Jammu and Kashmir Court July 2012 Judgments
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Union of India Vs. Sohan Singh
Court: Jammu and Kashmir
Decided on: Jul-25-2012
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU. LPASW No. 386 OF 200.Union of India Petitioners Sohan Singh Respondent !Mr. Tashi Rabstan, CGSC ^Mr. B.S. Salathia, Sr. Advocate with Mr. Monish Chopra, Advocate. Mrs. S. Kour, Sr. Advocate with Mr. Rajiv Gorka, Advocate Honble Mr. Justice J.P.Singh, Judge. Honble Mr. Justice Hasnain Massodi, Judge Date:25. 07.2012 : : J.P. Singh-J : Sohan Singh-respondent, a Sepoy in 10 Sikh Regiment, was sentenced to Three Months Rigorous Imprisonment in Civil Jail and Dismissal from service, pursuant to his conviction under Section 39(a) of the Army Act, for absenting without leave from September 4 to September 16, 1998 and under Section 40(a) of the Army Act for using criminal force against his Superior Officer on September 26, 1998 besides under Section 39(a) for absenting without leave from September 26 to November 8, 1998 by the Summary Court Martial. He questioned his 2 conviction and sentence by Writ Petition SWP No. 2071/99. A learned Single Judge of ...
Union of India and ors Vs. Mukesh Kumar
Court: Jammu and Kashmir
Decided on: Jul-25-2012
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU. LPASW No. 160 OF 200.Union of India and ors Petitioners Mukesh Kumar Respondent !Mr. R. Koul, CGSC ^Mr. Sunil Sethi, Sr. Advocate with Mr. Ravi Abrol, Advocate Honble Mr. Justice J.P.Singh, Judge. Honble Mr. Justice Hasnain Massodi, Judge Date:25. 07.2012 : : J.P. Singh-J : This Letters Patent Appeal is directed against the order dated 2-9-2009 of a learned Single Judge of this Court whereby the respondent was ordered to be admitted to bail pending consideration of his Writ Petition SWP No. 1362/2009, questioning the conviction and sentence awarded by the Summary General Court Martial under sections 69 of the Army Act, contrary to sections 456 and 354 of the Ranbir Penal Code. 2 The respondent was admitted to Bail by the learned Single Judge on the solitary ground of his having been in custody for more than two years, when the punishment awarded to him was only two years. The learned Single Judge, therefore, did not comment on the merits of the...
S. Hazara Singh Vs. Ajit Singh and Another
Court: Jammu and Kashmir
Decided on: Jul-18-2012
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU. C2A No. 14 OF 201.S. Hazara Singh Petitioners Ajit Singh and another Respondent !Mr. Nirmal Kotwal, Advocate for the appellant ^Mr. Rajnesh Oswal, Advocate for the respondent no.2 Honble Mr. Justice Mohammad Yaqoob Mir-Judge Date:18. 07.2012 : :1. Vide Sale Deed executed on 06.04.2002 and registered on 09.04.2002, land measuring 01 Kanal and 16 Marlas covered by Khasra No.178-B min, Khata no.474, Khewat No.125 situated at village Kour, Tehsil R.S.Pura, Jammu has been sold by respondent no.1 to respondent no.2. The Mutation based on said Sale Deed has been attested in the year 2010 by the concerned Revenue Officer.2. The petitioner claimed to have superior right of purchase but notice as was required to be served upon him in terms of Section 18 of the Jammu and Kashmir Right of Prior Purchase Act, 1993, has not been issued at all.3. It is only on 05.03.2010, when according to him, respondent no.2 (Vendee) tried to enter upon the land in question...
