Jammu and Kashmir Court February 2013 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
State of Jandk; Vs. Rahat HussaIn and ors
Court: Jammu and Kashmir
Decided on: Feb-27-2013
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU. LPASW NO. 92 OF 201.State of J&K Petitioners Rahat Hussain and ors Respondent !Mrs. Deepika Mahajan, GA ^Mr. Sudershan Sharma, Advocate Honble Mr. Justice M. M. Kumar, Chief Justice Honble Mr. Justice J.P. Singh, Judge Date:27. 02.2013 :JUDGMENT : Per M. M. Kumar, CJ 1.This is an application seeking condonation of 290 days delay in filing the appeal preferred under Clause 12 of the Letters Patent.2. Notice of the application was issued and Mr. Sudershan Sharma, Advocate has entered appearance.3. After hearing learned counsel for the parties, we are satisfied that the delay is not intentional or to gain any benefit. According to the averments made in the application, the delay has occurred on account of administrative and procedural wrangles, therefore, we find that there is a sufficient cause to condone the delay4. As a sequel to the above discussion, the application is allowed and the delay of 290 days in filing the appeal is condoned. LPA...
Rekha Parihar Vs. Manjeet Singh
Court: Jammu and Kashmir
Decided on: Feb-27-2013
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU. LPAC NO. 1 OF 201.Rekha Parihar Petitioners Manjeet Singh Respondent !Mr. V. R. Wazir, Sr. Advocate with Mr. Abhishek Wazir, Advocate ^ Honble Mr. Justice M. M. Kumar, Chief Justice Honble Mr. Justice J.P. Singh, Judge Date:27. 02.2013 :JUDGMENT : Per M. M. Kumar, CJ 1.The instant appeal under Clause 12 of the Letters Patent is directed against judgment and order dated 21.12.2012 passed by this Court declining the application filed under Section 24 of the Code of Civil Procedure for transfer of the case from the Court of Principal District Judge, Ramban to a competent Court of jurisdiction at Jammu.2. At the outset, we asked the learned counsel that how intra Court appeal in respect of the order refusing to transfer the case from one District to another District would be maintainable under the Letter Patent. There is no satisfactory answer to our query. Even otherwise, we feel that no intra Court appeal is available against an order dismissing ...
National Insurance Co. Ltd Vs. Dina Nath Ganjoo
Court: Jammu and Kashmir
Decided on: Feb-20-2013
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU. CIMA No. 655 OF 201.National Insurance Co. Ltd Petitioners Dina Nath Ganjoo Respondent !Mr. C. S. Gupta, Advocate ^Mr. K. L. Bhat, Advocate Honble Mr. Justice M. M. Kumar, Chief Justice Honble Mr. Justice Hasnain Massodi, Judge Date:20. 02.2013 : : M. M. Kumar, CJ 1.This appeal has been preferred by the National Insurance Company Limited by invoking Section 17 of the Jammu and Kashmir Consumer Protection Act, 1987 and is directed against order dated 06.09.2010 passed by the J&K State Consumer Disputes Redressal Commission, Jammu ( for brevity the Commission). The Commission has allowed the claim filed by the consumer-respondent.2. The consumer-respondent was forced to flee away from his home and hearth. He migrated to Jammu and as a migrant he got his residential house along with attic and household articles lying therein insured with the appellant-company under 2 the standard fire and perils policy. The same continued in operation from the...
inder Kumar Verma and anr Vs. Union of India and ors
Court: Jammu and Kashmir
Decided on: Feb-19-2013
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU. AA NO. 07 OF 200.Inder Kumar Verma & anr Petitioners Union of India and ors Respondent !Mr. Vipin Gandotra, Advocate ^Mr. Hari Hartar Singh, Advocate Honble Mr. Justice M. M. Kumar, Chief Justice Date:19. 02.2013 : : M. M. Kumar, CJ 1.The instant petition under Section 11 of the Jammu and Kashmir Arbitration and Conciliation Act, 1997 prays for appointment of Arbitrator by this Court for adjudicating the dispute which has arisen between the parties.2. Facts in brief would be necessary to appreciate the controversy. The petitioner had earlier filed AA no. 38/2005 which was allowed by this Court on 04.04.2008 (annexure A). This Court rejected the objections, that the matter was not referable to the arbitration as they fall within the purview of excepted matters under Clause 64 of the general conditions of the contract and proceeded to hold that the General Manager Northern Railways was competent to appoint arbitrator. Accordingly, direction w...
K. V. S and ors Vs. G. C. Rajgotra and anr
Court: Jammu and Kashmir
Decided on: Feb-19-2013
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU. SWP NO. 17 OF 201.K. V. S and Ors Petitioners G. C. Rajgotra and anr Respondent !Mrs. Neeru Goswami, Advocate ^ Honble Mr. Justice M. M. Kumar, Chief Justice Honble Mr. Justice Hasnain Massodi, Judge Date:19. 02.2013 : : M. M. Kumar, CJ 1.A short issued raised in the instant writ petition filed under Article 226 of the Constitution of India read with Section 103 of the Constitution of Jammu and Kashmir, is whether the revisional jurisdiction could be exercised by an authority without regard to any time limit. The issue has emerged from the impugned order passed by the Central Administrative Tribunal, Chandigarh, (Circuit Bench) at Jammu, in OA no. 942- JK of 2010 decided on 27.08.2012.2. The original applicant was found guilty of some charges in a regular departmental enquiry. The Inquiry Officer had submitted his report on 21.04.2006 which was supplied to the original applicant-respondent on 02.05.2006 to enable him to make a representation. A...
