Yard (Package OHT-I) to the petitioner-M/S Khursheed Ahmed Zaz, accepting its negotiated revised offer dated 06.05.2010 in connection with the Tender floated therefor.2. The Contract allotted to the petitioner for the aforesaid work was later terminated vide Ircon International Limiteds No.IRCON/1014/J&K-DQ;/RCC OHT Tank-Banihal/OHT-1/ 1098 dated 07.09.2010. The petitioner-Khursheed Ahmed Zaz has approached this Court by his Writ Petition seeking quashing of the termination of the Contract, besides the Notice issued by Ircon International Limited inviting tenders in two packet system from reputed firms and Companies for the construction of the balance work of RCC Overhead Water Tank at Banihal Station yard. He seeks a further command to the respondents to allow him to complete the remaining wo...
Surya Pharmaceuticals Ltd. and ors. Vs. M/S Gtb Project Fabricators Pv ...
Court: Jammu and Kashmir
Decided on: Mar-31-2011
1. M/S GTB Project Fabricators Pvt. Ltd. filed a Complaint through Mr. Sandeep Singh Maini, its Managing Director, under Sections 420, 406 and 120-B of the Ranbir Penal Code Svt. 1989 against M/S Surya Pharmaceuticals Limited and its twelve functionaries, which included its President, CMD, Managing Director, Directors, Additional Directors, Secretary and General Manager, besides M/s Engineers Associate Fabricators and Erectors through its Partners and Energy Avenues Pvt. Ltd., through its Managing Director.2. It was, inter alia, alleged in the Complaint that after the acceptance of its tenders, the petitioners-Surya Pharmaceuticals Limited, induced it to execute Mechanical and Fabrication Work at Surya Pharmaceuticals Limited, Samba Phase-II, on the clear understanding that the payment for the works executed by it, would be made by the accused, within ten days of the submission of bills. It is stated in the Complaint that though substantial part of the work was completed by the complai...
Sushant Bakshi. Vs. Manju Ghosh.
Court: Jammu and Kashmir
Decided on: Mar-30-2011
1. To discharge the existing liability arising out of a Contract for Fabrication of a Pandal at Jammu, the petitioner-Sushant Bakshi delivered Cheque dated 01.01.2004 for Rs.50,000/- to the respondent-Manju Ghosh. When presented for payment it was dishonoured. Notice dated 23.03.2004 served by the respondent on the petitioner requiring him to pay the amount of the dishonoured Cheque, remained unheeded. The respondent thereafter filed a Complaint against the petitioner seeking his conviction and punishment for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881.2. Seeking condonation of delay, which had occasioned in filing the Complaint beyond the period prescribed under Section 142 of the Negotiable Instruments Act, it was stated in the Complaint that the Complainants husband had met with an accident and her infant daughter taken seriously ill at Gurgoan, which had disabled the filing of the Complaint within the time prescribed therefor.3. Taking cognizanc...
Bajaj Allianz General Insurance Co. Ltd. Vs. Anshul Verma and Others.
Court: Jammu and Kashmir
Decided on: Mar-25-2011
1. On 30th of November 2006, at about 3:30 P.M., vehicle No.JK02W/2178, driven rashly and negligentl y by Shri Parveen Singh respondent No.3 herein, hit Master Anshul Verma respondent No.1, at Paloura, Mandi Chowk, Janipur, Jammu. The injured was shifted to Government Medical College, Jammu, and remained hospitalised for a period of more than five months. The injured through his father Shri Pawan Kumar, laid a claim petition under section 166/140 of Motor Vehicles Act before the Motor Accident Claims Tribunal, Jammu (in short Tribunal). The respondent No.1, in the claim petition, registered as File No.196 Claim, sought compensation of Rs.13,05,000/- with interest @ 12% per annum, on account of medical expenses, special diet, conveyance, loss of academic year, loss of earning capacity, pain and suffering, and future medical expenses. The respondent No.1 gave break-up of compensation demanded on different counts in para 21 of the claim petition.2. The insurance company present appellant,...
Union of India and ors. Vs. Kasturi Lal.
Court: Jammu and Kashmir
Decided on: Mar-23-2011
1. Legality and correctness of judgment and the order dated 31.12.2001 passed by the Writ Court in SWP No.933/2001 has been assailed in this Letters Patent Appeal preferred by the Union of India-appellants .2. By the impugned judgement and order, the writ petition initiated by the respondent as writ petitioner was disposed of in his favour with a direction that he was held entitled to pension by ignoring the vague options said to have been exercised by him, with a further direction that the pensionary benefits be calculated and released in favour of the respondent within a period of two months from the date copy of the order passed by the Writ Court was made available by the respondent to the appellants.3. The factual matrix, in brief, necessary for the proper resolution of this appeal, as emerged from the pleadings exchanged by and between the parties in the writ proceedings, is that the respondent herein had joined Army Service on 11.12.1965. After serving 7 years and 5 months, he wa...
Darbari Lal and ors. Vs. Madan Lal and ors.
Court: Jammu and Kashmir
Decided on: Mar-15-2011
1. Mst. Barto Devi filed a Suit against Gouri, her brother, impleading Nikki and Kamla Devi as Proforma Defendants seeking declaration that land comprised in Khewat Nos. 1, 2 & 3 of Village Padal of Tehsil Hiranagar, was the joint property of the parties to the Suit and Gouri had no right to transfer it by any mode including Sale, Gift, Mortgage, Lease or Exchange etc. Alongwith the Suit, an application seeking interim directions against the defendant too was filed. Gouri contested the Suit pleading, inter alia, that land comprised in Khasra No. 198/7 min falling in Khewat No.2, was his self acquired property and Mst. Barto Devi had neither any right therein nor was she entitled to seek injunctive directions against him. Copy of Decree dated 06.11.69 of the Civil Court of Munsiff, Hiranagar, evidencing Gouri to have acquired land comprised in Khasra No. 198/7min in terms of the Decree, was also placed on records.2. Both Mst. Barto Devi and Mr. Gouri died during the pendency of the suit...
Gulshan Kumar Sharma, and anr. Vs. Union of India and Others.
Court: Jammu and Kashmir
Decided on: Mar-11-2011
1. The petitioners seek for the issuance of Writ of Certiorari calling for the records of the impugned order of the Central Administrative Tribunal, Chandigarh Bench (Circuit at Jammu) in OA No.628/JK/2003, dated 10.09.2007, in relation to the petitioners, quash the same and direct the respondents to regularize the services of the petitioners by granting age relaxation, other consequential benefits and monetary benefits of reinstatement of service from the initial date of appointment viz., 14.09.1992.2. The brief facts which are required to be stated are that, the petitioners joined the services as Physical Education Teachers (P.E.T.) with Kendriya Vidyalaya Sanganthan on ad hoc basis and were posted at Kendriya Vidyalaya as mentioned in the appointment letter by way of the selection made through the sponsor made by the Employment Exchange in the year 1992.3. In 1992-93, they filed a writ petition praying for a direction to the respondents not to disengage the services of the petitione...
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