Vijay Kumar Vs. State of Jandk;
Court: Jammu and Kashmir
Decided on: Jul-12-2012
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU. Cr Appeal No. 26 OF 200.AND Cr M A No. 25 OF 200.AND Confirmation No. 7 OF 200.Vijay Kumar Petitioners State of J&K Respondent !Mr. Anil Khajuria, Advocate ^Ms. Z.S.Watali, Dy.AG Honble Mr. Justice J.P.Singh, Judge. Honble Mr. Justice Muzaffar Hussain Attar, Judge Date:12. 07.2012 : : JUDGME_T J.P. Singh-J:1. The Appellant-Vijay Kumar was convicted and sentenced to Rigorous Imprisonment for Life and fine of Rs.5000/- under Section 302 RPC with default sentence of one year, and two years Rigorous Imprisonment and fine of Rs.2000/- with default sentence of six months under Section 498-A RPC by the learned Sessions Judge, Kathua vide his judgment and order dated 16.04.2009, for committing Murder of his wife- Pinki Devi alias Babli, and treating her with Cruelty. 2] He is in Appeal against the sentence3. Learned Sessions Judge too has made Reference for confirmation of the sentence of life imprisonment awarded to the appellant. 4] The Facts, in...
1.M/S Fouji Gun House Vs. State of Jandk; and ors
Court: Jammu and Kashmir
Decided on: Jul-11-2012
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU. OWP No. 496 OF 201.AND OWP No. 497 OF 201.1.M/s Fouji Gun House 2. M/s Singh Gun House 3. M/S Suresh Armoury Petitioners State of J&K & ors Respondent !M/s S.C. Gupta & B.S.Soodan, Advocates ^Mr. Gagan Basotra, AAG MR. JUSTICE J.P. SINGH Date:11. 07.2012 : : OWP No. 496/2011 CMA Nos. 687/2011 & 866/2011. OWP No. 497/2011 CMA Nos. 2030/2011 & 688/2011 And OWP No.540/2011 CMA Nos.559/2012 & 759/2011 Contempt(OWP) No.48/2011 M/Ss Fouji Gun House, Singh Gun House and Suresh Armoury have filed these Writ Petitions seeking quashing of District Magistrate Jammus Communication dated 3-3-2011 whereby their licences for Sale and Keep of arms were recommended for cancellation, besides orders dated 13-04-2011 in 2 terms whereof their business premises were searched and material lying therein including arms and ammunition seized, in exercise of powers under Section 22(1)(b) of the Arms Act, 1959, (hereinafter referred to as the Act)....
iffco Tokio General Insurance Co. Ltd Vs. Sumit Verma and ors
Court: Jammu and Kashmir
Decided on: Jul-11-2012
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU. CIMA No. 323 OF 200.AND CIMA No. 312 OF 200.IFFCO TOKIO General Insurance Co. Ltd Petitioners Sumit Verma & ors Respondent !Mr. Baldev Singh, Advocate ^Mr. Asheesh Singh Kotwal, Advocate MR. JUSTICE J.P. SINGH Date:11. 07.2012 : : Judgment Salvinder Paul Verma, a Medical Practitioner registered with the State Council of Ayurvedic and Unani Medicines was travelling on his Motor Cycle on 09.12.2008 with his Wife Veena Devi, a business woman, when the Motor Cycle was hit by Truck bearing Registration No. HR61/1202 near Chhalan More, Ramkot at 1740 pm. Both of them died on spot because of the injuries sustained in the accident. Their Son Sumit Verma and Daughters Anita Verma and Preetika filed two Claim Petitions claiming co mpensation for the death of their parents who had died because of the rash and negligent driving of Truck No. HR61/1202 by Surinder, its driver. Allowing the Claim Petitions, the Motor Accidents Claims Tribunal, Kathua awar...
1) Rinkoo Sharma Vs. Union of India and ors
Court: Jammu and Kashmir
Decided on: Jul-10-2012
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU. WP PIL No. 02 OF 201.AND WP PIL No. 03 OF 20121) Rinkoo Sharma2) Vilakshan Singh & Anr Petitioners Union of India & Ors Respondent !Mr. Dewakar Sharma & Vilakshan Singh Advocates ^Mr. D. C. Raina, Sr. Advocate with Mr. Vishal Bharti, Advocate. Mr. K. K. Pangotra, ASGI. Mr. Z. A. Shah, Sr. Advocate with Mr. Vipin Gandotra, Advocate Honble Mr. Justice Mohammad Yaqoob Mir-Judge Date:10. 07.2012 : : Per Yaqoob Mir, J 1.The petitioner in WPPIL No. 02/2012 is an advocate, likewise in WPPIL No. 03/2012 petitioners also an advocates and claim to have contributed to various social and environmental causes. In both the petitions, petitioners have projected particular grievances against the de-notification of protected Wildlife Sanctuary named Trikuta Wildlife Sanctuary claiming therein that the authorities have not adhered to various Supreme Court guidelines. In addition, have claimed that the proposed mining is a potential threat to environm...
