Jammu and Kashmir Court June 2012 Judgments
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Veena Kumari Vs. State of Jandk; and ors
Court: Jammu and Kashmir
Decided on: Jun-14-2012
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU. LPASW No. 160 OF 201.Veena Kumari Petitioners State of J&K & ors Respondent !Mrs. Shivani Jalali Pandita,Advocate ^Mrs. S. Hakim, Dy.A.G for R- 1 to 5. Mr. Ashok Sharma, Advocate for R-6 Hon'ble Mr. Justice Virender Singh, Judge. Honble Mr. Justice Hasnain Massodi, Judge. Date:14. 06.2012 :JUDGMENT : Per Virender Singh-J:1. The instant Letters Patient Appeal is directed against the judgment of the learned Single Judge dated 08.06.2011 passed in SWP No.937/2009, whereby upholding the appointment of private respondent No.6 (for short writ petitioner) as Rehbar-e-Taleem teacher for Upgraded Middle School, Panjah, Teshil Kalakote, District Rajouri as legal, directed the official respondents to consider the case of the appellant also, for the post of Rehbar-e-Taleem teacher against any available vacancy in the said school 2 under Sarv Siksha Abhiyan (SSA) Scheme.2. By way of interim order, confirmation of the writ petition as General Line Te...
Divisional Manager Vs. Mohd. Hanief and anr
Court: Jammu and Kashmir
Decided on: Jun-06-2012
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU. CIMA No. 119 OF 200.Divisional Manager Petitioners Mohd. Hanief and anr Respondent !Mr. Vipan Gandotra, Advocate ^Mr. P. N. Bhat, Advocate Mr. Justice Muzaffar Hussain Attar, Judge Date:06. 06.2012 : : (Oral) Following substantial question of law is involved in this case: Whether in absence of evidence of the medical expert viz. doctor about the loss of earning capacity suffered by the workman having suffered permanent total disablement because of the accident which he met during the course of his employment, the Authority under the Workmens Compensation Act, 1923 (for short Act of 1923) has the power to fix and determine the loss of earning capacity. In order to determine the substantial question of law, facts are briefly summarized as under: Workman-respondent sustained injuries in an accident which occurred on 10th day of September, 1999 in the course of his employment with the appellant. The respondent-workman was engaged for Chiran (Sawing...
Nawab DIn Vs. State of Jandk; and ors
Court: Jammu and Kashmir
Decided on: Jun-04-2012
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU. SWP No. 1928 OF 200.Nawab Din Petitioners State of J&K and ors Respondent !Ms. Surinder Kour, Sr. Advocate with Ms. Davinderpreet Kour, Advocate ^Mr. Srishti Pal Mengi, Advocate Mr. JUSTICE J.P. SINGH Date:04. 06.2012 : : CMA No. 2424 OF 200.JUDGMENT The petitioner has filed this Writ Petition seeking directions to the State and its functionaries in the Forest Department for his regularization in Government Service and release of salary with effect from September 2005. The State-respondents contest the petitioners Claim to regularization urging that having been engaged as a Casual Labourer, petitioner was not entitled to regularization in view of the provisions of the Jammu and Kashmir Daily Rated Workers/Work Charged Employees (Regularisation) Rules, 1994. 2 Considered the submissions of the learned counsel for the parties. To support his Claim to regularization, the petitioner relies on the judgment delivered by this Court in Writ Petitio...
1) Ajab Singh Wazir Vs. 1) State Th. Spl Public Prosecutor, Jmu
Court: Jammu and Kashmir
Decided on: Jun-04-2012
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU. 561-A No. 167 OF 201.AND Cr Rev No. 39 OF 20121) Ajab Singh Wazir2) Trilochan Singh Petitioners1) State th. Spl Public Prosecutor, Jmu2) State th. SHO, Bahu Fort Respondent !Mr. P. N. Raina, Sr. Advocate with Mr. J.A. Hamal, Advocate Mr. Anil Sethi, Advocate in Cr. Rev. No. 167/2012 ^None Mr. Justice Muzaffar Hussain Attar, Judge Date:04. 06.2012 : : Case:561. A No. 167/2012 CMA No. 188/2012 c/w Cr. Rev. No. 39/2012 Cr. MA No. 37/2012 (Oral) Order dated 08.05.2012 passed by the learned Principal Sessions Judge, Jammu is called in question, wherein charges have been ordered to be framed against the petitioners-accused. Petitioner in the revision petition has prayed for quashment of the aforementioned order and requested for treating the same as petition under Section 561-A. The revision against the order of framing of charge is not maintainable, as order framing of charge is interlocutory order and the revision against the same is barred under S...
