Jammu and Kashmir Court April 2013 Judgments
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State of Jandk.; Vs. Ashfaq Ahmed Sofi and anr
Court: Jammu and Kashmir
Decided on: Apr-26-2013
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU. Cr Acq Appeal No. 21 OF 201.State of J&K. Petitioners Ashfaq Ahmed Sofi & anr Respondent !Mr. B. R. Chandan, GA ^Mr. M. A. Bhat, Advocate Honble Mr. Justice Mohammad Yaqoob Mir,Judge Honble Mr. Justice Bansi Lal Bhat, Judge Date:26. 04.2013 :JUDGMENT : Per Bansi Lal Bhat- Per Bansi Lal Bhat---J This Appeal is directed against Judgment dated 28.08.2012 passed by learned Sessions Judge, Rajouri in case File No. 29/Challan titled State v. Ashfaq Ahmed Sofi & anr. in terms whereof respondents Ashfaq Ahmed Sofi and Iftar Ahmed Bhat (hereinafter referred as accused) have been acquitted of Offences under Sections 8/21 of arcotic Drugs and Psychotropic Substances Act, 1985. The impugned Judgment has been assailed on the ground that the learned Trial Court has failed to appreciate the evidence brought on record by prosecution properly and it is contended that the prosecution evidence on record warrants conviction of accused on the aforesaid ...
1. Anil Singh Vs. 1. State of Jandk.;
Court: Jammu and Kashmir
Decided on: Apr-26-2013
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU. Cr Appeal No. 10 OF 199.AND CrMA No. 218 OF 199.AND CrMA NO. 24 OF 199.1. Anil Singh 2. State of J&K. Petitioners 1. State of J&K. 2.Anil Singh Respondent !Mr. Sunil Sethi, Sr. Advocate with Mr. Waheed Choudhary, Advocate ^Mr. Gagan Basotra, Sr. AAG Mr. L. K. Sharma, Advocate Honble Mr. Justice Virender Singh, Judge Honble Mr. Justice Bansi Lal Bhat, Judge Date:26. 04.2013 :JUDGMENT : Cr. Appeal No. 10/1994 & CrMA Nos. 218/1995 & 24/1999 C/w Confirm No. 35/1994 Per Bansi Lal Bhat- Per Bansi Lal Bhat---J 1.This appeal has been preferred against judgment dated 23.07.1994 formulated by learned Sessions Judge Jammu in File No. 62/Sessions titled State v Anil Singh by virtue whereof appellant Anil Singh (hereinafter referred to as accused) was convicted of offence u/s 302 R.P.C. and sentenced to life imprisonment plus fine of Rs. 1000/- (Rupees One Thousand) with three months simple imprisonment proposed in default of 2 payment of fi...
Sudesh Kumari Vs. State and ors.
Court: Jammu and Kashmir
Decided on: Apr-23-2013
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU. LPAOW No. 87 OF 201.Sudesh Kumari Petitioners State & ors. Respondent !Mr. V.R. Wazir, Sr. Advocate with Mr. Amit Chopra, Advocate. ^Mrs. Z.S. Watali, Dy. AG for 1-5 Mr. K.L. Pandita, Advocate for 6 Honble Mr. Justice M.M. Kumar, Chief Justice Honble Mr. Justice Dhiraj Singh Thakur, Judge Date:23. 04.2013 :JUDGMENT : Per: M.M. Kumar, CJ 1.The instant appeal under Clause 12 of the Letters Patent is directed against the order dated 22-11-2012 passed by learned Single Judge of this court issuing directions to the official respondents to consider the representation of the writ petitionerrespondent No. 6 and take a decision in the matter within a period of seven days from the date, a copy of this order is served on them.2. The main grievance of the appellant is that the order has been passed without serving any notice to him because another petition namely, OWP No. 272/2012 has been preferred by him and there is 2 interim order passed by this co...
