Jammu and Kashmir Court November 2014 Judgments
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Shravani Sareen Vs. University of Jammu and Ors
Court: Jammu and Kashmir
Decided on: Nov-29-2014
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU OWP No. 210 OF2014Shravani Sareen Petitioners University of Jammu and ors Respondent !Mr. F.A.Natnoo, Advocate ^Mr. W.S.Nargal, Advocate. Honble Mr. Justice Tashi Rabstan, Judge Date:29. 11.2014 :JUDGMENT :1. The case projected by the petitioner is that the petitioner came to be selected to undergo MBBS Course in Session 2009-10 at Acharya Shri Chander College of Medical Sciences (ASCOM), Sidhra, Jammu being a candidate belonging to the Hindu Minority Community. The petitioner after having been admitted to the aforementioned course has passed her 1st year Professional Course. She 2 appeared in Session 2011-12 in 2nd Professional MBBS Course and had attempted all the papers with full satisfaction. However, on declaration of the result of the 2nd Professional Course by the University-respondent, petitioner was shown in the category of re-appear in Micro-Biology and Forensic Medicines. The detailed awards in the two papers mentioned hereinabove are...
Sanjeev Pargal Vs. Madhu Param Hans and Anr.
Court: Jammu and Kashmir
Decided on: Nov-24-2014
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU LPAOW No. 77 OF2014Sanjeev Pargal Petitioners Madhu Param Hans & anr. Respondent !Mr. V.R.Wazir, Sr. Advocate with Mr. Inderjeet Gupta, Advocate ^ Honble Mr. Justice M. M. Kumar, Chief Justice Honble Mr. Justice Tashi Rabstan, Judge Date:24. 11.2014 :JUDGMENT : M.M.Kumar, CJ1 Judgment and order dated 04.09.2014 rendered by a learned Single Judge dismissing a petition filed under Section 104 of the Constitution of Jammu and Kashmir has been made subject matter of challenge in the instant appeal by invoking Clause XII of the Letter patent.2. At the outset we asked Mr. V.R.Wazir, learned senior counsel as to how against an order passed on a petition filed under Article 227 of the Constitution of India read with Section 104 of the Constitution of Jammu & Kashmir would be maintainable. In response to our query, Mr. Wazir has placed reliance on a Division Bench judgment rendered in the case of 2 Sudershana Gupta and anr. v. Girdhari Lal, (2013) 3 JKJ5...
Owais Mehmood Vs. State and Ors.
Court: Jammu and Kashmir
Decided on: Nov-22-2014
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU OWP No. 1523 OF2012Owais Mehmood Petitioners State and ors. Respondent !Mr. S.Kour, Sr. Adv. with Mr. Rajiv Gorka, Advocate ^Mrs. Seema Shekhar, AAG for R-1 Mr. Anil Sethi, Adv. for R-2 to 4. Mr. P.N.Raina, Sr. Adv. with Mr. J.A.Hamal, Advocate for R-5 Honble Mr. Bansi Lal Bhat, Judge Date:22. 11.2014 :JUDGMENT :1. Whether to be reported in : Yes/No Press/Journal/Media 2. Whether to be reported in : Yes/No Digest/Journal Following reliefs are claimed by the petitioner in the instant writ petition:- (i) to issue directions to the respondents to allow the petitioner to undergo the M.B.B.S course in NCCB Medical College, Jabalpur, Madhya Pradesh or Darbhanga Medical College, Lehariassrai, Bihar as the petitioner is duly selected at Sr. No.2 in Central Pool M.B.B.S under category-III in the Colleges outside the J&K State for the year 2012-13 in pursuance of Notification No.55-BOPEE of 2012 dated 7th September 2012, by issuance of writ mandamus; (ii)...
Sansar Chand Vs. Som Dutt.
