Jammu and Kashmir Court July 2011 Judgments
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Tulsi Dass Vs. State of Jandk and ors.
Court: Jammu and Kashmir
Decided on: Jul-28-2011
1. The petitioner-Tulsi Dass has approached this Court seeking a Command to the State-respondents not to register him a Habitual Offender/History Sheetor, or subject him to Surveillance under the Surveillance of Bad Characters Circular. 2. According to him, before his retirement on superannuation, he had rendered meritorious service in the Indian Army and was awarded Sena Sewa Medal, Paschami Star, Raksha Medal, 9 years Sewa Medal, Sangram Medal, besides 25th Independence Anniversary Medal for his services. 3. His name is stated to have been entered in Register No. 10 maintained under the Surveillance of Bad Characters Circular, with mala fide intentions and against the provisions of law, to cause him harassment when there was no sustainable material with the Police to enter his name in the Register and the cases registered against him stood dismissed by the competent Courts of jurisdiction. 4. According to the respondents, the petitioner was involved in various criminal cases and keep...
Surinder Kumar Vs. State of Jandk and ors.
Court: Jammu and Kashmir
Decided on: Jul-28-2011
1. The petitioner seeks quashing of Commandant, J&K Armed Police XII Bn Baramullas Order No.462 of 2001 dated 27.7.2001, whereby he was removed from service as Constable w.e.f. 21.11.2000, besides a Command to the respondents to treat him in service with entitlement to all consequential benefits including salary, seniority and promotion. 2. The petitioner, a probationary Constable in the Jammu and Kashmir Armed Police proceeded on leave from Training Camp at Talwara on 06.11.2000 for solemnization of his marriage. He did not, however, report back for duty after the expiry of his leave period. Final Attendance Notice issued to him to report for duty, did not yield any result and he opted to remain absent despite having been informed that his failure to report would result in his removal from service. 3. The Commandant, therefore, removed him from service taking the view that he was not interested to serve any more and his absence would affect other members of the Force. It was after...
Sumant Singh Jamwal Vs. State of Jandk and ors.
Court: Jammu and Kashmir
Decided on: Jul-28-2011
1. The petitioner has approached this Court seeking a Command to the State-respondents to remove his name from Register No. 10 maintained under the Surveillance of Bad Characters Circular issued vide Notification No. 13 pursuant to State Council Resolution No. 29 of January 2, 1892, urging that there being no criminal case pending against him either with the Police or in any Court of law, the inclusion of his name in Register No.10 maintained by the State-respondents, was unjustified and even otherwise illegal as the Rules governing the field had not been followed by the respondents before entering the petitioners name in the Register. 2. The State-respondents justify the inclusion of petitioners name in the Register saying that he was a bad character and had clinched to riches by resorting to land grabbing and other White Collar Crimes, which warranted inclusion of his name in the Register. He is stated to have been involved in FIR Nos. 8/88, 361/92 and 176/95 registered at Police Sta...
National Insurance Co. and ors. Vs. Smt. Gita Nagpal and ors.
Court: Jammu and Kashmir
Decided on: Jul-21-2011
1. M/s Devinder Nagpal, Kewal Nagpal, Geeta Nagpal and Anju Nagpal commenced their journey from Jammu to Amritsar on January 19, 1997, by Maruti Car No. JK02D-5449. The Car, however, met with an accident at about 8.30.a.m near village Ghagwal, on the National Highway, when it was hit by a Bus bearing registration No. JKS-9535, which was coming from the opposite direction. All the occupants of the car sustained injuries as a result of the accident. They were taken to Military Hospital, Samba for first aid and thereafter to Government Medical College Hospital, Jammu for treatment. The injured, who were in serious condition, were airlifted to Delhi for better treatment. Devinder Nagpal succumbed to the injuries on 6.2.1997 in the Hospital, at Delhi. 2. Despite best efforts of the Doctors, Kewal Nagpal could not recover from the injuries and was rendered 100% disabled as a result of grievous injuries to the spinal cord. 3. Smt. Geeta Nagpal, the widow, Sheetal Nagpal, the daughter, Master ...
Ghulam Mustafa Sheikh Vs. State of Jandk and ors
Court: Jammu and Kashmir
Decided on: Jul-19-2011
1. During the course of Audit Inspection of Service Books of the employees of Municipal Committees/Local Bodies, who were to retire within next ten years, the Assistant Accounts Officer of the Accountant General, Jammu, affected entry/correction in the Service Book of the petitioner indicating that having already availed two Functional Promotions and one In Situ Promotion on 01.08.1978, 09.08.1982 and 01.01.1995 respectively, the petitioner was not entitled to In Situ Promotion, in the pay scale of Rs.7450-11500 w.e.f 01.09.2000. Recovery of excess pay drawn by the petitioner from 2000 to 2006 too was suggested. 2. In taking the view that the petitioner was not entitled to the higher pay scale of Rs. 7450-11500 w.e.f 01.09.2000, the Officer treated the up-gradation of the pay scale of the post of Work Mistry to Rs. 220-430, which was held by the petitioner, as his Functional Promotion. 3. Aggrieved by the Entry in the Service Book and the recoveries ordered, the petitioner has approach...