National Insu. Co. Ltd Vs. Talib HussaIn and ors
Court: Jammu and Kashmir
Decided on: Apr-23-2013
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU. CIMA No. 139 OF 200.National Insu. Co. Ltd Petitioners Talib Hussain and ors Respondent !Mr. Suneel Malhotra, Adv ^M/s Anwar Choudhary, Adv. & P. S. Parmar, Adv Honble Mr. Justice Muzaffar Hussain Attar, Judge Date:23. 04.2013 :JUDGMENT : (Oral) Award dated 31st March, 2008 passed by the Commissioner under Workmens Compensation Act, 1923 ( for short Act of 1923) (Assistant Labour Commissioner, Rajouri) (For short Authority), whereunder, authority has directed the Appellant-Insurance Company to pay the amount of Rupees four lacs fifty thousand four hundred and forty (Rs. 4, 50,440/-) to the applicants/claimants, is called in question in this statutory Appeal filed under Section 30 of Act of 1923. It is also provided in the impugned award that in case amount is not paid within sixty days from the date of its announcement i.e. 31st March, 2008, then interest @ 12% shall be realized from the Appellant-Insurance Company. This award is called in ...
State of Jandk; Vs. Deepak Kumar
Court: Jammu and Kashmir
Decided on: Apr-22-2013
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU. Cr Acq Appeal No. 60 OF 201.State of J&K Petitioners Deepak Kumar Respondent !Mr.Gagan Basotra, Sr.AAG ^ Honble Mr. Justice Mohammad Yaqoob Mir, Judge Honble Mr. Justice Bansi Lal Bhat Date:22. 04.2013 :JUDGMENT : Per Bansi Lal Bhat-J 1.This appeal is directed against the judgment formulated by learned 3rd Additional Sessions Judge, Jammu on 30th November, 2012 in case File No.61/TADA titled State Vs. Deepak Kumar by virtue whereof appellant/accused (for short, accused) has been acquitted of offence punishable under Section 302 RPC. State has filed the instant appeal questioning legality and correctness of the impugned judgment on the ground that the learned Trial Court has failed to appreciate the prosecution evidence and ignored the material evidence which was sufficient to record conviction of accused thereon.2. Heard learned Senior Additional Advocate General at the admission stage and perused the record. Since we 2 are of the opinion t...
Shakeela Begum Vs. State of Jandk; and ors.
Court: Jammu and Kashmir
Decided on: Apr-22-2013
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU. LPAOW No. 37 OF 201.Shakeela Begum Petitioners State of J&K and ors. Respondent !Mr. D. S. Chauhan, Advocate. ^ Honble Mr. Justice M.M. Kumar, Chief Justice Honble Mr. Justice Dhiraj Singh Thakur, Judge Date:22. 04.2013 :JUDGMENT : M.M.Kumar, CJ 1.The instant appeal under Section 12 of the Letters Patent is directed against judgment and order dated 15.03.2013 rendered by the learned Single Judge of this Court, the petition filed by the appellant has been allowed by issuing direction that since the land belonging to him has not been subjected to any acquisition. The respondents were restrained from encroaching upon the area measuring 16 marlas covered by Khasra no. 2435 min situated at Mouza Kishtwar. However, the learned Single Judge gave liberty to the respondents to initiate acquisition proceedings if the land was acquired for any public purpose. It has also been clarified that the possession 2 on the disputed land must be taken in accord...
H. S. Raina Vs. State of Jandk; and ors.
Court: Jammu and Kashmir
Decided on: Apr-22-2013
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU. LPASW No. 106 OF 201.H. S. Raina Petitioners State of J&K and ors. Respondent !Mr. D. C. Raina, Sr. Advocate. Mr. Anil Verma, Advocate. ^Mrs. Seema Shekhar, AAG. Mr. K. K. Pangotra, ASGI Honble Mr. Justice M.M. Kumar, Chief Justice Honble Mr. Justice Dhiraj Singh Thakur, Judge Date:22. 04.2013 :JUDGMENT : M. M. Kumar, CJ 1.The instant appeal under Clause 12 of the Letters Patent is directed against judgment and order dated 03.02.2011 rendered by the learned Single Judge, rejecting the claim made by the appellant-petitioner by taking him to have retired as Development Commissioner Power.2. It is appropriate to mention that the appellant-petitioner was working as Chief Engineer, M&RE Wing and was to superannuate on 30.11.2001. On 29.11.2001, vide Cabinet Decision no. 79/14, he was allowed extension in service by one year. The formal order of extension was issued on 03.12.2001 on the retirement of one Shri H. S.Gupta from the post of Devel...
