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Jammu and Kashmir Court July 2014 Judgments

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Jul 18 2014

Mohd. Naseer Vs. State and ors

Court: Jammu and Kashmir

Decided on: Jul-18-2014

HIGH COURT OF JAMMU AND KASHMIR AT JAMMU Cr Appeal No. 32 OF2009AND Cr M A No. 41 OF2009Mohd. Naseer Petitioners State and ors Respondent !Mr. Sunil Sethi, Sr. Advocate with Mr. Mohsin Bhat and Mr. Ashwani Khajuria, Advocates ^Mr. H. A. Siddiqui, AAG Honble Mr. Justice Mohammad Yaqoob Mir, Judge Honble Mr. Justice Janak Raj Kotwal, Judge Date:18. 07.2014 :JUDGMENT : Per Kotwal-J.1. This appeal is by one Mohd. Naseer, who has been convicted under section 20(b) (ii) (c) of The Narcotic Drugs and Psychotropic Substances Act, 1985 for (short the NDPS Act) by learned 3rd Additional Sessions Judge, Jammu vide judgment dated 12.05.2009 and vide order of the even date has been sentenced to undergo rigorous imprisonment for a period of 12 years and to pay a fine of Rs. 2,00,000/- 2. Heard. We have perused the record.3. The case of the Prosecution as projected before the trial court, briefly, is that on 10.05.2006 the appellant 2 (hereinafter the accused) came to be accosted in the course of rou...


Jul 18 2014

Vinod Kumar Bhat K Vs. State and ors

Court: Jammu and Kashmir

Decided on: Jul-18-2014

HIGH COURT OF JAMMU AND KASHMIR AT JAMMU SWP No. 256 OF2014Vinod Kumar Bhat K Petitioners State and ors Respondent !Mr. B. S. Salathia, Sr. Advocate with Ms. Meenakshi Salathia, Advocate ^Mr. Munish Chopra, GA for No. 1 to 4 Mr. K. M. Bhatti, Advocate for No. 5 Honble Mr. Justice Janak Raj Kotwal, Judge Date:18. 07.2014 :JUDGMENT :1. Petitioner, a Section Officer of the State Motor Garages Department, vide Government No. 16-TR of 2013 dated 12.03.2013 was transferred and posted in the office of the Transport Commissioner J&K, Jammu and by the same order Private respondent, Syed Nazir Ahmad, was transferred from the office of Transport Commissioner and posted in the State Motor Garages. Vide Government Order No. 06-TR of 2014 dated 03.02.2014, the petitioner has been transferred back to his parent department i.e. State Motor Garages Department and likewise the private respondent has been transferred back to his parent department i.e. the Motor Vehicles Department. Feeling aggrieved ...


Jul 10 2014

Makhan Singh Vs. Amar Nath and ors

Court: Jammu and Kashmir

Decided on: Jul-10-2014

HIGH COURT OF JAMMU AND KASHMIR AT JAMMU LPAOW No. 74 OF2004Makhan Singh Petitioners Amar Nath and Ors Respondent !Mr. S. A. Salaria, Sr. Adv with Mr. K. S. Puri, Advocate ^Mr. V. R. Wazir, Sr. Advocate Mr. D. R. Khajuria, Advocate Honble Mr. Justice M. M. Kumar, Chief Justice Honble Mr. Justice Hasnain Massodi, Judge Date:10. 07.2014 :JUDGMENT : Per Massodi J1 LPA on hand is directed against writ court judgment in writ petition titled Amarnath versus State of Jammu and Kashmir and Ors. ( OWP No.149/2001) dated 14th May 2004, whereby writ petition has been allowed, order of Jammu and Kashmir Special Tribunal dated 31stOctober 2000, set aside and order of Commissioner Agrarian Reforms (Appellate Authority) dated 22nd November 1983 restored.2. First an overview look of background facts.3. Shri Amar Nath appellant-herein, Makhan Singh-respondent no.5 and their uncle Ram Saran migrated to this part of the state in wake of partition in 1947. Being migrants from Pakistan Administered Kashmir...


Jul 10 2014

Jammu Development Authority Vs. Ram Singh and Others

Court: Jammu and Kashmir

Decided on: Jul-10-2014

HIGH COURT OF JAMMU AND KASHMIR AT JAMMU LPAOW No. 40 OF2010Jammu Development Authority Petitioners Ram Singh and others Respondent !Mr. Adarsh Sharma, Advocate ^Mr. S. S. Lehar, Senior Advocate with Mr. Meharban Singh, Advocate M/s S. S. Ahmed, Y.E.Tak, Advocates Honble Mr. Justice M. M. Kumar, Chief Justice Honble Mr. Justice Hasnain Massodi, Judge Date:10. 07.2014 :JUDGMENT : Per Massodi J.1. Jammu Development Authority appellant herein, in 1997-98, decided to develop a housing colony at Channi Colony under name of Trikuata Nagar Housing Colony Jammu. To give practical shape to decision taken, a large area of land was acquired for development and thereafter allotment to the aspirants for residential plots in the proposed colony. Respondents land measuring 15 Kanals and 14 Marlas comprising Survey No.3 Min and 06 Kanals and 02 Marlas comprising Survey No.4 Min at Channi Rama Tehsil Jammu, was also acquired in connection with development of housing colony. Respondents are refugees fr...


