Jammu and Kashmir Court May 2011 Judgments
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Kartar Nath and ors. Vs. State of Jammu and Kashmir and ors.
Court: Jammu and Kashmir
Decided on: May-31-2011
1. The Municipal Committee Bishnah published a Notice informing the general public of its proposal to Auction lease of its Ten (10) Shops situated at Bye-pass Road near Fatima Convent School, Bishnah. The area of each Shop, the Minimum Reserved Official Bid for Premium, Earnest Money and the Monthly Rent for each Shop was indicated in the Auction Notice. 2. Finding that only five Auction Forms were sold before the date fixed for Auction, the Auction date was extended to 28th June, 2007, reducing the amount of Earnest Money from 0.50 lac to 0.25 lac. 3. Fourteen offers were received by the Municipal Committee in respect of Ten (10) Shops. Not satisfied with the Response received to the Auction Notice, in that, accept for a few Shops for which Multiple Bids were received, single bids were received in respect of rest of the Shops, the Directorate of Urban Local Bodies, Jammu, the Competent Authority to accept or reject the bids, therefore, directed the Executive Officer, Municipal Committ...
Zamindaran of Village Vs. State of Jammu and Kashmir and ors.
Court: Jammu and Kashmir
Decided on: May-31-2011
1. The petitioners-Zamindaran of Village Chak Balotrian of Tehsil Samba had approached this Court in the year 1998 by their Writ Petition OWP No.1205/98 seeking compensation for their land, which was taken possession of by the Staterespondents in the year 1952-53 for construction of Ramgarh- Khour road. Allowing the Writ Petition, a direction was issued to the respondents to treat the petitioners Writ Petition a Representation for taking appropriate decision thereon within a period of three months. 2. The petitioners Claim to compensation was rejected on the grounds that their predecessors-in-interest had voluntarily donated the land and in view of the provisions of Rule 24-A of the Rules framed under the State Land Acquisition Act, the land owners were not entitled to compensation. Aggrieved by the rejection of their Claim by the Executive Engineer PWD (R&B) Construction Division, Jammu, the petitioners have approached this Court again seeking compensation for their land. 3. Durin...
Vaishno Devi and ors. Vs. Financial Commissioner
Court: Jammu and Kashmir
Decided on: May-30-2011
1. The dispute between the parties in respect of land measuring 82 kanals 7 marlas comprised in Khasra No.51 of village Saketar-Reasi has a chequered career. Shorn of details, facts necessary for disposal of this Writ Petition are as follows:- 2. Ghulam Mustafa-respondent No.11’s Application under Section 56 of the Jammu and Kashmir Tenancy Act was allowed by the learned Deputy Commissioner, Udhampur, aggrieved whereby, Roop Chand and Shri Chand questioned it before the Divisional Commissioner, Jammu. Ghulam Mustafa changed his stance before the Divisional Commissioner stating on oath that though he was in possession of the land in 1971 but it was only as a labourer and not as a tenant. Acting on the statement of Ghulam Mustafa, the Divisional Commissioner set aside the Deputy Commissioners order vide his order dated 16.08.1975. This order was questioned before the Financial Commissioner, who remanded the case vide his order of 19.6.1976 to the Divisional Commissioner, Jammu. The...
State of Jammu and Kashmir and ors. Vs. Pawan Kumar and ors.
Court: Jammu and Kashmir
Decided on: May-30-2011
1. Charged under Sections 307/149 RPC and 4/25 of the Arms Act for attacking Mukhtiar Singh with sharp edged weapons and causing him grievous injuries on January 16, 1996 at 8 p.m. near his house, the respondents were acquitted by the leaned Sessions Judge, Samba vide his judgment and order of July 08, 2010. 2. The State of Jammu and Kashmir has questioned the respondents acquittal urging that the trial Court had omitted to appreciate in true and proper perspective the prosecution evidence and its conclusion was contrary to the weight of the evidence. Along with the Appeal, it has moved Motion seeking condonation of 214 days delay in filing the Appeal. Heard learned Senior Additional Advocate General on the merits of the Appeal as well to deal with the States plea seeking condonation of the delay in filing the Appeal. 3. The trial Court has found the statements of PWs Mukhtiar Singh, Kewal Lal and Dev Raj unreliable noticing several contradictions in evidence of these witnesses. Findin...
Jagroop Singh Vs. State of Jammu and Kashmir and ors.
