Jammu and Kashmir Court June 2014 Judgments
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Gian Singh and ors Vs. State of Jandk;
Court: Jammu and Kashmir
Decided on: Jun-13-2014
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU Cr Appeal No. 74 OF2012AND CrMA No. 54 OF2013AND CrMA106OF2012Gian Singh & ors Petitioners State of J&K Respondent !Mr. O. P. Thakur, Advocate ^Mr. B. R. Chandan, Dy.AG Mr. Justice Virender Singh, Judge Mr. Justice Bansi Lal Bhat, Judge Date:13. 06.2014 :JUDGMENT : PeBansi Lal Bhat J1 This appeal is directed against judgment dated 28.09.2012 convicting the appellants under Sections 302, 348 read with 34 of RPC and the order of sentence dated 29.09.2012 formulated by learned Sessions Judge Ramban in terms whereof appellants have been sentenced to imprisonment for life and fine of Rs.10,000/- ( Rupees Ten Thousand) for offence under Section 302/34 of RPC and rigorous imprisonment for a period of three years and a fine of Rs.1000/- (Rupees One Thousand) for commission of 2 offence under Section 348 of RPC. Substantive sentences have been directed to run concurrently. In default of payment of fine, the accused have been directed to undergo i...
All Lpg Dealers Cum Transporters Association and ors Vs. Union of Indi ...
Court: Jammu and Kashmir
Decided on: Jun-13-2014
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU OWP No. 1490 OF2013All LPG Dealers cum Transporters Association and ors Petitioners Union of India and ors Respondent !Mr.Sunil Sethi, Sr. Advocate with Mr.Ravi Abrol, Advocate ^Mr. R.Kaul, Advocate Mr. Justice Bansi Lal Bhat, Judge Date:13. 06.2014 :JUDGMENT : In this writ petition filed by all LPG dealers cum transporters association of Jammu province and others against Ministry of Petroleum and Gas and the Indian Oil Corporation following relief(s) are claimed: (a) An appropriate writ, order or direction in the nature of writ of certiorari quashing:- (i) Requirement of trucks (Trala) having the capacity of 450 cylinders as envisages in clause 3 of the tender document No.PSO/LPG/PT/P/Jammu/2013/20 for 2 Transportation of packed LPG Ex-LPG Bottling Plant Jammu; (ii) Clause 18 of tender document No.PSO/LPG/PT/P/JAMMU/2013/20 for Transportation of packed LPG Ex-LPG Bottling Plant, Jammu. (iii) Sub-clause 5.2 of clause 19.2 tender document No.PSO/...
1 Navneet Mahajan Vs. 1 Municipal Corporation and ors
Court: Jammu and Kashmir
Decided on: Jun-13-2014
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU OWP No. 338 OF2013and OWP No. 627 OF20131 Navneet Mahajan 2 Building Operation Controlling Petitioners 1 Municipal Corporation & Ors 2 Navneet Mahajan & Ors Authority Respondent !Mr. Pranav Kohli Advocate in OWP No.338/2013 Ms Hancy Maini, Adv Mr. S.S.Nanda, Advocate OWP No. 627/2013 : Mr. Sachin Gupta, Advocate ^Mr. S.S.Nanda, Advocate Mr. Sachin Gupta, Adv. Mr. Adarsh Sharma, Adv Honble Mr. Justice Bansi Lal Bhat,,Judge Date:13. 06.2014 :JUDGMENT : Above titled writ petitions have been clubbed together for hearing. OWP No.338/2013 is the writ petition filed by Navneet Mahajan ( hereinafter referred to as petitioner) challenging action of Municipal Corporation, Jammu in issuing impugned order dated 28.02.2013 by virtue whereof the building of petitioner was ordered to be sealed on the ground that petitioner had opened a tutorial/coaching center thereby violating land use from residential to commercial and that he had violated the status...
Mohammad Iqbal Wani Vs. State of Jandk and Others
Court: Jammu and Kashmir
Decided on: Jun-11-2014
M.M.Kumar, CJ 1. Caveat is discharged. 2. This appeal is directed against order dated 25.03.2014 passed by the learned Single Judge of this Court allowing an application filed under Order 1 Rule 10 of the Code of Civil Procedure ( IA no. 682/2014), permitting applicant-Manzoor Ahmad Shiekh to join as party respondent. The short order passed by the learned Single Judge reads as under:- Heard and considered. It is not denied that herein applicant, Manzoor Ahmad Shiekh, is the complainant in the complaint leading to impugned enquiry report. The report has been challenged on the ground among others of mala fide and extraneous consideration on the part of applicant. It being so applicant is necessary party to the lis. Application allowed. Applicant impleaded as party respondent No.11. Registry to effect corresponding change in the cause title of the writ petition. Disposed of. List main matter in the week commencing 28th of April, 2014. Meanwhile, reply. Interim direction to continue. 3. Mr...
Hameeda Akhter and Others Vs. State and Others
Court: Jammu and Kashmir
Decided on: Jun-11-2014
Muzaffar Hussain Attar, J. 01. One SGCT Abdul Hamid, No. 630/S, now dead, whose legal heirs have been brought on record, was ordered to be reduced to the rank to which he was first appointed, i.e. Constable, vide order No. 1708 of 2002 dated 22-11-2002. This order was challenged by him (Abdul Hamid) in SWP 1518/2002, which has been dismissed by the learned writ Court vide its order and judgement dated 02-08-2012. 02. It is this order and judgement, which is called in question in this Letters Patent Appeal (LPA). 03. SGCT Abdul Hamid was charge sheeted by SSP, Srinagar, on the charge that on 26-05-2002, while he was working as driver in Flying Squad No. 9, he misused the wireless set installed in his vehicle by putting into circulation host of abuses. The said charge was denied by SGCT Abdul Hamid, which resulted in initiation of regular enquiry against him. After conclusion of the departmental enquiry, as already stated, he was reduced to the rank of Constable. 04. Mr. M.A.Qayoom, lear...
