Jammu and Kashmir Court October 2012 Judgments
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Dhanwant Kour and ors Vs. Daljit Singh
Court: Jammu and Kashmir
Decided on: Oct-19-2012
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU. C Rev No. 46 OF 201.Dhanwant Kour & ors Petitioners Daljit Singh Respondent !Mr. Gurcharan Singh, Advocate ^Mr. Vijay Gupta, Advocate Honble Mr. Justice J.P.Singh, Judge Date:19. 10.2012 : : Respondent-Daljit Singhs Suit for partition by metes and bounds of immoveable properties including Plot No. 51 (later changed to Plot No.59) with house constructed thereon situated at New Rehari Jammu, land situated at Gho Manhasa Jammu, land situated at Tringla-Batote, And land situated at Transport Yard Narwal Jammu, was resisted by the petitionersdefendants, inter alia, on the grounds that it was hit by Section 11 of the Code of Civil Procedure in view of the declaratory Decree passed by City Judge Jammu in Civil Suit No. 160/Civil of 1990 and was otherwise barred by the time prescribed in the Limitation Act for filing such Suits. The petitioners plea that Suit was barred by time rested on the factual plea that respondent-plaintiff 2 stood excluded f...
Hans Raj and ors Vs. Sham Singh and ors
Court: Jammu and Kashmir
Decided on: Oct-19-2012
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU. CSA No. 29 OF 200.Hans Raj & ors Petitioners Sham Singh & ors Respondent !Mr. Ved Raj Wazir, Sr. Advocate with Mr. Amit Chopra, Advocate ^Mr. N. P. Kotwal, Advocate Honble Mr. Justice J.P.Singh, Judge Date:19. 10.2012 : : This Civil Second Appeal is directed against the Decree and Judgment dated 09.06.2009 of Additional District Judge, Doda whereby dismissal of appellants Suit for Declaration and Permanent Prohibitory Injunction claiming title to and restraint directions regarding land measuring 18 Marlas comprised in Khasra No. 1099/509 with Shed constructed thereon and land measuring 10 Marlas comprised in Khasra No. 1102/509 situated at Thatri, was upheld. The Decrees of the two Courts concurrently holding that the appellants had failed to produce any evidence to establish their title to the land, which, on the other hand, was found State land on the basis of 2 Revenue Records, are questioned on the ground that the evidence led by th...
Anil Kumar Maini Vs. Pankaj Kumar
Court: Jammu and Kashmir
Decided on: Oct-19-2012
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU. C Rev No. 40 OF 201.Anil Kumar Maini Petitioners Pankaj Kumar Respondent !Mr. D. K. Khajuria, Advocate ^Mr. Vidya Sagar, Advocate Honble Mr. Justice J.P.Singh, Judge Date:19. 10.2012 : : The RespondentPankaj Kumar filed a Suit for Permanent Prohibitory Injunction restraining the petitioner from interfering in the Suit land situated at Ward No. 13 Poonch. His prayer for issuance of ad-interim injunction during the pendency of the Suit was, however, declined by the Court finding him out of possession. The prima facie finding of the Court that the respondent was not in possession of the Suit property, was affirmed by the Appellate Court. The respondent thereafter sought permission to withdraw the Suit with liberty to file fresh Suit on the ground of 2 omission of Khasra Number of the Suit property in the Plaint. Allowing his request, the Trial Court permitted him to file fresh Suit. Aggrieved by the permission allowed to the plaintiff/respondent t...
Pooja Rani Vs. State of Jandk; and ors
Court: Jammu and Kashmir
Decided on: Oct-18-2012
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU. SWP No. 1170 OF 201.Pooja Rani Petitioners State of J&K and ors Respondent !Mr. Rajnish Raina, Advocate ^Mr. Ravinder Sharma, AAG Mr. Sachin Gupta, Advocate Honble Mr. Justice Muzaffar Hussain Attar, Judge Date:18. 10.2012 :JUDGMENT :1. Petitioner and the private respondent responded to the advertisement notice no. 7/2009 and sought consideration for being selected and appointed as R-e-T, which vacany was available on account of upgradation of Middle School, Gurha Mandlala. Two vacancies were advertised. On the terms and conditions of the advertisement notice, the candidates with mathematics and science background alone could respond to the said advertisement notice for being selected and appointed as R-e-T.2. A merit panel of candidates was prepared, in which the petitioner with science background figured at Serial no. 1 having 78.5% marks at 10+2 level, whereas, the private respondent also with the science background figured at serial No....
Nazir Ahmed Shah Vs. State of Jandk; and ors
Court: Jammu and Kashmir
Decided on: Oct-17-2012
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU. HC (W) No. 4 OF 201.Nazir Ahmed Shah State of J&K and ors Respondent !Mr. Raghu Mehta, Advocate ^Mr. Gagan Basotra, Sr.AAG Honble Mr. Justice J.P.Singh, Judge. Date:17. 10.2012 : : Nazir Ahmed Shah S/O Sh. Abdul Rashid has filed this Petition seeking quashing of District Magistrate, Udhampurs order not PSA- 2011/DMU/ JC/07 dated 19.12.2011 whereby he was ordered to be detained in preventive custody under section 8 of the Jammu and Kashmir Public Safety Act, 1978, on various grounds. Considered the submissions of learned counsel for the parties and perused the detention records made available by the learned Senior Additional Advocate General. Perusal of the Grounds of Detention on which the petitioner was ordered to be detained by the District Magistrate in exercise of the powers under Section 8 of the Jammu and Kashmir Public Safety Act, 1978, demonstrates that what weighed with the Detaining Authority was the alleged past 2 conduct of the ...
