Jammu and Kashmir Court September 2012 Judgments
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Anil Kohli. Vs. State of Jandk; and ors
Court: Jammu and Kashmir
Decided on: Sep-26-2012
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU. OWP No. 427 OF 201.Anil Kohli. Petitioners State of J&K and ors Respondent !Mr. Ajay Abrol, Advocate ^Mr. H. A. Siddiqui, DAG Mr. G. S. Thakur, GA Honble Mr. Justice Muzaffar Hussain Attar, Judge Date:26. 09.2012 : : (Oral) 1. With the consent of learned counsel for the parties, this petition is taken up for final disposal.2. Order dated 8th March, 2012 issued by the District Magistrate, Kishtwar is called in question in this petition, wherein purportedly, under Section 47 of the J&K Excise Act, petitioner was asked to close the liquor sale shop by 31st of March, 2012 on the ground that there is apprehension of breach of public peace. Petitioner was also informed that further extension will not be granted for closing down the shop and on failure, the shop shall be sealed.3. Learned counsel for the parties submitted that Section 47 of the J&K Excise Act Samvat 1958 (for short the Act of 1958) would require for closing of the shop at ...
Masoom BhattacharyA. Vs. State of Jandk; and ors
Court: Jammu and Kashmir
Decided on: Sep-26-2012
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU. OWP No. 1242 OF 201.Masoom Bhattacharya. Petitioners State of J&K and ors Respondent !Mr. Sudershan Sharma, Advocate ^Mr. W. S. Nargal, Advocate Ms. Arti Anand, Advocate Honble Mr. Justice Muzaffar Hussain Attar, Judge Date:26. 09.2012 : : (Oral) 1. Petitioner, undisputedly, has obtained her graduation degree in September, 2007 through Study Centre run by the Punjab Technical University. Petitioner responded to the notification dated 14.06.2011 issued by the University of Jammu and was admitted to undergo B. Ed. course for the year 2011-12 and was allotted to M.I.E.R. College of Education, B. C. Road Jammu. After completion of said course, petitioner submitted an application for taking her examination. Examination fee was also deposited. Petitioner in terms of communication dated 1st August, 2012 was informed by the Assistant Registrar (CDC), University of Jammu that her admission for undergoing the B. 2 Ed. Course for the session 2011-12 s...
Joginder Kour Vs. Union of India and ors
Court: Jammu and Kashmir
Decided on: Sep-25-2012
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU. LPASW No. 162 OF 200.Joginder Kour Petitioners Union of India and ors Respondent !Mr MK Bhardwaj, Sr. Adv., with Mr Ajay Abrol, Adv ^Mr Tashi Rabastan, CGSC Honble Mr Justice Virender Singh, Judge Honble Mr Justice Muzaffar Hussain Attar,Judge Date:25. 09.2012 : : Muzaffar Hussain Attar Amongst others, in beauty, and hazard of human life, lies its unpredictability.Sometimes, the human life projects and poses most complex problems for their solution. In the scheme of nature, it is the human life, which occupies the central position. Through the evolutionary process, besides other things which are available in this universe, the human life has to be shaped up so as to enable it to illuminate its surroundings. With the progress of time, civil societies have come into existence which are governed by rule of law. The laws whether fundamental, primary or subordinate legislations, are all brought into existence for the welfare of the human being. The ...
