Jammu and Kashmir Court May 2012 Judgments
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Mohan Lal Vs. Balak Ram
Court: Jammu and Kashmir
Decided on: May-31-2012
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU. CSA No. 12 OF 201.Mohan Lal Petitioners Balak Ram Respondent !Mr. O. P. Sharma, Advocate ^Mr. S. M. Choudhary, Advocate Mr. JUSTICE J.P. SINGH. Date:31. 05.2012 :JUDGMENT : CMA No. 16 OF 201.AND CMA No. 20 OF 201.ORDER The Appellants-defendants have filed this Civil Second Appeal questioning the concurrent findings of fact recorded by the Trial Court of Sub-Judge (CJM), Samba and the First Appellate Court of Principal District Judge, Samba. In terms of the Decrees and Judgments of the two Courts, the respondent-plaintiff was found in possession of four (4) kanals and fourteen (14) marls of land comprised in Khasra No2. situated at Village Rarian Tehsil Samba on the basis of the Family Settlement reached at in the year 2002. In recording the findings, the Courts below, inter alia, relied on the statement of appellant- Kali Dass who had admitted in his statement while under crossexamination that he and other co-sharers had got share of the proper...
Bhola Nath Vs. Harcharantjeet Singh and ors
Court: Jammu and Kashmir
Decided on: May-31-2012
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU. Contempt SWP No. 154 OF 200.AND SWP No. 910 OF 200.Bhola Nath Petitioners Harcharantjeet Singh & ors Respondent !Mr. D. K. Khajuria, Advocate ^Mr. K. K .Pangotra, ASGI Mr. JUSTICE J.P. SINGH. Date:31. 05.2012 :JUDGMENT : ORDER The Union of India and its functionaries were commanded to consider the petitioners claim to allowance(s) on lines similar to those on which it was payable to the Army Personnel deployed in counter insurgency operations in terms of the directions issued on petitioners Writ Petition SWP No.910/2004, which read thus:- This Petition is accordingly disposed of with a direction to the respondents to consider the claim of the petitioners for grant of various compensatory allowances for being posted in the areas 2 notified for grant of special allowances payable to armed forces. Let the consideration be accorded within a period of four months and if the petitioners are found entitled to their claims of allowances payable und...
Nidhi Sharma Vs. State of Jandk; and ors
Court: Jammu and Kashmir
Decided on: May-30-2012
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU. SWP No. 570 OF 200.Nidhi Sharma Petitioners State of J&K & ors Respondent !M/S D. S. Chauhan, Vikas Mangotra, Advocates ^Mr. H. C. Jalmeria, Advocate Mr. JUSTICE J.P. SINGH. Date:30. 05.2012 : : CMA No. 797 OF 200.Petitioner-Nidhi Sharma and respondent No.6- Mohan Singh claim selection and engagement as Rehbare- taleem-3rd Teacher in Government Primary School Tolla- Plahi Basholi. According to the petitioner, respondent no.6 was ineligible to compete for selection against the post of 3rd Teacher (Rehbar-e-taleem), for, he did not possess the essential qualification of Graduation needed therefor, and his qualification of BPED and MPED was not equivalent to Graduation. Another reason advanced by her to oppose respondent No.6s claim and support her candidature for selection and engagement, is the dismissal of respondent No.6s Writ Petition (SWP) No. 2230/2003 where he had questioned the selection of 2 the petitioner as Rehbar-e-taleem. The...