Ruksana Begum Alias Halima Begum Vs. State of Jandk; and ors
Court: Jammu and Kashmir
Decided on: Oct-17-2012
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU. HC (W) No. 44 OF 201.Ruksana Begum alias Halima Begum Petitioners State of J&K and ors Respondent !Mr. Rohit Verma, Advocate ^Mr. Gagan Basotra, Sr.AAG Honble Mr. Justice J.P.Singh, Judge. Date:17. 10.2012 : : Ruksana Begum alias Halima Begum was detained in preventive custody pursuant to District Magistrate, Dodas Order No. DM/ Doda/ PSA/ 2KXI/224 dated 26.01.2011 issued under Section 8 of the Jammu and Kashmir Public Safety Act, 1978. She has questioned the detention on various grounds. Heard learned counsel for the parties and perused the detention records made available by the learned Senior Additional Advocate General, Mr. Gagan Basotra. Perusal of the Grounds of Detention reveals that Ruksana Begum alias Halima Begum was in police custody in FIR No. 13/2011 registered at Police Station, Doda under Sections 7/25/27 IAA, 212/216 RPC and 3/4 ESA when her detention in preventive custody was ordered. 2 True it is, that a person in custody,...
State of Jandk; and ors Vs. Tara Chand and anr
Court: Jammu and Kashmir
Decided on: Oct-16-2012
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU. LPAW No. 71 OF 201.State of J&K & ors Petitioners Tara Chand and anr Respondent !Ms. Seema Shekhar, AAG ^Mr. O.P.Thakur, Advocate Honble Mr. Justice Mansoor Ahmad Mir, Judge. Honble Mr. Justice J.P.Singh, Judge. Date:16. 10.2012 : : J.P.Singh-J: Allowing the respondents Claim of compensation for death of their son-Romesh Kumar, aged 12 years, a learned Single Judge of this Court, directed the State Government and its functionaries in the Power Development Department to pay them Rs.2,05,000/- along with interest @ 7.5% per annum. Aggrieved by the judgment and order passed on the respondents Writ Petition OWP No.118/2003, the State has filed this Appeal questioning the judgment and order dated 15.10.2009 of the Writ Court. The respondents Claim for compensation for the death of their son by electrocution was based on the plea that the wooden pole erected by the Power Development Department in respondent No.2s fathers land on which a live ...
State of Jandk; Vs. Devinder Singh
Court: Jammu and Kashmir
Decided on: Oct-16-2012
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU. Condl (Cr) No. 82 OF 201.AND Cr Acq Appeal No. 112 OF 201.State of J&K Petitioners Devinder Singh Respondent !Ms. Seema Shekhar, AAG ^Mr. Anil Billoria, Advocate Honble Mr. Justice Mansoor Ahmad Mir, Judge. Honble Mr. Justice J.P.Singh, Judge. Date:16. 10.2012 : : Condl (Cr) No. 82/2010 : Heard learned counsel for the parties. In view of the reasons detailed in Paragraph Nos. 4 & 6 of the Application we are satisfied that the State has sufficiently explained the circumstances that disabled it from filing Appeal against Judgment and order dated 31.03.2010 of the learned Special Judge Kathua within the prescribed period of limitation. Delay in filing the Appeal is, accordingly, condoned allowing the States Motion. Cr.Acq.Appeal No. 112/2010 : Heard learned counsel for the parties on Motion Hearing. 2 Learned Sessions Judge, Kathua, the Special Judge under the Narcotic Drugs and Psychotropic Substances Act, 1985, recorded respondents acqui...
State and ors Vs. Showkat Ali
Court: Jammu and Kashmir
Decided on: Oct-15-2012
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU. LPASW No. 103 OF 201.State & Ors Petitioners Showkat Ali Respondent !Mr. Gagan Basotra, Sr. AAG ^Mr. V. Bhushan Gupta, Advocate Honble Mr. Justice Mansoor Ahmad Mir, Judge. Honble Mr. Justice J.P.Singh, Judge Date:15. 10.2012 : : J.P.Singh-J : Exercising power under Section 126(2)(b) of the Constitution of Jammu and Kashmir in dispensing with the enquiry contemplated under Section 126(2) of the Constitution, the respondent-Showkat Ali, a Selection Grade Constable in the Police Department of the State Government was dismissed from service vide Police Headquarter Dodas Order No. 488 of 2000 dated 27.03.2000. The respondent questioned his dismissal by Writ Petition SWP No. 2418/2001, inter alia, urging that there was no justification in dispensing with the Departmental Enquiry, in that, if the Investigating Agency could record the statements of eight witnesses during the investigation of FIR No. 49/2000 registered against him under Sections 30...
Arshad Ali Chowdhary Vs. the Jammu and Kashmir Special Tribunal, Jammu ...
Court: Jammu and Kashmir
Decided on: Oct-11-2012
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU. OWP No. 1370 OF 201.Arshad Ali Chowdhary Petitioners The Jammu and Kashmir Special Tribunal, Jammu and ors Respondent !Mr. S.M. Choudhary, Advocate ^Mr. S.S. Nand, Advocate Honble Mr. Justice J.P.Singh, Judge Date:11. 10.2012 : : The petitioner has filed this Writ Petition questioning Jammu and Kashmir Special Tribunal, Jammus order 3.8.2012 whereby requiring the petitioner to seek review of findings recorded in his earlier Appeal against Building Operation Controlling Authoritys order dated 29.09.2003, his Appeal against Building Operation Controlling Authority, Municipal Area Jammus Order dated 22.06.2012 was consigned to records. Heard learned counsel for the parties and considered their submissions. The petitioner had filed Appeal against Building Operation Controlling Authority, Municipal Area, Jammus Order No. MJ/CE/65/3/12 dated 22.6.2012 before the Jammu and Kashmir Special Tribunal, Jammu raising various pleas in support to question th...
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