Mahoora Banu Vs. Mohammad Shafi Channa and Others
Court: Jammu and Kashmir
Decided on: Jun-11-2014
1. This appeal has been preferred by the appellant-claimant against the judgment and order dated 14.11.2011 passed by the Motor Accidents Claims Tribunal, Srinagar, (hereafter, the Tribunal) awarding a total compensation of Rs.2,75,000 in favour of the petitioner, disallowing her claim on account of medical checkup and treatment outside the State as well as the permanent disability, opined by the Doctor to be to the extent of 60%, caused to the appellant on account of the accident and not awarding any compensation for loss of earnings. 2. On 17.11.2007, the appellant was traveling by a Bus bearing registration no.JKE/3788. Somewhere on the National Highway within the jurisdiction of Police Station Pattan, the Bus, being driven by its driver rashly and negligently, collided with a standing Maruti Car and turned on his left side. The appellant received multiple fatal injuries on various parts of her body, including left arm. 3. The petitioner filed a claim petition claiming a total sum o...
Jammu and Kashmir Service Selection Board Vs. Mohammad Naseer and Othe ...
Court: Jammu and Kashmir
Decided on: Jun-11-2014
Muzaffar Hussain Attar, J. 01. The Appellant issued Advertisement Notification No. 01 of 2008 dated 22-04-2008, whereunder applications were invited for filling up of the posts, details whereof were mentioned in annexures I to XX appended to the said Notification. The posts notified were District Cadre posts and the last date for filing of the application forms was fixed as 15-05-2008. 02. The respondents “ writ petitioners, sought consideration for being selected/appointed on the posts of teachers as ST category candidates. Before the last cut off date for filing of application forms, viz. 15-05-2008, the result of the respondents “ writ petitioners, in respect of their Post Graduation degrees was declared by the respondent “ University vide Result Notification dated 17-04-2008. The marks cards, however, were issued to the respondents “ writ petitioners on 26-06-2008 and 05-08-2008 respectively. 03. The respondents “ writ petitioners were subjected to sel...
State of Jandk and Others Vs. Mohammad Iqbal Mallah
Court: Jammu and Kashmir
Decided on: Jun-05-2014
1. The instant appeal under Clause 12 of the Letters Patent is directed against judgment and order dated 05.04.2012 rendered by the learned Single Judge of this Court, holding that the petitioner- respondent could not be disengaged from discharging the duties as Special Police Officer (SPO) and the order of disengagement dated 01.07.2011 was liable to be set aside. It is appropriate to mention that the petitioner- respondent was engaged to discharge the duties as SPO for an honorarium of Rs. 3000/- per month vide Order dated 18.10.2008. On account of absence from duty he was disengaged. The learned Writ Court held in a short order that the order of disengagement suffers from violation of principles of natural justice and therefore it was quashed. The impugned judgment and order dated 05.04.2012 runs into few paras which is set out below in extenso:- Writ petitioner was engaged as SPO vide Order No. ESTT/SPO/08-22093-22101 dated 18.10.2008 and disengaged vide Order No. Estt/SPO-S/11189-...
State of Jandk and Others Vs. Mohammad Hassan
Court: Jammu and Kashmir
Decided on: Jun-04-2014
M.M.Kumar, CJ 1. The State of Jammu and Kashmir and Deputy Inspector General of Police have filed the instant appeal under Clause 12 of the Letters Patent challenging the judgment and order dated 14.02.2007 rendered by the learned Single Judge of this Court, accepting the prayer made by the petitioner- respondent that he was entitled to promotion as Selection Grade Constable in the Executive Cadre. The order no. 9 of 1994 dated 06.01.1994, withdrawing his promotion as Selection Grade Constable has been quashed by the Writ Court restoring his promotion. The view of the learned Writ Court is discernible from the following para of the judgment which reads thus:- The grievance of the petitioner in nutshell is that in terms of order No. 65 of 1991 dated 31.1.1991 he came to be absorbed in the Photo cadre as constable. His lien had to come to an end on the date when he actually joined in the Photography cadre. Petitioner in terms of the said order came to be relieved by SP Kargil on 17.03.1...
imtiyaza Akhter Vs. University of Kashmir and Others
Court: Jammu and Kashmir
Decided on: Jun-03-2014
M.M. Kumar, CJ. 1. The instant appeal under Clause 12 of the Letters Patent is directed against judgment and order dated 13.12.2013 rendered by the learned Single Judge of this Court, holding that the appellant was not eligible for admission in M.A. Persian because she lacked the eligibility qualification of BA. 2. The basic issue raised in these proceedings is, whether the appellant possessed a valid B.A. qualification because the stand of the respondent- University has been that she has failed to qualify Environmental Science at B.A. 2nd year level which is mandatory. It is appropriate to mention that the appellant did not qualify six months module course of studies introduced by the University Grants Commission ( for brevity the UGC) and the resolution of the standing Committee of the respondent-University dated 30.05.2012, therefore, the BA certificate produced by the appellant has been regarded as incomplete. 3. It is appropriate to mention that the UGC has introduced œSix M...
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