Court: Jammu and Kashmir
Decided on: May-28-2011
1. Dispute in this writ petition relates to appointment of petitioner on compassionate grounds. The respondents while considering the case of petitioner and one Shri Mohd Aslam, who is stated to be similarly situated with him, have accepted the plea of said Mohd Aslam for appointment on compassionate grounds, whereas in case of petitioner it was rejected. In order to resolve the controversy involved in this writ petition, following facts are required to be noted. 2. The petitioner came to be appointed as Class IV employee in the Excise Department on 28.12.1998. The appointment order, however, does not disclose the nature of appointment. The petitioner has placed on record, list of employees, who have been appointed on the said date. List reflects the names of persons who have been appointed on compassionate grounds. It reveals from the record that appointment of class IV employees made in the Excise Department became subject matter of challenge in various writ petitions in this Court w...
Shiv Lal Vs. National Hydroelectric Power
Court: Jammu and Kashmir
Decided on: May-27-2011
1. The petitioner-Shiv Lal entered into an Agreement with the respondent-National Hydroelectric Power Corporation Limited to execute the work Geological exploration by driving a drift of size 1.52 m (width) x 2.13 m (height) rectangular section, 150 m long to be excavated at EL + 1740 m at Dranghuran of Bursar HE Project, allotted to him by the Corporation. 2. During the currency of the Contract the Corporation is stated to have neglected to supply Explosives to the petitioner in terms of Condition 24 (3) of the Special Conditions, forming part of the Contract Agreement, as a result whereof the petitioner had to spend extra amount of Rs.25,85,748/-. He, therefore, preferred Claim to the Corporation seeking its settlement. 3. The Claim was not settled and the petitioner, therefore, served Notice on the Corporation requiring it to suggest its panel for selection of an Arbitrator to adjudicate upon his Claim, invoking Clause 55 of the Contract Agreement. Responding to the petitioners Noti...
National Insurance Company Vs. Pawan Kumar and Amp
Court: Jammu and Kashmir
Decided on: May-26-2011
1. The National Insurance Company Limited has filed this Appeal questioning the Motor Accidents Claims Tribunal, Jammus Award of January 30, 2009 in File No. 267/Claim, whereby compensation amounting to Rs.9,76,000/- was awarded to Pawan Kumarrespondent for the disability suffered by him as a result of the injuries received while travelling in a Matador, on its head on collision with a Tipper bearing Registration No. JK02E/1965, on March 13, 2006. Not disputing the findings of the Tribunal on the issues framed to deal respondent No.1’s Claim Petition, barring the one pertaining to the quantum of compensation to which the claimant may be entitled to, the appellant’s learned counsel, Mr. Jugal Kishore submitted, that having suffered 40% disability of the right upper limb, the claimant’s loss of earning capacity was required to be assessed taking his monthly income at Rs.1500/- and not Rs.3000/- into consideration. 2. Substitution of the artificial limb having been...
Nisha Sharma Vs. State of Jammu and Kashmir
Court: Jammu and Kashmir
Decided on: May-26-2011
1. Responding to the Jammu and Kashmir Services Selection Boards Advertisement Notice No. 7 of 1995 dated 12th October, 2005 inviting applications from eligible candidates for selection against 84 posts of Teachers in District Kathua, the petitioner-Nisha Sharma, holding B.Sc, B.Ed with additional qualification of M.Ed, sought her consideration for selection against one of the posts. She was not, however, selected, and aggrieved thereby she approached this Court by her Writ Petition SWP No. 686/97. 2. The petitioner was found to have been denied selection wrongly, in that, she was not allowed weightage for possessing the additional qualification of M.Ed to which she was entitled in terms of the criteria fixed by the Board for the selection of candidates. Thus, finding her merit more than the last selected candidate, a direction was issued to the Jammu and Kashmir Sub-ordinate Service Recruitment Board to consider her for selection allowing her additional weightage for M.Ed and forward ...
Sohan Lal Goyal Vs. Municipal Council, Solan and ors.
Court: Jammu and Kashmir
Decided on: May-03-2011
1. The petitioner has prayed a direction for considering his case for promotion against the post of Supervisor from the year 1978 or from the day when respondent No.3 was promoted as Supervisor. He has also prayed arrears, backwages and withheld salary for having rendered work of Supervisor. The consequential benefits and reliefs against the post of Supervisor have also been prayed. 2. The facts in brief are that the petitioner was appointed as Mate on 29.9.1973 by respondent No.1. He worked as such and is entitled for promotion against the post of Supervisor. It has been alleged that one post of Supervisor is lying vacant , in addition, there is requirement of work and the name of the petitioner was recommended for the post of Supervisor on promotion. The respondent No.1 passed resolution recommending the name of petitioner for the post of Supervisor. The petitioner is working as Supervisor whereas he has been designated as Mate only. This is clear from office orders issued by respond...
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