Harnam Singh and anr Vs. State of Jandk; and ors
Court: Jammu and Kashmir
Decided on: May-30-2012
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU. SWP No. 927 OF 201.AND SWP No. 1780 OF 201.AND SWP No. 927/2011 Harnam Singh and anr Petitioners State of J&K & ors Respondent !Mr. M.P.Sharma, Advocate ^Mr. Gagan Basotra, AAG Mr. O.P.Thakur, Advocate Mr. JUSTICE J.P. SINGH. Date:30. 05.2012 : : CMA Nos. 2072/2011, 2073/2011 & 1343/2011 CMA No.2612/2011 JUDGMENT Rejected for selection as Constable in the Jammu and Kashmir (Executive) Police held pursuant to Police Headquarters Jammu and Kashmir, Jammus Advertisement Notice not Pers-A-21/2010/4804-903 dated 07.04.2010, the petitioners initially filed Writ Petition SWP No.927/2011, claiming selection and appointment as Constables. During the pendency of the Writ Petition, they filed yet another Writ Petition SWP No.1780/2011 seeking quashing of the selection of respondent Nos. 5 to 11 and for their appointment with retrospective effect. In both the Writ Petitions they claim selection against the posts reserved for RBA Category additi...
Dharuv Singh(Through His Legal Representatives) Vs. State of Jandk; an ...
Court: Jammu and Kashmir
Decided on: May-30-2012
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU. OWP No. 1626 OF 201.Dharuv Singh(through his legal representatives) Petitioners State of J&K & ors Respondent !Mr. Vikas Mangotra, Advocate ^Mr. A.H.Qazi, AAG. M/S S.K.Shukla & R.S.Pathania, Advocates Mr. JUSTICE J.P. SINGH. Date:30. 05.2012 : : CMA Nos. 752/2012, 2402/2011, 2259/2011 & 877/2012 JUDGMENT The petitioners predecessor-in-interest Mr. Dharuv Singh filed this Writ Petition questioning District Magistrate, Kathuas order not DCK/YC/IH2/1282 dated 08.12.2011 whereby directions were issued to the Executive Officer, Municipal Committee, Kathua to demolish the illegal structure raised by him on the Nazool land, after due verification thereof from the Revenue Records, acting on the Report of the Demarcation Committee constituted for the purpose which after conducting the spot inspection, found Dhrub Singh to have encroached upon two marlas of Nazool land. The grievance projected by him in the Writ Petition is that the Demar...
Nazira Begum and Another. Vs. State Jandk; and Others
Court: Jammu and Kashmir
Decided on: May-29-2012
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU. OWP No. 1258-S OF 201.Nazira Begum And Another. Petitioners State J&K and Others Respondent !None ^M.I.Qadri Advocate General for Respondents 1to5 Honble Mr. Justice Hasnain Massodi, Judge. Date:29. 05.2012 : :1. On 23rd September, 2011 Shri Parvez Imroz Advocate, learned Counsel for the petitioners addressed arguments at length and referred to the facts and events reflected in the petition and documents appended thereto that, according to Mr. P.Imroz must persuade the Court to grant reliefs sought in the petition. On 30th September 2011, Shri Prashant Bhushan, Learned Senior Advocate appearing for the petitioners, concluded arguments in presence of Mr. Magray Senior Additional Advocate GeneralCounsel for the respondents. Against the backdrop of case set up and arguments advanced, Learned Advocate General/ Counsel on behalf of the State Government, was requested to assist the Court on the next date of hearing. The respondents were given lib...
Captian Vinod Kumar Vs. State of Jandk;
Court: Jammu and Kashmir
Decided on: May-23-2012
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU. LPAOW No. 19 OF 201.Captian Vinod Kumar Petitioners State of J&K Respondent !Mr. B. S. Slathia, Sr. Advocate with Mr. Ashish Arora, Adv ^None Hon'ble Mr. Justice Virender Singh, Acting Chief Justice. Honble Mr. Justice Mohammad Yaqoob Mir, Judge. Date:23. 05.2012 :JUDGMENT : Per Virender Singh-ACJ.1. Delay in dispensation of justice, more often than not, is occasioned because of procedural wrangles. The case on hand is of that type.2. The present two petitioners are facing trial in case FIR No.47/1998 registered at Police Station Mandi, Poonch, on 25.09.1998 for offences punishable under Sections 376, 456 and 342 RPC.3. The factual matrix of the prosecution case needs to be noticed in the start4. The petitioners are members of Armed Forces, petitioner No.1 is a Captain in 8th Btn. JAKLI of the Army and petitioner No.2 a Havaldar in said Btn. The allegation against them is that on the night intervening 22nd and 23rd September, 1998, they whi...