JalaluddIn Vs. Nhpc Ltd
Court: Jammu and Kashmir
Decided on: Feb-19-2013
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU. AA NO. 6 OF 200.Jalaluddin Petitioners NHPC Ltd Respondent !Mr. Vishal Sharma, Advocate ^Mr. R. K. Gupta, Sr. Advocate with Mr. Prem Nath Sadotra, Advocate Honble Mr. Justice M. M. Kumar, Chief Justice Date:19. 02.2013 : :1. The instant petition filed under Section 11 (5) of the J&K Arbitration and Conciliation Act, 1997 (for brevity the Act) prays for appointment of an independent Arbitrator in respect of dispute emerging from the contract concerning allotment of work vide letter dated 05.05.2004. The petitioner was allotted work of shifting of 2 Nos. prefabricated structure size 19.52 m x 4.88 m with 1.52 m wide verandah from Patimahala to Dumhai vide allotment letter no. NH/BHEP/DB/04/152 dated 05.05.2004 at negotiated rates of Rs.6.00 lacs. The case of the 2 petitioner further is that within a period of 15 days commencing from 15.05.2004, he shifted the material as was stipulated in the allotment order in perfect conditions to the satis...
Vijay Kumar Khajuria Vs. State of Jandk; and ors.
Court: Jammu and Kashmir
Decided on: Feb-18-2013
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU. LPASW NO. 78 OF 201.Vijay Kumar Khajuria Petitioners State of J&K and ors. Respondent !Mr. Nirmal Kotwal, Advocate ^Mr. P. R. Drora, Advocate vice Mr. R. Koul, Advocate Honble Mr. Justice M. M. Kumar, Chief Justice Honble Mr. Justice Hasnain Massodi, Judge Date:18. 02.2013 : :1. The instant appeal under Clause 12 of the Letters Patent is directed against the judgment and order dated 15.05.2010 rendered by a learned Single Judge of this Court, dismissing the writ petition on the ground of un-explained delay and laches.2. The prayer made in the writ petition was that the appellant-writ petitioner be given promotion with effect from the date persons junior to him like, Mohd Yaseen- respondent no.4 and Devinder Bhan-respondent no.5 were promoted on the post of Junior Assistant. The learned Single Judge found that Devinder Bhan-respondent no. 5 was promoted with effect from 28.12.1983 on the post of Junior Assistant. In order to earn 2 promotion...
Oriental Insurance Co. Ltd Vs. M/S Malik Construction Co. Ltd
Court: Jammu and Kashmir
Decided on: Feb-14-2013
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU. CIMA NO. 179 OF 201.Oriental Insurance Co. Ltd Petitioners M/S Malik Construction Co. Ltd Respondent !Mr. Baldev Singh, Advocate ^Mr. O. P. Thakur, Advocate Honble Mr. Justice M. M. Kumar, Chief Justice Honble Mr. Justice Hasnain Massodi, Judge Date:14. 02.2013 : : M. M. Kumar, CJ 1.This appeal by the Oriental Insurance Company Limited preferred under Section 17 of the Jammu and Kashmir Consumer Protection Act, 1987 is directed against award dated 27.11.2009 passed by the J&K State Consumer Disputes Redressal Commission, Jammu ( for brevity the Commission). The Commission has awarded a sum of Rs.3,13,585/- along with interest at the rate of 8% per annum to the respondentconsumer from the date of receipt of the Surveyors report.2. Facts are not in dispute. A Paver Finisher belonging to the respondent-consumer was insured with the appellant- Insurance Company which met with an accident and a report in that regard was lodged with Police Statio...
M/S Vaishno Energy Food Jammu Vs. Regional Director and anr
Court: Jammu and Kashmir
Decided on: Feb-14-2013
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU. LPAC No. 16 OF 201.M/S Vaishno Energy Food Jammu Petitioners Regional Director and anr Respondent !Mr. M. A. Bhat, Advocate ^Mr. Harshvardhan Guapta, Advocate Honble Mr. Justice M. M. Kumar, Chief Justice Honble Mr. Justice Hasnain Massodi, Judge Date:14. 02.2013 : : M. M. Kumar,CJ 1.The instant appeal under Clause 12 of the Letters Patent is directed against the judgment and order dated 15.05.2010 rendered by the learned Single Judge of this Court upholding the order dated 08.01.2004 passed by the Industrial Tribunal/ Labour Court, Jammu and Kashmir, Jammu, which was challenged in an appeal under Section 82 of the State Employees Insurance Act 1948 (for brevity the Act of 1948).2. The learned Single Judge considered the issue as to whether the appellant could be regarded as factory within the meaning of sub-section 12 of Section 2 of the Act of 1948. The learned Single Judge discussed the view taken 2 by the Tribunal and also the factum that t...
State of Jandk; and ors Vs. Zubida Begum
Court: Jammu and Kashmir
Decided on: Feb-14-2013
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU. LPAOW NO. 59 OF 201.State of J&K & Ors Petitioners Zubida Begum Respondent !Mr. G. S. Thakur, GA ^Mr. Baldev Singh, Advocate vice Mr. C. S. Gupta, Advocate Honble Mr. Justice M. M. Kumar, Chief Justice Honble Mr. Justice Hasnain Massodi, Judge Date:14. 02.2013 : : M.M. Kumar, CJ 1.This is an ill advised appeal under Clause 12 of the Letters Patent challenging judgment and order dated 08.10.2009 rendered by the learned Single Judge while accepting the claim made by the writ petitioner-respondent-Zubaida Begum. She had lost her son on account of electrocution when she alongwith her son-Riyaz Ahmed were digging the land on 18.10.2001. He came in touch with a live high tension wire and suffered serious injuries which proved fatal. He died on 21.10.2001.2. The accident of electrocution has not been disputed. Even negligence is proved on presentation of challan against negligent employees after investigation of case FIR no. 80/2001 registered...
- ‹ Prev
- 2
- 3
- Next ›
- Last »