Anshu Sharma Vs. State of Jandk; and ors
Court: Jammu and Kashmir
Decided on: Jul-10-2012
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU. SWP No. 1653 OF 201.Anshu Sharma Petitioners State of J&K & ors Respondent !Mr. F. A. Natnoo, Advocate ^Ms. Z. S. Wattali, Dy. A. G. Mr. S. K. Shukla, Advocate MR. JUSTICE J.P. SINGH Date:10. 07.2012 : : The petitioner-Anshu Sharma questions the engagement of Ms. Jyoti Kumari alias Jyoti Devirespondent No. 9 as Anganwari Worker for Anganwari Centre at Jatwal Morh, inter alia, on the grounds that the Social Welfare Department of the State Government had not followed the criteria indicated in the Advertisement Notice while selecting respondent No. 9, who, even otherwise, ineligible to compete for selection being a resident of village Sangwali falling in Ward No. 3 Jatwal, when eligible candidate had to be the resident of Ward No.4. The respondents justify the selection and engagement of respondent No. 9 urging that the 2 criteria laid down in Government Order No. 128-SW of 2008 dated 24.3.2008 had been followed in view of the issuance of ...
Oriental Insurance Co. Ltd Vs. Sudesh Sharma and ors
Court: Jammu and Kashmir
Decided on: Jul-10-2012
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU. CIMA No. 319 OF 201.AND CIMA No. 325 OF 201.Oriental Insurance Co. Ltd Petitioners Sudesh Sharma and ors Respondent !Mr. Baldev Singh, Advocate ^Mr. Raghu Mehta, Advocate MR. JUSTICE J.P. SINGH Date:10. 07.2012 : : CIMA No.319/2010: The appellant-Oriental Insurance Company limited has filed this Appeal questioning the Award dated 23.01.2010 of the Motor Accidents Claims Tribunal, Jammu whereby an amount of Rs.10,53,000/- (Rupees ten lac fifty three thousand only) was awarded as compensation to the Claimants for the death of Ashwani Kumar, an employee of the State Government in the Education Department, who died as a result of the injuries sustained in the Motor Accident on 06.04.2005. The Appellants learned counsel submitted that the insured vehicle having been driven in violation of the terms 2 and conditions of the Insurance Policy, the Company was erroneously held liable by the Tribunal to satisfy the Award and recover the amount covered the...
National Insurance Co. Ltd Vs. Bimla Devi and ors
Court: Jammu and Kashmir
Decided on: Jul-10-2012
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU. CIMA No. 44 OF 2008and Cross Appeal(C) No. 1 of 2008 National Insurance Co. Ltd Petitioners Bimla Devi and ors Respondent !Mr. D.S.Chauhan, Advocate ^Mr. Vikas Mangotra, Advocate MR. JUSTICE J.P. SINGH Date:10. 07.2012 : : Judgment Romesh lal, a permanent employee of the Union of India and working as Regular Industrial Mazdoor with 259 Co ASC, died as a result of the injuries sustained in the motor vehicular accident when while riding his bicycle, he was hit by Truck not JK02R-6595 driven rashly and negligently by Satish Kumar, its driver, on 17.01.2004 near CSD Depot Road Bari Brahmana Industrial Estate, Jammu. His wife, two minor daughters, one minor son and widower father filed a Claim Petition with Motor Accidents Claims Tribunal, Jammu seeking compensation of Rs.40,30,000/- along with interest @ 18% per annum from the date of the accident, for the death of Romesh Lal. The Claim was contested only by the appellant- Company, the insurer of t...
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