Jammu and Kashmir Court May 2012 Judgments
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1) Jandkssrb; Vs. 1) Neelam Gupta and ors
Court: Jammu and Kashmir
Decided on: May-17-2012
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU. LPAOW No. 291 OF 200.AND LPASW No. 330 OF 200.AND LPASW 34 20021) J&KSSRB Petitioners1) Neelam Gupta and ors2) Jagdeep Kour and ors3) 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 : 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 Education Teachers were advertised by the appellant-Board wherein and whereunder candidates pos...
Sardar Chand Anthal. Vs. Ajit Singh and anr
Court: Jammu and Kashmir
Decided on: May-17-2012
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU. CSANo. 22 OF 200.AND CMA No. 27 OF 200.Sardar Chand Anthal. Petitioners Ajit Singh & anr Respondent !Mr. Virender Bhat, Advocate ^Mr. R.K.Jain, Advocate Honble Mr. Justice J.P. Singh, Judge. Date:17. 05.2012 :JUDGMENT : Order Ajit Singh-respondent No.1s Suit for declaration that Sale Deed dated 17.03.1999 executed by Rakesh Kumarrespondent No.2 in favour of Sardar Chand Anthal, the appellant, was null and void and he be declared owner of the Plot of land measuring 8 Marlas comprised in Khasra No.95 min situated at Karan Nagar, Jammu, besides for Permanent Prohibitory Injunction restraining the appellant and respondent No.2 from interferring in respondent No. 1s peaceful possession over the Plot, was dismissed by the trial 2 Court of Ist Additional Munsiff (Forest Magistrate), Jammu on 04.12.2004 holding that respondent No.1 had failed to prove his title and right in the land. His Appeal against the Decree and Judgment of the trial Court was...
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 LPASW No. 330 OF 201.J&KSSRB Petitioners 1)Neelam Gupta and ors2) 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 Muzaffar Hussain Attar 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 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 Physica...
Lalita Kumari. Vs. State of Jandk; and ors
Court: Jammu and Kashmir
Decided on: May-16-2012
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU. SWP No. 1112 OF 200.AND CMA No. 1637 OF 200.Lalita Kumari. Petitioners State of J&K and ors Respondent !Mr. Nirmal Kotwal, Advocate ^Mr. Rahil Raja, Advocate Honble Mr. Justice J.P. Singh, Judge. Date:16. 05.2012 : : JUDGMENT Applications were invited from the permanent residents of the State of Jammu and Kashmir by the Jammu and Kashmir Services Selection Board, Srinagar vide its Advertisement Notice No. 07 of 2008 for selection against various posts which included 20 posts of Junior Grade _urse. The qualification prescribed for the post was 10+2 with Diploma in Nursing from recognized Institute. The petitioner, a Matriculate with Diploma Course in General Nursing from the Jammu and Kashmir State Medical Faculty, seeks her consideration against the advertised post urging that the qualification prescribed for the post by the Services Selection Board being contrary to the Jammu and Kashmir Nursing (Subordinate) Service Recruitment Rules1971....
Haroon Rashid Beg Vs. State and ors
Court: Jammu and Kashmir
Decided on: May-16-2012
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU. SWP No. 1140 OF 201.AND CMA No. 1755 OF 201.Haroon Rashid Beg Petitioners State and ors Respondent !Mr.Sudershan Sharma, Adv ^ Honble Mr. Justice Muzaffar Hussain Attar, Judge. Date:16. 05.2012 : : This petition is filed with the prayer that the respondents be directed to engage the petitioner as Technical Assistant under MGNREGA. Learned counsel for the petitioner submitted that one Tanveer Ahmed Sheikh, Irfan Hussain and Aadil Hussain Lone have been engaged as Technical Assistants. Learned counsel submitted that MGNREGA is a Scheme sponsored by Central Government and different positions and vacancies available under the said Scheme are filled up by the respondents without following any norm or procedure. Learned counsel submitted that the petitioner is having Diploma in Civil Engineering from Government Polytechnic College, Jammu. Learned counsel further submitted that the post of Technical Assistant is equivalent to the post of Junior Engine...
Kuldeep Saproo and ors. Vs. Union of India and ors
Court: Jammu and Kashmir
Decided on: May-16-2012
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU. OWP No. 341 OF 201.Kuldeep Saproo and ors. Petitioners Union of India and ors Respondent !Mr. C.M.Koul, Advocate ^Mr. Tashi Rabstan, CGSC Honble Mr. Justice J.P. Singh, Judge. Date:16. 05.2012 : : JUDGMENT The Directorate General Doordarshan conveyed the Corporations approval to petitioners proposals requiring them to submit final Script of requisite number of their respective episodes within thirty days of the receipt of Communication dated June 08/09, 2011. Despite receipt of the requisite episodes, the Broadcasting Corporation did not proceed further in the matter to facilitate their telecast from DD Kashir. Complaining of the Broadcasting Corporation of Indias inaction on their submitted episodes for their telecast, besides projecting violation of their enforceable rights in reaping the benefits of their work which was approved by the Corporation, the petitioners have approached this Court 2 seeking directions against the Corporation and it...