1. Som and ors Vs. 1. State of Jandk.;
Court: Jammu and Kashmir
Decided on: Apr-22-2013
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU. Cr MA No. 130 OF 201.AND Cr Appeal No. 92 OF 201.1. Som and Ors 2. Bhagwan Singh 3. Kulbir Singh and Anr Petitioners 1. State of J&K.2. State and Anr 3. State and Anr Respondent !Mr. P.N.Raina, Sr. Advocate with J.A.Hamal, Adv, in Cr. Appeal No. 92/2012 Mr. Sudarshan Sharma, Advocate in Cr. Appeal No. 95/2012 Mr. Jatinder Choudhary, Advocate, in Cr. Appeal No. 103/2013 ^Ms. Z.S. Wattali, Dy.A.G, for State. Ms. Surinder Kour, Sr. Adv, with Rajiv Gorkha, Advocate, for complainant. Honble Mr. Justice Muzaffar Hussain Attar, Judge Date:22. 04.2013 :JUDGMENT : Cr.M.A. 130/2012 in Cr. Appeal 92/2012 ,c/w Cr.M.A. No. 135/2012 in Cr. Appeal No. 95/2012 Cr. M.A. No. 156/2012 in Cr. Appeal No. 103/2012 (Oral) FIR No. 08/2008 for commission of offences under Sections 307, 451, 147 RPC was registered at Police Station R.S. Pura against the applicants/appellants in Criminal Appeal No. 103/2012 on 20th January, 2008. The applicants/appellants in Criminal...
Jandk; State Road Transport Corpn. Vs. Savitri Devi and ors
Court: Jammu and Kashmir
Decided on: Apr-17-2013
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU. CIMA No. 96 OF 200.J&K State Road Transport Corpn. Petitioners Savitri Devi & ors Respondent !Mr. R. Koul, Adv ^Mr. Suneel Malhotra, Adv Honble Mr. Justice Muzaffar Hussain Attar, Judge Date:17. 04.2013 : : (Oral) On 15th November, 2001, claim petition was filed under section 140/166 Motor Vehicles Act, 1988 ( for short Act of 1988) on the ground that one Sudeer Kumar died because of rash and negligent driving of the driver of the vehicle of the appellant. The facts appearing from the impugned order would show that on 29.12.2001, appellant was summoned to appear and contest the petition. Mr. Ejaz Ahmad, Advocate appeared and sought time for filing objections, Case was adjourned on 02.02.2002, on that date again adjournment was sought to file the objections. While allowing the prayer of the learned counsel for the appellant, case was posted for 22nd March, 2002, on that date again time was sought for filing objections which was extended ...
Brij Lal S/O Kantha Ram. R/O Indralla, Teh. Thathri Vs. State of Jammu ...
Court: Jammu and Kashmir
Decided on: Apr-17-2013
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU. Cr. Appeal No. 02 OF 201.Brij Lal S/o Kantha Ram. R/o Indralla, Teh. Thathri District Doda Petitioners State of Jammu & Kashmir Respondent !Mr. B. S. Soodan, Advocate ^Mr. H. A. Siddiqui, AAG Honble Mr. Justice Virender Singh, Judge Honble Mr. Justice Bansi Lal Bhat, Judge Date:17. 04.2013 : : Case: Cr. Appeal No.02/2012 c/w Confirmation No.07/2012 Per: Virender Singh-J 1.This appeal has been preferred against the judgment dated 27.12.2011 of learned Additional Sessions Judge, Doda, whereby appellant-Brij Lal S/o Kantha Ram R/o Indralla, Tehsil Thathri, District Doda, (hereinafter to be referred to as accused) stands convicted and sentenced for the offences punishable under Sections 302 RPC and 309 RPC; the sentence awarded under Section 302 RPC is life imprisonment and also a fine of Rs.10,000/- and for Section 309 RPC simple imprisonment for six months. Both the sentences, however, have been ordered to run concurrently. 2 The sentence of ...
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