Zaffar Ullah Rather Vs. State of Jandk and ors
Court: Jammu and Kashmir
Decided on: Jul-19-2011
1. Petitioner-Zaffar Ullah Rathers election as Councillor Ward No. 13 Municipal Committee, Doda was questioned by Ghulam Nabi Shah, respondent No.2 before the Authorized Officer, who, allowing respondent No. 2s Election Petition, in ex-parte, set aside the petitioners election vide order dated 10.2.2006. The petitioner has filed this Writ Petition questioning the Authorized Officers Order on various grounds, inter alia, urging that the findings recorded by the Authorized Officer that the petitioner was disqualified to seek election under Section 16(1) (d) of the Municipal Act, 2000, as he had encroached upon 9 marlas of the State land comprised under Khara Nos. 185 and 138 situated at Doda, were illegal, in that, the findings were recorded without following the procedure prescribed under Section 289 of the Municipal Act, which the Authorized Officer was under a statutory obligation so to do. 2. Mr. K. S. Johal, learned Senior counsel appearing for the contesting respondent, submitted t...
Sanjay Kumar Rathore Vs. State and ors.
Court: Jammu and Kashmir
Decided on: Jul-14-2011
1. Petitioner-Sanjay Kumar Rathore, Junior Environmental Engineer in the State Pollution Control Board has questioned respondent Nos. 6 to 10s promotion as Assistant Environmental Engineer, ordered vide Jammu and Kashmir State Pollution Control Boards Order No. 89-SPCB of 2010 dated 06.04.2010 by his Writ Petition moving Motion for stay of the respondents promotion during the pendency of the Writ Petition. 2. On the Writ Petition and Civil Miscellaneous Petition coming up for consideration, an interim order was passed by this Court, which reads thus:- 3. Appearance and notice as above. 4. The order dated 6-4-2010 bearing No. 89 SPCB of 2010 is also under challenge in another Petition bearing SWP No. 906/2010. 5. The operation of the order stand stayed vide order dated 3.5.2010, while considering CMP No. 1409/2010 in SWP No. 906/2010. Copy of the order is placed on record. Same order of stay shall govern the case of petitioner, until the determination of objections, which the responde...
Nirmal Singh Bali and ors Vs. Mohd Yousif and ors
Court: Jammu and Kashmir
Decided on: Jul-07-2011
1. Respondents Writ Petition SWP No. 921/2010, seeking issuance of Command to the State-respondents to settle their seniority taking into account the date of their passing the Prescribed Examination in terms of the Jammu and Kashmir Excise and Commercial Taxation (Departmental Examination) Rules 2006, was allowed by a learned Single Judge of this Court vide Judgment and Order dated 07-07-2010. 2. The appellants, who were not party respondents to the respondents Writ Petition, were granted permission to appeal against the Judgment delivered in the Writ Petition. As all the Appeals preferred against the Judgment of the Writ Court raise same question of law, so these were taken up for joint consideration. 3. The un-disputed facts, necessary for the disposal of these Appeals, may be stated thus: The appellants and the private respondents in the Appeals are the Members of the Jammu and Kashmir Excise and Sales Tax (Subordinate) Service and were working as Inspector when the Writ Petition w...
Chattar Singh Vs. Mohan Lal
Court: Jammu and Kashmir
Decided on: Jul-06-2011
1. This Civil Revision is directed against Order dated 02.04.2009 of the learned Principal District Judge, Udhampur whereby allowing the respondents Appeal against trial Courts Order of November 01, 2008, he set aside the trial Courts order to the extent it permitted the petitioner-defendant to get the water and electricity connections installed in the rooms constructed over land measuring 2 kanals and 10 marlas comprised in Khasra No. 23 min of Village Karlai Sukki of Tehsil and District Udhampur, the subject matter of respondents Suit seeking Permanent Prohibitory Injunction against the petitioner restraining him from interfering in the Suit land. 2. The undisputed facts leading to the filing of the Revision Petition may be stated thus:- On the basis of the pleadings of the parties and the documents relied upon by them to project their respective Claims to the ownership and possession of the Suit land, the trial Court of Subordinate Judge Udhampur recorded a prima facie finding that ...
National India Construction Company Vs. State of Jandk and ors.
Court: Jammu and Kashmir
Decided on: Jul-06-2011
1. The petitioner-National India Construction Company Engineers and Contractors, submitted its Tender documents to compete for the Award of Contract-JK04-132 Construction of Road from R.D kilometers 2nd of Nagarlanchan to Kansar, in Block Bhaderwah and JK04-111-Gando to Dharayari in Block Bhaleesa, in response to Chief Engineer, Pradhan Mantri Gram Sadak Yojana (PMGSY) JKRRDA, Jammus Notice No. 7/PMGSY/Jammu of October 2010 dated 21.10.2010. 2. The bids were submitted in two Formats, i.e., (i) Technical Bid and (ii) Financial Bid. 2. The respondents found the petitioners Technical Bids Non-Responsive, which, in turn disentitled it, to seek consideration of its Financial Bids to compete for the Award of the Contracts. 3. Aggrieved by the rejection of its Technical Bids for the Contracts, referred to hereinabove, the petitioner has approached this Court seeking quashing of the Chief Engineer, PMGSY (JKRRDA) Jammus No. CEJ/PMGSY/1038-1074 dated 23.04.2011, wherein the petitioner does not...
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