Jammu and Kashmir Court December 2012 Judgments
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1) Mohd. Ashraf Dar Vs. State of Jandk; and ors
Court: Jammu and Kashmir
Decided on: Dec-31-2012
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU. OWP No. 1244 OF 201.AND OWP No. 1243 OF 20121) Mohd. Ashraf Dar2) Ghulam Hassan Dar3) Mohd. Jabar Dar4) Shams ud-din Petitioners State of J&K & ors Respondent !Mr. Rizwan-ul-Zaman, Advocate ^Mr. G. S. Thakur, Advocate Honble Mr. Justice J.P. SINGH, Judge Date:31. 12.2012 :JUDGMENT : Finished and unfinished Willow Clefts belonging to Shams-ud-Din proprietor of M/s Shah Hamdan Willow Clefts and Cricket Bat, Dogripora Pulwama, loaded in Truck Nos. JK13A/4510, JK13B/4498 and JK03B/9023 belonging to Mohd. Jabar Dar, Mohd. Ashraf Dar and Ghulam Hassan Dar respectively, were intercepted by Deputy Director Forest Protection Force, Jammu, at Sidhra-Jammu. Finding that the Willow Clefts were being transported for their export out of State, the Deputy Director, Forest Protection Force, Jammu, informed the Divisional Forest Officer, Forest Division Jammu of the seizure of Willow Clefts and Trucks. 2 The Divisional Forest Officer, Forest Division Ja...
M/S Mohindra Bros Vs. Union of India and ors.
Court: Jammu and Kashmir
Decided on: Dec-31-2012
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU. AA No. 23 OF 201.M/s Mohindra Bros Petitioners Union of India & ors. Respondent !Mr. Anil Mahajan, Advocate ^Mr. R. P. Jamwal, CGSC Honble Mr. Justice J.P. SINGH, Judge Date:31. 12.2012 :JUDGMENT : . The petitioner- M/s Mahindra Bros seeks appointment of Arbitrator on the disputes projected by it in Paragraph No. 31 of the Petition which are stated to have arisen between it and the Union of India in respect of Contract CA No. CEUZ-19/2003-04, Prov. Of OTM Accm for 3rd TRD INF BN at Bhadarwah, because Union of India had refused to appoint Arbitrator on the ground that resort to arbitration in terms of Condition 70 of IAF 2249.General Conditions of Contract forming part of the Contract entered into between the parties could be had only if the parties agreed therefor in writing, and in any case not until the Contract was either completed or otherwise terminated. Union of India contests the petitioners request for appointment of Arbitrator urgi...
Dal Singh and ors Vs. State of Jandk; and ors.
Court: Jammu and Kashmir
Decided on: Dec-31-2012
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU. SWP No. 1827 OF 200.Dal Singh and ors Petitioners State of J&K & ors. Respondent !Mr. O.P. Thakur, Advocate ^Mr. Ravinder Sharma, AAG. Mr. P.N. Bhat, Advocate Mr. Justice J.P. Singh Date:31. 12.2012 :JUDGMENT : Aggrieved by empanelment for selection as Rehbar-e- Taleem in Schools situated at village Alni Gangota Tehsil Gandoh of District Doda, the petitioners - seven in number, approached this Court in the year 2004 seeking directions against State and its functionaries in Education Department not to appoint respondent Nos. 8 to 16 as Rehbar-e-Taleem and for a Command to them to appoint only eligible candidates of village Alni Gangota as Rehbar-e-taleem. Their Writ Petition, dismissed in default of appearance on December 15, 2007, was later restored but only insofar as it pertained to Mahesh Chander and Taslima Begum, petitioner Nos. 2 and 6. Zahida Bano W/o Anayat Hussain was impleaded as respondent No.17 vide order dated 03.11.2009. C...