Court: Jammu and Kashmir
Decided on: Nov-20-2014
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU LPAOW No. 45 OF2014Sansar Chand Petitioners Som Dutt. Respondent !Mr. O.P.Thakur, Advocate ^Mr. Vijay Gupta, Advocate Honble Mr. Justice M. M. Kumar, Chief Justice Honble Mr. Justice Tashi Rabstan, Judge Date:20. 11.2014 :JUDGMENT : M.M.Kumar, CJ1 This letters patent appeal under Clause 12 of the Letters patent is directed against the order dated 04.07.2014 rendered by a learned Single Judge of this Court upholding the order dated 11.05.2013 passed by learned 1st Additional District Judge, Jammu. The aforesaid order was challenged by invoking the provisions of Articles 226 and 227 of the Constitution of India read with Sections 103 and 104 of the Constitution of Jammu and Kashmir. It is further appropriate to notice that the learned Additional District Judge was hearing an appeal against interim order dated 31.12.2010 passed by Munsiff, Akhnoor in a suit for declaration-cum-permanent prohibitory injunction. In accordance with the interim order t...
Union of India and Ors Vs. Dharam Chand Sharma.
Court: Jammu and Kashmir
Decided on: Nov-18-2014
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU SWP No. 2655 OF2013Union of India and ors Petitioners Dharam Chand Sharma. Respondent !Mr. Ramesh Arora, Advocate ^Mr. Anil Mahajan, Advocate Honble Mr. Justice M. M. Kumar, Chief Justice Honble Mr. Justice Tashi Rabstan, Judge Date:18. 11.2014 :JUDGMENT : M.M.Kumar, CJ1 The Union of India and its officers have challenged the judgment and order passed by the Central Administrative Tribunal Chandigarh (Circuit Bench at Jammu) in O.A. No.941- JK-2009 dated 16.09.2010 and the later clarification issued on 20.04.2012 in M.A. No.34 of 2012. It has remained undisputed that a number of persons working as Instrument Repairers filed OA No.410-JK-1989 (Dhian Singh and others v. Union of India and others) challenging order dated 22.12.1988 issued by the Army Headquarters, Engineer-in-Chiefs Branch, New Delhi on the ground that the Instrument Repairers were illegally excluded from amongst the categories, which were made 2 eligible for promotion to HS Grade ...
Chamel Singh and Ors Vs. State and Ors.
Court: Jammu and Kashmir
Decided on: Nov-15-2014
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU OWP No. 1459 OF2010Chamel Singh and ors Petitioners State and ors. Respondent !Mr. C.M.Gupta, Adv ^Mr. V.R.Wazir, Sr. Advocate with Mr. Amit Chopra, Advocate Honble Mr. Bansi Lal Bhat, Judge Date:15. 11.2014 :JUDGMENT : This writ petition under Article 226 of the Constitution of India read with Section 103 of Constitution of Jammu and Kashmir has been filed by the petitioners for quashing the order of respondent No.3 dated 29.04.2009 and of respondent No.4 dated 07.03.2010 passed on mutation No. 2413 with regard to land bearing Khasra No. 807 min/ 224 measuring 28 kanals 09 marlas situated at Kundrorian, Tehsil Reasi on the ground that the petitioners and respondents Nos. 5 & 6 are co-owners/co-sharers of a big chunk of land situated at Kundrorian, Village Puranadroor, Katra. It is averred in the petition that vide mutation No. 824, one Lachhan was declared as prospective owner with regard to land bearing khasra Nos. 807/224 measuring 37 kanals ...
Neena Mahendru Vs. M/S Pal Infrastructure Solutions
Court: Jammu and Kashmir
Decided on: Nov-11-2014
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU561A No. 72 OF2014Neena Mahendru Petitioners M/s Pal Infrastructure Solutions Respondent !Mr. A.P.Singh, Advocate ^Mr. Pranav Kohli, Advocate Honble Mr. Justice Janak Raj Kotwal, Judge Date:11. 11.2014 :JUDGMENT :1. This is a petition under section 561-A Cr.P.C. seeking quashing of proceedings against the petitioner in a complaint for offence under section 138 of the Negotiable Instruments Act (for the Act) filed by herein respondent and the summoning order dated 3.10.2013, whereby learned trial Magistrate has issued process against the petitioner.2. Facts, which are relevant, briefly, are that in the complaint, respondent (complainant) has arraigned M/S R. N. Buildtech Pvt. Ltd. as accused No.1 and petitioner, Neena Mahendru, as accused No.2. Accused No.1 is said to be a company and has been arraigned through one Suraj Mahendru as its Managing Director. 2 Petitioner (accused No.2) has been arraigned in her capacity as a Director of the company. ...
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