Shafiq Alias Shaku Vs. State of Jandk; and ors
Court: Jammu and Kashmir
Decided on: Jun-04-2012
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU. HC (W) No. 3 OF 201.Shafiq alias Shaku Petitioners State of J&K and ors Respondent !Mr. Raghu Mehta, Advocate ^Mr. Gagan Basotra, AAG Mr. JUSTICE J.P. SINGH Date:04. 06.2012 : : CrMA No. 2 OF 201.Shafiq alias Shaku seeks quashing of District Magistrate, Udhampurs Order No. PSA-2011/DMU/JC/05 dated 19.12.2011 whereby he was ordered to be detained under Section 8 of the Jammu and Kashmir Public Safety Act, 1978. Appearing for the detenue, his learned counsel questions the Detention, inter alia, on the ground that having been deprived of his right to represent against his detention to the Government because of Detaining Authoritys omission to supply him the material that was relied upon by it in contemplating the Detention, the Detention of Shafiq was unjustified and unconstitutional. Considered the submissions of learned counsel for the parties advanced at the Bar and perused the Detention Records 2 produced by the learned Additional Advocate...
M/S Helpline Advertising Services Vs. State of Jandk; and ors
Court: Jammu and Kashmir
Decided on: Jun-04-2012
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU. OWP No. 1163 OF 200.AND Contempt(OW)No. 121 OF 200.AND Contempt(OW) No. 131 OF 200.M/S Helpline Advertising Services Petitioners State of J&K and ors Respondent !Mr. Sunil Sethi, Sr. Advocate with Mr. Ravi Abrol, Advocate ^Mr. S.S.Nanda, Advocate Mr. U.K.Jalali, Sr. Advocate with Ms. Shivani Jalali, Advocate Mr. JUSTICE J.P. SINGH Date:04. 06.2012 : : CMA No.1497/2009 Judgment The petitioner-M/S Helpline Advertising Services bid in response to Jammu Municipal Corporations NIT for privatization of display of Outdoor Advertisements like hoardings, kiosks, Unipoles etc within the Jammu Municipal Corporation Limits of Municipal Ward Nos. 1 to 48, having been found the highest, a Letter of Intent was issued to it by the Municipal Corporation vide not JMC/RB/267-68 dated 03.09.2009 to deposit the first years License Fee of Rs.1,55,00786/- within seven days. The petitioner did not deposit the amount within the 2 stipulated period. Instead, after t...
Brij Lal Vs. Shankar Dass Gupta
Court: Jammu and Kashmir
Decided on: Jun-02-2012
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU. OWP No. 813 OF 201.Brij Lal Petitioners Shankar Dass Gupta Respondent !Mr. L. K. Sharma. ^Mr. Vikram Singh. Honble Mr. Justice Mohammad Yaqoob Mir, Judge Date:02. 06.2012 : :1. Suit for perpetual injunction captioned Shanker Dass Gupta vs. Brij Lal is pending before the Court of Munsiff, Katra. Petitioner(defendant) has failed to file the written statement despite having availed numerous opportunities. On 29.11.2011, then on 07.12.2011 and 11.01.2012, there was no representation on behalf of the defendant. Order dated 11.01.2012 is impugned, in terms whereof right to file the written statement has been closed.2. Petitioner (defendant) has filed an application for setting aside ex-parte proceedings and for extension of time for filing written statement, which has been dismissed vide order dated 21.05.2012. It has been observed that as against order dated 11.01.2012, remedy available is to file revision petition.3. Since the revisional powers hav...
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