Jammu and Kashmir Court November 2012 Judgments
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Dr. Arun Kumar Vs. State of Jandk; and ors
Court: Jammu and Kashmir
Decided on: Nov-30-2012
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU. TA (SWP) No. 1 OF 201.Dr. Arun Kumar Petitioners State of J&K and Ors Respondent !Mr. Sunil Sethi, Sr. Advocate with Mr. Ravi Abrol, Advocate. ^Mr.Gagan Basotra, Sr. AAG. Honble Mr. Justice M.M. Kumar, Chief Justice Date:30. 11.2012 : : M. M. Kumar, CJ 1.This is an application filed by Dr. Arun Kumar, seeking transfer of SWP no. 1716/2009, preferred by the State of Jammu and Kashmir challenging the order dated 20.05.2009 passed by the Central Administrative Tribunal, Chandigarh (Camp at Jammu).2. The writ petition has been filed by the State of Jammu and Kashmir at Srinagar Wing of the High Court whereas the matter was decided at Jammu by the Central Administrative Tribunal. The petitioner has asserted that once the Tribunal has decided the matter at Jammu, there was hardly any justification for the State to file the writ petition at Srinagar Wing of the High Court3. The application has been opposed by Mr. Gagan Basotra, learned Sr. AAG, ur...
Satinder Kour and ors Vs. Daljeet Singh
Court: Jammu and Kashmir
Decided on: Nov-30-2012
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU. CTA No. 1 OF 201.Satinder Kour and Ors Petitioners Daljeet Singh Respondent !Mr.P. S. Pawar, Advocate ^None Honble Mr. Justice M.M. Kumar, Chief Justice Date:30. 11.2012 : : M. M. Kumar, CJ 1.This is an application with a prayer for transferring the petition filed by the respondent-husband under Section 9 of the Hindu Marriage Act ( for brevity the Act) titled as Baljeet Singh v. Satinder Kour and ors pending in the Court of Additional District Judge, Srinagar to any Court of competent jurisdiction at Jammu. The petition has been preferred by the wife and her father, mother and brother.2. According to the averments made by the petitioners, the petitioner no.1- wife was thrown out of the matrimonial home on account of demand of dowry on the part of the respondenthusband and his parents. An FIR no. 24/2011 dated 21.11.2011 has been lodged by petitioner no.1 with Police Station, Women 2 Cell, Jammu under Sections 498-A, 506, 323, 406 and 109 RPC ...
Manohar Lal Vs. State of Jandk; and ors
Court: Jammu and Kashmir
Decided on: Nov-29-2012
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU. LPASW No. 88 OF 200.Manohar Lal Petitioners State of J&K and ors Respondent !None ^ Honble Mr. Justice M. M. Kumar, Chief Justice Honble Mr. Justice Mohammad Yaqoob Mir, Judge Date:29. 11.2012 : : M. M. Kumar, CJ 1.The instant appeal challenges the judgment and order dated 07.05.2009 rendered by the learned Single Judge of this Court, holding that the appellant-petitioner was given promotion as Master on 25.05.2005 on the assumption that he was appointed as Teacher on 13.12.1988. The respondent- Department later on found that in fact he was appointed as Teacher on 10.09.1992 and was thus not eligible for promotion to the post of Master.2. The appellant-petitioner approached the Writ Court with the prayer that order dated 08.11.2005 cancelling the order of promotion was passed by the Director School Education Jammu, without following the principles of natural justice. The learned Single Judge rejected his prayer by holding that the 2 rules o...
Union of India and ors Vs. Shakuntala Rani
Court: Jammu and Kashmir
Decided on: Nov-29-2012
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU. LPASW No. 119 OF 200.Union of India and ors Petitioners Shakuntala Rani Respondent !Mr. P. S. Chandel, CGSC ^Mrs. Surinder Kour, Sr. Advocate with Mr. Rajiv Gorkha, Advocate Honble Mr. Justice M. M. Kumar, Chief Justice Honble Mr. Justice Mohammad Yaqoob Mir, Judge Date:29. 11.2012 : : M. M. Kumar, CJ 1.The short issue raised in this appeal filed by Union of India and the Chief of Army Staff alongwith other Officers is whether Hysterical Neurosis is attributable to military service so as to grant the benefit of disability pension to the husband of the writ petitioner-respondent. According to the appellant the non detection of the disease at the time of induction of the husband of the writ petitioner-respondent in service would not constitute a basis to conclude that the disease was attributable to military service. According to the appellant, it is a constitutional disease and the instruments which are required to detect such a disease at the t...
Kashmir Distilleries Private Ltd Vs. State of Jandk; and ors
Court: Jammu and Kashmir
Decided on: Nov-27-2012
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU. LPAOW No. 85 OF 201.Kashmir Distilleries Private Ltd Petitioners State of J&K and ors Respondent !Mr. D. S. Thakur, Sr. Advocate with Mr. K. D. S. Kotwal, Advocate ^ Honble Mr. Justice M.M. Kumar, Chief Justice Honble Mr. Justice Hasnain Massodi, Judge Date:27. 11.2012 : : M. M. Kumar, CJ 1.The instant appeal under Clause 12 of the Letters Patent is directed against judgment and order dated 16.11.2012 rendered by the learned Single Judge of this Court rejecting the claim made by the appellant-petitioner for refund of the amount on account of staff charges alongwith interest in terms of Section 24-B of the Jammu and Kashmir Excise Act Svt. 1958 (for brevity the Act). The aforesaid amount was recovered by the respondent-State from the appellant-petitioner as staff charges.2. The principal ground for rejecting the claim by the learned Single Judge is that the appellant-petitioner had earlier filed OWP no. 246 of 1999 with the prayer for quashi...