Jul 10 2014

Union of India and Another Vs. Gurdass Singh

Court: Jammu and Kashmir

Decided on: Jul-10-2014

HIGH COURT OF JAMMU AND KASHMIR AT JAMMU LPASW No. 361 OF2001Union of India & another Petitioners Gurdass Singh Respondent !Mr. Rameshwar Singh Jamwal, CGSC ^Mr. Rahul Bharti, Advocate Honble Mr. Justice M. M. Kumar, Chief Justice Honble Mr. Justice Hasnain Massodi, Judge Date:10. 07.2014 :JUDGMENT : Per Massodi J1 Letters Patent Appeal on hand is directed against writ court judgment dated 16th October 2000, in writ petition titled Ex- Subedar Gurdass Singh versus Union of India and Others (SWP No. 204/1999), whereby writ court has allowed writ petition, held writ petitioner/ respondent entitled to disability pension and interest on the arrears of disability pension to be worked out, at the rate of 12% per annum till its payment. The appeal arises in the following background.2. The writ petitioner/respondent was enrolled in Indian Army on 21st February 1969 and by dint of his hard work and dedication rose to the position of Subedar in the Army. On 15th December 1996, he while poste...


Jul 10 2014

Union of India and anr Vs. Bharat Singh

Court: Jammu and Kashmir

Decided on: Jul-10-2014

HIGH COURT OF JAMMU AND KASHMIR AT JAMMU LPASW No. 282 OF2002AND LPROS No. 388 OF2002Union of India & anr Petitioners Bharat Singh Respondent !Mrs. Neeru Goswami, Dy. AG ^Mr. M.L Gupta, Advocate Honble Mr. Justice M. M. Kumar, Chief Justice Honble Mr. Justice Hasnain Massodi, Judge Date:10. 07.2014 :JUDGMENT : Per Massodi J:1. Shri Bharat Singh-respondent herein and appellant in cross appeal No. 388/2002, an employee of National Seeds Corporation Limited (a Government of India undertaking) was held guilty by Chief Judicial Magistrate, Jammu, vide judgement dated 17/02/1977, of offence punishable under Section 409, RPC and sentenced to six months imprisonment and a fine of Rs 1000/-. He was found to have while discharging his official duties during 1969-1971, embezzled an amount of Rs 9417.75 received by him on account of sale proceeds and fraudulently reported to have been deposited with National Seed Corporation Limited, Regional Office Chandigarh.2. On the allegation of criminal ...


Jul 10 2014

Ghulam Mohd. Bhat and anr Vs. State of Jandk;

Court: Jammu and Kashmir

Decided on: Jul-10-2014

HIGH COURT OF JAMMU AND KASHMIR AT JAMMU Criminal Appeal No. 39 OF2013Ghulam Mohd. Bhat & anr Petitioners State of J&K Respondent !Mr. P.N.Goja, Advocate with Mr. Akshay Koul, Advocate. ^Mr. Munish Chopra, GA Honble Mr. Justice Mohammad Yaqoob Mir, Judge Honble Mr. Justice Janak Raj Kotwal, Judge Date:10. 07.2014 :JUDGMENT : Per Yaqoob, J.1. Appellants have been convicted for having committed offence punishable under Section 8/20 of NDPS Act, sentenced to 20 years rigorous imprisonment and fine of Rs. 2.00 lacs each by the trial court vide its judgment dated 16.03.2013, which is impugned in this appeal.2. Case of the prosecution, as is unfolded on perusal of the records is that, on 23.04.2009 during routine traffic checking one Tata Sumo vehicle bearing registration no. JKO1L-3508, on its way from Srinagar to Jammu, was stopped; its middle seat was occupied by accused Ghulam Mohd. Bhat and Feroz Ahmad, who had kept a bag(Toda) beneath their seat. They prevaricated checking of t...


Jul 03 2014

Pitamber Singh Langeh Vs. Ravinder and anr

Court: Jammu and Kashmir

Decided on: Jul-03-2014

HIGH COURT OF JAMMU AND KASHMIR AT JAMMU OWP No. 34 OF2014Pitamber Singh Langeh Petitioners Ravinder and anr Respondent !Mr.R.P.Sangra, Advocate ^None Honble Mr. Justice Janak Raj Kotwal, Judge Date:03. 07.2014 :JUDGMENT :1. Petitioner invokes writ jurisdiction of this Court under Article 226 of the Constitution of India read with section 103 of the Constitution of Jammu and Kashmir to issue a writ, order or direction for quashing a complaint under section 138 of Negotiable Instrument Act filed against him by respondent before the learned Sub-Divisional Judicial Magistrate (SDJM), Meham in District, Rohtak.2. Given that the complaint has been filed and is pending in a Court in the State of Haryana, the question of jurisdiction is taken up first.3. Heard Mr. R. P. Sangra, learned counsel for the petitioner.4. Mr. Sangra, would say that the petitioner has invoked writ jurisdiction of this Court and that writ jurisdiction of a High Court can be invoked if cause of action in the whole or p...


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