Uco Bank Vs. Kamlesh Gandotra and Others
Court: Jammu and Kashmir
Decided on: May-15-2012
The facts leading to the filing of this Civil Ist Appeal directed against the Decree dated 14.02.2011 of the Principal District Judge, Jammu whereby respondents’ Suit for appellant’s eviction from House No. 92-B Block-A Gandhi Nagar, Jammu and compensation for use and occupation thereof was decreed against the Appellant may, in brief, be stated thus:- House No. 92-B Block A, Gandhinagar, Jammu comprising of a Main Hall with 1782.23 Sq.ft Carpet area and basement with 601.84 Sq.ft area was leased out by the predecessor-in-interest of the respondents to the Appellant- UCO Bank vide Lease Deed dated January 8, 1993 for a period of ten years with effect from December 16, 1992 at a monthly rent of Rs.8,695/- with 20% increase in the monthly rent after the expiry of five years. The Lease Deed executed by the parties inter alia provided for a further lease of five years after the expiry of the initial period of lease, on mutually acceptable terms, conditions and covenants. D...
Surat Singh. Vs. U.O.i and ors
Court: Jammu and Kashmir
Decided on: May-15-2012
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU. SWP No. 454 OF 200.Surat Singh. Petitioners U.O.I and ors Respondent !Mr. J.P.Gandhi, Advocate ^Mr. Sandeep Sharma, Advocate vice Mr. W.S.Nargal,CGSC Honble Mr. Justice J.P. Singh, Judge. Date:15. 05.2012 : : After his retirement on superannuation as Noncommissioned Officer of the Indian Navy, the petitioner served the Power Development Department of the State Government from July 1997 to February 2006 as Junior Engineer, on re-employment. His Claim to Dearness Relief on Pension from Navy was declined on the ground that his pay having not been fixed at the minimum of the pay scale during his re-employment, he was disentitled to the Dearness Relief on Pension. According to the respondents, the pay of the petitioner having been fixed allowing him the benefit of eight increments, he was not entitled to Dearness Relief on Pension because in terms of the Office Memorandum, it was available 2 only to those re-employed officers whose pay was fixed in...
Uco Bank. Vs. Kamlesh Gandotra and ors
Court: Jammu and Kashmir
Decided on: May-15-2012
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU. CIA No. 2 OF 201.AND CMA No. 5 OF 201.UCO Bank. Petitioners Kamlesh Gandotra & Ors Respondent !Mr. U.K.Jalali, Sr. Advocate with Ms. Shivani Jalali, Advocate and Mr. K.S.Puri, Advocate ^Mr. Ranjeesh Oswal, Advocate Honble Mr. Justice J.P. Singh, Judge. Date:15. 05.2012 : : JUDGMENT The facts leading to the filing of this Civil Ist Appeal directed against the Decree dated 14.02.2011 of the Principal District Judge, Jammu whereby respondents Suit for appellants eviction from House No. 92-B Block-A Gandhi Nagar, Jammu and compensation for use and occupation thereof was decreed against the Appellant may, in brief, be stated thus:- House No. 92-B Block A, Gandhinagar, Jammu comprising of a Main Hall with 1782.23 Sq.ft Carpet area and basement with 601.84 Sq.ft area was leased out by the predecessor-in-interest of the respondents to the Appellant- UCO Bank vide Lease Deed dated January 8, 1993 for a period of ten years with effect from December 1...
Jagir Singh Vs. Jagjit Singh and anr
Court: Jammu and Kashmir
Decided on: May-15-2012
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU. 561_A No. 253 OF 201.Jagir Singh Petitioners Jagjit Singh and anr Respondent !Mr. Sunil Sethi, Sr. Adv. With Ms. Veenu Gupta, Adv ^Mr. K.S. Chib, Adv. for R-1 Ms. Z.S. Watali, Dy.AG for R-2 Honble Mr. Justice Muzaffar Hussain Attar, Judge. Date:15. 05.2012 : : This petition is filed seeking setting aside of the order dated 8th July, 2011, passed by the learned Municipal Magistrate, Jammu as also the order dated 26th September, 2011, passed by the learned Sessions Judge, Jammu. One Bimla Kour was married to Jagjit Singh accused in the year 1995 and she gave birth to two sons. In the year 2011, the sons were at the age of 13 and 15 respectively. An FIR bearing registration No.74/11, under Sections 306/498-A RPC was lodged with Police Station, Gangyal on the allegation that because of the continuous torture and ill treatment meted out to the Bimla Kour by her husband, she committed suicide by taking some poisonous substance. After the arrest of t...
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