Jammu and Kashmir Court August 2012 Judgments
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Bashir Vs. Khurshed Bibi and ors
Court: Jammu and Kashmir
Decided on: Aug-30-2012
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU. C Rev No. 143 OF 200.Bashir Petitioners Khurshed Bibi and ors Respondent !Mr. M. L. Sharma, Advocate ^Mr. K. B. Gupta, Advocate Mr. Justice Muzaffar Hussain Attar, Judge Date:30. 08.2012 :JUDGMENT : (Oral) 1. A Civil Original Suit for partition of the property with regard to House No. 349 situated at Mohalla Dalpatian, Jammu was instituted by the respondents before the Court of learned District Judge, Jammu against the present petitioner and two others. The suit was transferred for its trial to the learned Additional District Judge, Jammu. On 12.03.2008, learned trial Judge passed a preliminary decree for partition of the suit property. Mr. A. G. Sheikh, Advocate was appointed as Commissioner to cause partition on spot after summoning the parties and following the due procedure of the law. It was also directed that before the preliminary decree is drawn, the plaintiffs shall make good deficiency in the court fee by next 2 date. Suit was ordered...
National Insurance Co. Ltd. Vs. M/S Harjit Rice Mills
Court: Jammu and Kashmir
Decided on: Aug-28-2012
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU. CIMA No. 632 OF 201.National Insurance Co. Ltd. Petitioners M/s Harjit Rice Mills Respondent !Mr. J.A. Kawoosa, Advocate Mr. Kamal Gupta, Advocate ^Mr. Vishnu Gupta, Advocate Honble Mr. Justice M. M. Kumar, Chief Justice Honble Mr. Justice Muzaffar Hussain Attar, Judge Date:28. 08.2012 : : Muzaffar Hussain Attar:1. Paddy bags, which were stacked in the mill premises of the respondent, were destroyed as same were engulfed in fire. The fire incident took place in the year 1992. The Canara Bank which had advanced loan for the purchase of stocks had obtained insurance cover from the appellant company for the benefit of the respondent. The appellant company in terms of insurance contract had undertaken to indemnify the respondent in the event of loss suffered to the extent of Rs. 15.00 lacs. Respondent informed the appellant-insurance company about the loss suffered and also 2 informed the concerned Police Station about the fire incident. On receipt...
inderjeet Sharma Vs. State of Jandk; and ors
Court: Jammu and Kashmir
Decided on: Aug-23-2012
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU. SWP No. 886 OF 201.Inderjeet Sharma Petitioners State of J&K & ors Respondent !Mr. Sudershan Sharma, Advocate ^Mr. Ravinder Sharma, AAG Mr. S.S.Lehar, Sr. Advocate with Mr. Meharban Singh, Advocate Mr. Justice J.P.Singh Date:23. 08.2012 : : JUDGMENT The petitioner-Inderjeet Sharma questions the empanelment of Raj Kumar-respondent No.5 against the post of Rehbar-e-Taleem in Primary School, Krearzal on the ground that being the resident of Pandit Mohalla, which was included in Krearzal Habitation, it was he who was entitled to consideration for engagement as Rehbar-e-Taleem, in that, the empanelment for selection was required to be made in terms of Government Order No.288-Edu of 2009 dated 08.04.2009 read with Addendum dated 09.04.2009. He additionally seeks consideration for selection against available vacancy of Rehbar-e-Taleem in Primary School, Lonepora of village Mulchitter. To support his Claim that Pandit Mohalla was part of Habita...
Pawan Kumar Vs. State of Jandk;
Court: Jammu and Kashmir
Decided on: Aug-22-2012
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU. Cr Rev No. 44 OF 200.AND Cr M A No. 34 OF 200.Pawan Kumar Petitioners State of J&K Respondent !Mr. Babu Ram Sharma, Advocate ^Ms. Z.S.Wattali, Dy.A.G Mr. Justice J.P.Singh Date:22. 08.2012 : : The petitioner, Pawan Kumar alias Billa was convicted, for Wrongful Restraint, And, Using Criminal Force to a lady with intent to outrage her modesty, and sentenced to Rigorous Imprisonment for three months and fine of Rs.1000/- with default sentence of one months rigorous imprisonment under Section 354 RPC, and to one months rigorous imprisonment and fine of Rs.500/- with default sentence of one months rigorous imprisonment under Section 341 RPC by the Judicial Magistrate, Ist Class (City Judge), Jammu. His Appeal against the Sentence failed before the 3rd Additional Sessions Judge, Jammu. Questioning the Sentence awarded by the learned Magistrate and the affirmation thereof by the 3rd Additional Sessions Judge, the petitioner has invoked the Revisio...
Seema Devi and anr Vs. State of Jandk; and ors
Court: Jammu and Kashmir
Decided on: Aug-22-2012
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU. SWP No. 1513 OF 201.Seema Devi and anr Petitioners State of J&K & ors Respondent !Mr. Ajay Abrol, Advocate ^Mr. Ravinder Sharma, AAG Mr. Sudershan Sharma, Advocate Mr. Justice J.P.Singh Date:22. 08.2012 : : JUDGMENT The petitioners are aggrieved by their deletion from the Panel for engagement of Rehbar-e-Taleem in P.S. Dhaki. Questioning their introduction therein, they seek quashing of Naresh Kumar and Raman Kumar- respondent Nos. 5 and 6s empanelment therein. Finding that the empanelment or otherwise of the petitioners and respondent Nos. 5 and 6 rested on determination of actual residence at village Blater Mohra Dhaki of the petitioners which fact was hotly contested by the respondents, and in view of the parties reliance on documents on the basis whereof it was not possible to ascertain true factual position regarding petitioners actual 2 residence, this Court, vide its order dated 28.09.2010, directed the Deputy Commissioner, Samba...