Dr. Sanjeev Gupta and ors Vs. State and ors
Court: Jammu and Kashmir
Decided on: Sep-24-2012
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU. SWP No. 1759 OF 201.DR. SANJEEV GUPTA & ORS Petitioners STATE & ORS Respondent !Mr. P. N. Raina, Sr. Advocate withMr. J.A. Hamal, Advocate. For the Applicant(s) : Mr. D. S. Thakur, Sr. Advocate with Mrs. Aruna Thakur, Advocate. Mr. Abhinav Sharma, Advocate ^Mrs. Neeru Goswami, Dy. A. G MR. JUSTICE J.P.SINGH - JUDGE Date:24. 09.2012 : : JUDGMENT 1 Six members of the Jammu and Kashmir Medical Education (Gazetted) Service, one serving as Assistant Professor for the last one year, i.e. Dr. Sanjeev Gupta- Petitioner No.1, and others as Lecturers since 2011, barring petitioner No. 2- Dr. Abdul Gani, who has been serving as Lecturer since 2009, in the Department of Orthopedics, Government Medical College, Jammu, governed by the Jammu and Kashmir Medical Education (Gazetted) Service Recruitment Rules, 1979, have approached this Court by their joint Writ Petition seeking, quashing of Government Medical College, Jammus Advertisement Notice No. JM...
Custodian General Vs. Jandk; Special Tribunal and ors Evacuee Property ...
Court: Jammu and Kashmir
Decided on: Sep-21-2012
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU. OWP No. 725 OF 200.Custodian General Petitioners J&K Special Tribunal and ors Evacuee Property,Jammu Respondent !Mr Farooq Ahmed Natnoo, Adv ^Mr Jagjit Rai, Adv. for Res.1 to 3. Mr Surinder Singh, Adv. For Res.4. Honble Mr Justice Muzaffar Hussain Attar,Judge Date:21. 09.2012 : : (Oral) A petition captioned Kartar Singh v. Dina Nath and ors, seeking restoration of possession of evacuee land, was filed before the Custodian, Jammu. Dina Nath and Nirmal Devi, the respondents in the said petition, filed an application seeking transfer of the case from the files of Custodian, Jammu, to any other competent court for its disposal on merits, before the Jammu and Kashmir Special Tribunal, Jammu (for short called the Tribunal). The Tribunal vide its order dt. Ist of June07, allowed the said transfer application and directed the transfer of the case from Custodian, Jammu, to the Custodian General, Jammu, for its disposal under law. It was also provide...
Sansar Chand and ors. Vs. Chief Secretary, Rev. Deptt and ors
Court: Jammu and Kashmir
Decided on: Sep-21-2012
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU. OWP No. 826 OF 200.Sansar Chand & ors. Petitioners Chief Secretary, Rev. Deptt & ors Respondent !Mr. Ankush Manhas, Advocate ^Mr. H. A. Siddiqui, AAG. Mr. Ajay Sharma, CGSC Honble Mr. Justice Muzaffar Hussain Attar, Judge Date:21. 09.2012 : : (Oral) Petitioners land measuring 57 (Fifty seven) Kanals 04 (Four) marlas was acquired by the respondents. The final award was published on November 24, 2005 by the Collector Land Acquisition, Bhadarwah. The claim of the petitioners is that despite publication of the award and taking possession of land, compensation was not paid to them. It is submitted that in the year 2011 during the pendency of the Writ Petition, the compensation as determined by the Collector was deposited with the Collector concerned and paid. The grievance of the petitioners is that despite determination of compensation of the acquired land, and taking over possession compensation was not paid. It is (2) submitted that petit...
Faqir Chand and ors. Vs. Suraj Parkash and ors.
Court: Jammu and Kashmir
Decided on: Sep-19-2012
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU. CIMA No. 400 OF 201.Faqir Chand & ors. Petitioners Suraj Parkash & ors. Respondent !M/s. L. K. Sharma & Ajay Gandotra, Advs. ^Mr. R. K. Gupta, Sr. Adv with Mr. Prem Sadotra, Adv. Honble Mr. Justice Muzaffar Hussain Attar, Judge Date:19. 09.2012 : :1. On the claim application of the appellants, the authority under Workmens Compensation Act, 1923 (for short the Act of 1923), Assistant Labour Commissioner, Jammu (for short ALC) passed an award dated 23.04.2010 holding respondent no. 1 responsible for payment of an amount of Rs. 4,15,960/- (Rs. Four lac fifteen thousands nine hundred sixty only), as compensation, to the dependants of the deceased, Vijay Kumar, Driver. It was further directed that respondent no. 1 will also pay simple interest @ 12 % as provided under Subsection 3(a) of Section 4-A of the Act of 1923 from 24th May, 2010 viz. one month after the passing of the award, till the amount of 2 compensation is paid. The insuranc...