Manav Mishra and ors Vs. State of Jandk; and anr
Court: Jammu and Kashmir
Decided on: Dec-31-2012
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU. 561-A No. 324 OF 201.Manav Mishra and ors Petitioners State of J&K & anr Respondent !Mr. G.S.Thakur, Advocate ^Ms. Z.S.Watali, Dy.AG.Ms. Surinder Kour, Sr. Advocate with Ms. Vandana Sharma, Advocate Mr. Justice J.P. Singh Date:31. 12.2012 :JUDGMENT : JUDGMENT Petitioner No.1-Manav Mishra and respondent No.2- Aditi were married according to Hindu religious rites on December 01, 2008. They started living in their matrimonial home at D-16, Lajpat Nagar-I, 3rd Floor Delhi but with some matrimonial disputes which ultimately led to respondent No.2s coming back to Jammu on January 23, 2010. She thereafter filed a Complaint with the learned Special Mobile Magistrate Passenger Tax, Shops and Establishment Act, Jammu on June 11, 2011 impleading Manav Sharma- her husband, Sham Sunder Mishra-her 2 father-in-law, Sharda Mishra-her mother-in-law, Mohit Mishra, Gourva Mishra and Aman Mishra-her brothers-inlaw, accusing them of harassment, maltreatment...
Dr. Arun Sharma Vs. State and ors
Court: Jammu and Kashmir
Decided on: Dec-31-2012
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU. SWP No. 658 OF 201.AND SWP No. 2407 OF 201.Dr. Arun Sharma Petitioners State and ors Respondent !Mr.R.K.Gupta, Sr. Advocate with Mr. Prem Sadotra, Advocate Mr. S.K. Shukla, Advocate Mr. Rahul Pant, Advocate ^Mrs.Neeru Goswami, Dy.AG Mr. D.C. Raina, Sr. Advocate with Mr. F.A. Natnoo, Advocate. Mr. D.S. Thakur, Sr. Advocate with Ms. Aruna Thakur, Advocate Mr. S.S. Ahmed, Advocate Mr.Vikram Sharma, Advocate Honble Mr. Justice Hasnain Massodi, Judge Date:31. 12.2012 :JUDGMENT : SWP No.658/2011 SWP No.2407/2011 SWP No.2529/2011 SWP No.233/2012 SWP No.2044/2011 1. Controversy running through weft and warp of five petitions, on hand, relates to eligibility of a candidate with Master in Hospital Administration degree (MHA) awarded by TATA Institute of Social Sciences, Mumbai (for short, TATA Institute) to the post of Deputy Medical Superintendent in GMC, Jammu/Srinagar. The petitioners have to their 2 credit Master in Hospital Administration degree fro...
Raksh Pal Rana Vs. Union of India and anr
Court: Jammu and Kashmir
Decided on: Dec-28-2012
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU. LPASW No. 113 OF 200.Raksh Pal Rana Petitioners Union of India and anr Respondent !Mr. M. K. Bhardwaj, Sr. Advocate with Mr. Ajay Abrol, Advocate ^Mr. P. S. Chandel, CGSC Honble Mr. Justice M. M. Kumar, Chief Justice Honble Mr. Justice Hasnain Massodi, Judge Date:28. 12.2012 :JUDGMENT : M. M. Kumar, CJ 1.A short question of law raised in this appeal is whether the absence of use of expression provisional in the dissenting note prepared by the appointing authority for communicating the same with the inquiry report to the Charged Officer would vitiate the order inflicting the punishment of reducing the pay of the delinquent to the lowest scale in the time scale of Rs. 10000- 325-15200 for a period of three years etc. The question has been raised in the instant appeal under Clause 12 of the Letters Patent which is preferred by the Charged Officer, Deputy Commandant in the Central Reserve Police Force. The appeal is directed against the judgment an...