Ravinder Raina Vs. State of Jandk; and ors
Court: Jammu and Kashmir
Decided on: Nov-27-2012
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU. LPASW No.107 OF 200.Ravinder Raina Petitioners State of J&K & Ors Respondent !Mr. K. L. Pandita, Advocate ^None Honble Mr. Justice M. M. Kumar, Chief Justice Date:27. 11.2012 : : M. M. Kumar, CJ 1.This appeal under Clause 12 of the Letters patent is directed against judgment and order dated 24.04.2009 rendered by the learned Single Judge of this Court, rejecting the claim of the appellant-petitioner that he was entitled to selection and appointment on the post of Junior Assistant. The learned Single Judge held that he could not qualify the type test and was not thus selected.2. It is appropriate to mention that respondents have issued an advertisement on 09.03.1999 inviting 2 applications for the post of Junior Assistant. The appellant-petitioner applied under the Resident of Backward Area ( for brevity RBA) Category. The prescribed qualification was Matric with the speed of 30 words per minute in type writing. When the type test was co...
State of Jandk; and ors Vs. Naresh Kumar
Court: Jammu and Kashmir
Decided on: Nov-23-2012
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU. LPASW NO. 180 OF 200.State of J&K & Ors Petitioners Naresh Kumar Respondent !Mr. Gagan Basotra, Sr. AAG with Mr. G. S. Thakur, GA ^Mr. N. A. Choudhary, Advocate. Mr. Raghu Mehta, Advocate Honble Mr. Justice M. M. Kumar, Chief Justice. Honble Mr. Justice Mohammad Yaqoob Mir, Judge. Date:23. 11.2012 : : M. M. Kumar, CJ 1.The instant appeal under Clause 12 of the Letters Patent is directed against judgment and order dated 13.02.2009 rendered by the learned Single Judge, allowing the writ petition filed by the writ petitioner-respondent, holding that the appellant-State committed illegality by passing the order of termination on 07.04.2005 in respect of the writ petitionerrespondent. A direction has also been issued to the appellant to re-engage the writ petitioner-respondent and take a decision of his regularization under SRO 6.of 1994 within a period of three months.2. The writ petitioner-respondent was engaged as a cook on 04.08.1997 on ...
Kiran Pandita Amd ors Vs. State of Jandk; and ors
Court: Jammu and Kashmir
Decided on: Nov-23-2012
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU. CTA no. 5 OF 201.Kiran Pandita amd ors Petitioners State of J&K and ors Respondent !Mr. Sumir Pandita, Advocate ^Mr. P. N. Goja, Advocate Honble Mr. Justice M. M. Kumar, Chief Justice Date:23. 11.2012 : : M. M. Kumar, CJ 1.This is an application preferred by Mrs. Kiran Pandita, Veenu Koul and Reeta Koul daughters of late Jai Krishan Pandita for transfer of civil suit titled Kiran Pandita and ors v. State and ors from the court of learned Sub Judge (C.J.M) Anantnag to any court of competent jurisdiction at Jammu.2. The petitioners were originally residents of Village Khalhar, Chinigund and Vessoo of Tehsil Dooru District Anantnag in Kashmir Valley respectively. They migrated and are presently residing at Jammu. However, without their knowledge their brothers, Ashok Kumar and Ramesh Kumarrespondent nos. 4 and 5 respectively have sold the whole property belonging to late Shri Jai Krishan Pandita to 2 respondent nos. 6 and 7, namely, Abdul Maji...
Pooja Nayyar Vs. Sandeep Kumar Sawhney
Court: Jammu and Kashmir
Decided on: Nov-23-2012
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU. CTA no. 34 OF 201.Pooja Nayyar Petitioners Sandeep Kumar Sawhney Respondent !Mr. Rajneesh Oswal, Advocate ^None Honble Mr. Justice M. M. Kumar, Chief Justice Date:23. 11.2012 : : M. M. Kumar, CJ 1.Smt. Pooja Nayyar has filed the instant petition under Section 24 of the Code of Civil Procedure, 1977 for transferring the petition filed by her husband Sandeep Kumar Sawhney under Section 10 of the Hindu Marriage Act, pending in the Court of learned Principal District Judge, Srinagar to the Court of Additional District Judge (matrimonial Cases) Jammu. It is pertinent to mention that the respondent-husband has sought relief of dissolution of marriage in the aforesaid petition.2. Brief facts of the case, as disclosed in the instant petition, are that the petitioner is a resident of Miran Sahib Tehsil R. S. Pura and she was married to the respondent in the month of June, 2010 at her village in accordance with Hindu rites and 2 customs. Soon after the m...
Jyoti Gupta Vs. Jatinder Gupta
Court: Jammu and Kashmir
Decided on: Nov-23-2012
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU. CTA no. 34 OF 201.Jyoti Gupta Petitioners Jatinder Gupta Respondent !Mrs. Rozina Afzal, Advocate ^None Honble Mr. Justice M. M. Kumar, Chief Justice Date:23. 11.2012 : : M. M. Kumar, CJ 1.The instant petition has been filed by the petitioner for transferring the petition under Section 9 of the Hindu Marriage Act, pending in the Court of learned Principal District Judge, Kathua to any Court of competent jurisdiction at Jammu. It is pertinent to mention that the respondent has sought the relief of restitution of conjugal rights with the petitioner through the medium of petition filed under Section 9 of the Hindu Marriage Act.2. At the very out set learned counsel for the petitioner submitted that on the consensus of learned counsel for the parties, CTA no. 36/2010 and CMA no. 24/2012 was allowed by this Court and petition under Section 13 of the Hindu Marriage 2 Act between the same parties was transferred from the court of Principal District Jud...
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