M/S Vishal Bar and Restaurant Vs. State of Jandk; and ors.
Court: Jammu and Kashmir
Decided on: Sep-14-2012
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU. LPAOW No. 54 OF 201.M/s Vishal Bar and Restaurant Petitioners State of J&K and ors. Respondent ! Mr. S. K. Shukla, Advocate ^Mr.G. S. Thakur, Advocate Honble Mr. Justice, M. M. Kumar, Chief Justice Honble Mr. Justice Muzaffar Hussain Attar, Judge Date:14. 09.2012 : : Muzaffar Hussain Attar 1. License No. 91/JKEL-4 was issued on 17th September, 2005 in favour of the appellant, whereunder he was authorized to sell Foreign Liquor and Indian Made Foreign Liquor at a Bar located in a Restaurant, and the premises for conducting the business in aforementioned license was indicated as New Plot, Jammu. About 25 ladies of different age groups filed writ petition bearing OWP No. 448/2006 before the writ court, in which, besides others, Excise Commissioner, J&K Government, Srinagar was impleaded as respondent no. 2 and present appellant was impleaded as respondent no.5. The reason for filing of aforementioned writ petition was that the authorizati...
Gulshan Kumar Gupta and ors. Vs. State of Jandk; and ors.
Court: Jammu and Kashmir
Decided on: Sep-14-2012
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU. LPAOW No. 170 OF 200.Gulshan Kumar Gupta and ors. Petitioners State of J&K and ors. Respondent ! Mr. S. A. Naik, Sr. Advocate with Mr. D. S. Chauhan, Advocate ^ Mr. H. A. Siddiqui, AAG, Mr. D. C. Raina, Sr. Advocate with Mr. Rohit Kohli, Advocate Mr. Adarsh Sharma, Advocate Honble Mr. Justice, M. M. Kumar, Chief Justice Honble Mr. Justice Muzaffar Hussain Attar, Judge Date:14. 09.2012 : : Muzaffar Hussain Attar 1. The Trikuta hills of Katra in Reasi District in the State of Jammu and Kashmir are the abode of Shri Mata Vaishno Devi Ji. It is one of the most revered places of worship in India. Millions of people, who follow Hinduism, with the earnest and avowed purpose of having blessings and Darshan of Shri Mata Vaishno Devi Ji (in Hinduism also known as Mata Rani and Vaishnavi, manifestation of Mother Goddess), after undertaking long journeys, reach Katra and then to the Shrine of Shri Mata Vaishno Devi. Approximately, eight million pilgrim...
Afaq Mirza Vs. State of Jandk; and ors
Court: Jammu and Kashmir
Decided on: Sep-14-2012
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU. SWP No. 3085 OF 201.Afaq Mirza Petitioners State of J&K & ors Respondent !Mr. Abhinav Sharma, Advocate ^Mr. S.K.Shukla, Advocate Mr. JUSTICE J.P. SINGH Date:14. 09.2012 : : The petitioners, who had applied for Selection against the posts of Foresters and Forest Protection Force Inspectors, advertised vide Jammu and Kashmir Services Selection Board, Jammus Notice No. 08 of 2010 dated 24.12.2010, seek quashing of the Selection Criteria fixed by the Board, besides directions to the Board for holding Selection following the Criteria adopted by it in earlier Selections for similar posts. Their case, in a nut-shell, is that the Criteria 2 fixed by the Board without the approval of the General Administration Department of the State Government, was in violation of the Jammu and Kashmir (Subordinate) Services Recruitment Rules, 1992, besides being arbitrary and irrational for ignoring the Superior Merit of the candidates possessing higher and Sp...
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