Munawar HussaIn Shah Vs. State of Jandk; and ors
Court: Jammu and Kashmir
Decided on: Dec-28-2012
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU. HC(W) No. 8 OF 201.Munawar Hussain Shah Petitioners State of J&K and ors Respondent !Mr. S.A.Malik, Advocate ^Mr. Gagan Basotra, AAG Honble Mr. Justice Hasnain Massodi, Judge Date:28. 12.2012 :JUDGMENT :1. Challenge in petition on hand, is to order No. 07/PSA of 2011 dated 4th of November, 2011 of District Magistrate Poonch (hereinafter Detaining Authority) whereby Sh. Manawar Hussain Shah alias Babu Shah S/o Habib Hussain Shah R/o Village Panag Sharief District Kotli, Pak-Occupied Kashmir, (hereinafter referred to as detenue for short), has been detained under Section 8(1)(b)(ii) J&K Public Safety Act, 1978 for a period of three months and he was directed to be lodged in district jail, Poonch2. The detention order is questioned on the grounds that it has been passed in a mechanical manner without application of mind and that the detenue has not been provided the documents relied upon by the detaining authority so as to enable him to ma...
Akash Chuni Vs. University of Jammu and ors
Court: Jammu and Kashmir
Decided on: Dec-27-2012
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU. OWP No. 1455 OF 201.Akash Chuni Petitioners University of Jammu & ors Respondent !Mr. B.S.Salathia, Sr. Advocate with Mr. Ashish Sharma, Advocate ^Mr. W.S.Nargal, Advocate Mr. Justice J.P. Singh Date:27. 12.2012 : : Though ineligible, the petitioner was admitted to the Master of Business Administration Programme (MBA), 2012 of University of Jammu but provisionally and subject to his furnishing documentary evidence of having passed the qualifying examination requisite for admission to the programme, within 21 days of the commencement of class work. At the time of his provisional admission, he had backlog of IIIrd semester paper, i.e., MTH-313 of his BE(IT), which was one of the essential qualifying examinations necessary for admission to the Course. The Course commenced on July 24, 2012 but the petitioner failed to furnish documentary evidence of having cleared the qualifying examination. 2 His admission was, accordingly, suspended. Aggrieve...
Rahul Sharma and anr Vs. State of Jandk; and anr
Court: Jammu and Kashmir
Decided on: Dec-27-2012
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU. 561-A No.100 OF 201.Rahul Sharma and anr Petitioners State of J&K & anr Respondent !Mr. Amit Sharma, Advocate ^Ms. Zhainab Shamas Watali, Dy.AG. Mr. M.L.Gupta, Advocate Mr. Justice J.P. Singh Date:27. 12.2012 : : Petitioner No.1-Rahul Sharma was married to respondent No.2-Megha Kakkar on 19.02.2007 at Jodhpur. After their marriage, they resided at Gurgaon-Haryana where they were working at IBM DAKSH, Gurgaon. Respondent No.2s father, however, brought her back to Jammu finding that petitioner No.1 and his relations had treated her with cruelty. He thereafter lodged Complaint with Police Station, Women Cell, Jammu on 10.08.2010, inter alia, indicating about the dowry items that he had given to petitioner No. 1 and his family members at the time of the marriage of his daughter. Petitioner No.1-Rahul Sharma, his mother Sarita Sharma 2 and sister Neha Sharma were accused in the Complaint of committing domestic violence against respondent No....
Sarita Raina Vs. Union of India and ors
Court: Jammu and Kashmir
Decided on: Dec-24-2012
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU. SWP No. 2511 OF 201.Sarita Raina Petitioners Union of India and ors Respondent !Mr. Amur Kotwal, Advocate ^Mr. Rajnesh Raina, CGSC vice Mr. K. K. Pangotra, ASGI Honble Mr. Justice M. M. Kumar, Chief Justice Honble Mr. Justice Hasnain Massodi, Judge Date:24. 12.2012 : : M. M. Kumar, CJ 1.The instant petition under Article 226 of the Constitution of India read with Section 103 of the Constitution of Jammu and Kashmir is directed against judgment and order dated 18.05.2009 rendered by the Central Administrative Tribunal, Chandigarh Bench, Circuit at Jammu, ( for brevity the Tribunal), whereby the claim of the writ petitioner for grant of family pension to her has been rejected on the ground that she has already secured divorce and had also remarried. The short order of the Tribunal is set out below for a ready reference:- 1. Even on the second call, there is no representation on behalf of the applicant.2. The facts of the case indicate that on the...
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