Basant Rath and ors. Vs. Ch. Nagar Singh
Court: Jammu and Kashmir
Decided on: May-23-2012
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU. 561_A No. 155 OF 201.AND CMA No. 178 OF 201.Basant Rath and ors. Petitioners Ch. Nagar Singh Respondent !Mr. S.S. Ahmed Adv ^Mr. R.K. Kotwal, Adv Honble Mr. Justice Hasnain Massodi, Judge. Date:23. 05.2012 :JUDGMENT : Notice. Mr. R.K. Kotwal, Advocate accepts notice on behalf of the respondent. The matter because of short controversy involved is, on consensus taken up for final disposal. Heard and Considered. Choudhary Nagar Singh respondent herein on 04.01.2012 filed a complaint against Shri Basant Rath and four other Police Officers in the Court of Chief Judicial Magistrate, Jammu alleging commission of offences punishable under Sections 500, 503 RPC and under Section 66-A of Information Technology Act, 2000. The respondent/complainants case was that the petitioners herein and their three other colleagues constituted a Special Investigation Team (SIT) for investigation of case FIR No.247/2009 at Police Station, Gandhi Nagar, Jammu, under Sec...
1.Dr. Sunil Kumar Raina and anr Vs. State of Jandk; and ors
Court: Jammu and Kashmir
Decided on: May-17-2012
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU. SWP No. 788 OF 201.1.Dr. Sunil Kumar Raina and anr 2.Dr. Anuradha Kerni and ors Petitioners State of J&K and ors Respondent !Mr. Abhinav Sharma, Advocate ^Mrs. Neeru Goswami, Dy. AG Honble Mr. Justice Muzaffar Hussain Attar, Judge. Date:17. 05.2012 :JUDGMENT : Case: SWP No. 788/2011 CMP No. 1138/2011 c/w Contempt (SWP) No. 242/2011 SWP No. 789/2011 CMP No. 1139/2011 Contempt (SWP) No. 243/2011. In these petitions similar questions of law are involved and at the request of learned counsel for the parties, are taken up together for final disposal. Petitioners are substantively holding the posts of Assistant Surgeon in the State Health Department and pursuant to the common entrance test conducted by the J&K Board of Professional Entrance Examination (for short BOPEE) in the year 2011, were selected to undergo various post graduation medical courses in Government Medical College, Jammu. These petitions are filed with the prayer that the com...
Jandkssrb; Vs. 1.Neelam Gupta and ors
Court: Jammu and Kashmir
Decided on: May-17-2012
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU. LPASW No. 291 OF 200.AND CMA No. 314 OF 200.AND CMA No. 161 OF 200.J&KSSRB Petitioners 1.Neelam Gupta and ors 2.Jagdeep Kour and ors 3.Jaipal Singh and anr Respondent !Mr.Vinod Bakshi, Dy. AG ^Mrs. Surinder Kour, Sr. Advocate with Mr. Rajiv Gorka, Advocate Mr. B. B. Kotwal, Advocate Mr. Rahul Pant, Advocate Mr. Vivek Sharma, Advocate Honble Mr. Justice J.P. Singh, Judge Honble Mr. Justice Muzaffar Hussain Attar, Judge. Date:17. 05.2012 :JUDGMENT : LPASW No. 291/2002 CMA Nos. 314/2003 and 161/2006 c/w LPASW No. 330/2002 LPASW No. 341/2002 Muzaffar Hussain Attar Three writ petitions were disposed of by one common judgment against which three letters patent appeals have been filed. These appeals have been considered and are being disposed of by this common judgment. Respondents/writ petitioners in whose favour judgement have been passed in the year 2002 have yet to reap the benefits accrued thereunder. In the year 1996-97, posts of Physical Ed...
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