Smt. Sukh Dai and ors. Vs. Mst. Vidya Devi and ors
Court: Jammu and Kashmir
Decided on: Aug-22-2012
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU. C 2nd Appeal No. 01 OF 200.Smt. Sukh Dai & ors. Petitioners Mst. Vidya Devi & ors Respondent !Mr. L. K. Sharma ^Mr. Rakesh Sharma Honble Mr. Justice Mohammad Yaqoob Mir Date:22. 08.2012 : :1) Appellants(defendants) dissatisfied with the appellate judgment and decree have filed the instant Civil 2nd Appeal. It is trite that in view of the mandate contained in Section 100 CPC, Civil 2nd Appeal can be maintained only when substantial question of law emerge for determination, not otherwise. The Honble Apex Court in the judgment captioned Veerayee Ammal Vs. Seeni Ammal ({2002} 1 SCC134) has held: Section 100 of the Code of Civil Procedure (hereinafter referred to as the Code) was amended by amending Act 104 of 1976 making it obligatory upon the High Court to entertain the second appeal only if it was satisfied that the case involved substantial question of law. Such question of law has to be precisely stated in the memorandum of appeal and f...
Mohd. Arif and ors Vs. State of Jandk; and ors
Court: Jammu and Kashmir
Decided on: Aug-14-2012
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU. SWP No. 890 OF 201.Mohd. Arif & Ors Petitioners State of J&K & ors Respondent !Mr. M.I.Sherkhan, Advocate ^Mr. Ravinder Sharma, AAG Mr. Justice J.P.Singh Date:14. 08.2012 :JUDGMENT : The petitioners were engaged as Education Volunteers in Seasonal Camps at different Dhoks to provide educational support to Nomadic children during their migration to upper reaches and temporary stay thereat, on temporary basis, under AIE component of Sarva Shikhsha Abhiyan, a Central Government Scheme to provide education to rural masses. Their temporary engagement on contractual basis had to terminate with the end of the season for which they were engaged. This, however, does not appear to have happened and the State-respondents continued to engage them even after the termination of their initial engagement. They continued working as such from 2005 onwards in Dhoks/Bheks (seasonal schools) in zone Darhal, Gurez, 2 Bandipora, Quilmuqam, Kangan, Harigan...
Abdul Qayoom Shah Vs. State of Jandk; and ors
Court: Jammu and Kashmir
Decided on: Aug-07-2012
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU. SWP No. 1463 OF 201.Abdul Qayoom Shah Petitioners State of J&K and ors Respondent !Mr. Ajay Abrol, Advocate ^Mrs. D. Mahajan, GA for 1 to 4. Mr. S. S. Lehar, Sr. Advocate with Mr. Meharban Singh, Advocate for 5 Mr. Justice J.P.Singh Date:07. 08.2012 : : JUDGMENT Urge for elevation in Service Status has landed Abdul Qayom Shah, the petitioner, in this Court of Extra Ordinary Civil Writ Jurisdiction. He claims promotion against the post of Pasture Development Officer created pursuant to amalgamation of two wings of Agrostology of the Soil Conservation Department and the Forest Department along with the respective staff, into a Unified Wing, placed under the over all control of the Principal Chief Conservator of Forests, Forest Department vide Government Order No. 358-FST of 1997 dated 29.7.1997. He says that feeding cadre to the Post being Range Technician with seven years field experience in Agrostology, the State-respondents order directing...
Gittan Ram and anr Vs. State of Jandk; and ors
Court: Jammu and Kashmir
Decided on: Aug-07-2012
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU. OWP No. 119 OF 200.Gittan Ram and anr Petitioners State of J&K and ors Respondent !Mr. D.K.Bangotra, Advocate ^Mr.G.S.Thakur, Advocate Mr. Justice J.P.Singh Date:07. 08.2012 : : Judgment Settled in village Kachhrial of Tehsil Akhnoor located near the Actual Line of Control in the State of Jammu and Kashmir, the petitioners had to leave their home and hearth in the year 1999 because of disturbances on the Border. They were settled temporarily by the State Government at Ram Nagar Migrant Camp Bomal situated in Tehsil Akhnoor. Ganesh Dass aged 20 years, their son, was sleeping in a tent on February 22, 2001 when the Transformer installed by the Power Development Department of the State Government near the tent caught fire and 11 KV Electric Line carrying high voltage electric energy dropped at the tent hitting severely, sleeping Ganesh, who sustained severe burn injuries to which he succumbed at Sub District Hospital, Akhnoor. 2 Attributing Ga...
Pawan Kumar Vs. State of Jandk; and ors
Court: Jammu and Kashmir
Decided on: Aug-07-2012
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU. SWP No. 2427 OF 201.Pawan Kumar Petitioners State of J&K and ors Respondent !Mr. Tashi Rabstan, Advocate ^Ms. Neeru Goswami, Dy.AG. Mr. S.K.Shukla, Advocate. Mr. Anil Sethi, Advocate Mr. Justice J.P.Singh Date:07. 08.2012 : : Though tentatively indicated in the List of selected candidates against one of the posts of Dental Assistant reserved for Scheduled Caste Category in District Rajouri, the petitioners name did not figure in the Provisional Select List, which indicated Shashi Bhushan-respondent No.3 as the selected candidate. He objected to respondent No.3s inclusion in the Select List urging it to be unwarranted and illegal relying on the stipulation appearing in Advertisement Notice No.03 of 2006 dated 28.12.2006, in terms whereof a candidate who had applied for one and the same post in more than one district including the district of his/her domicile, would be considered for the district in which he/she ordinarily resided 2 and would...
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