Jammu and Kashmir Court August 2014 Judgments
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Charanjit Singh and ors. Vs. State of Jandk;
Court: Jammu and Kashmir
Decided on: Aug-29-2014
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU Cr. Appeal No. 10 OF1993AND Confirm No. 17 OF1993Charanjit Singh & ors. Petitioners State of J&K Respondent !Mr. Anil Khajuria, Amicus curiae ^Mr. D. S. Jamwal, Advocate Honble Mr. Justice Virender Singh -Judge Honble Mr. Justice Bansi Lal Bhat-Judge Date:29. 08.2014 :JUDGMENT : Per Bansi Lal Bhat J.1. This appeal by appellants-convicts (hereinafter referred to as accused) is directed against judgment of conviction and order of sentence respectively dated 26.04.1993 and 29.04.1993 formulated by learned Sessions Judge Jammu in File No. 91/Sessions titled State vs. Charanjit Singh & ors. by virtue whereof accused- Charanjit Singh has been convicted of offence under Sections 302 of RPC and 4/27 of Arms Act and sentenced to imprisonment for life and fine of Rs.1000/-(Rupees One Thousand) for offence under Section 302 of RPC, in default of payment of fine to further suffer six months simple imprisonment; also sentenced to one years rigoro...
Er B. R. Manhas Vs. State of Jandk; and ors
Court: Jammu and Kashmir
Decided on: Aug-23-2014
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU WPPIL No. 07 OF2013Er B. R. Manhas Petitioners State of J&K and ors Respondent !Mr. B. R. Manhas present in person ^Mr. Gagan Basotra, Sr. AAG for Nos. 1 to 3 Mr. S. K. Anand, Advocate for No. 4 Honble Mr. Justice Virender Singh, Judge Honble Mr. Justice Janak Raj Kotwal, Judge Date:23. 08.2014 :JUDGMENT : Per Kotwal-J:1. Petitioner, Babu Ram Manhas, who is an advocate by profession, has filed this Writ Petition in Public Interest (PIL) under Article 226 of the Constitution of India read with section 103 of the Constitution of Jammu and Kashmir to assail the repeal of the Jammu and Kashmir Right to Information Rules, 2010 (for short the Rules of 2010) by the State Government by framing the Jammu and Kashmir Right to Information Rules, 2012 (for short the Rules of 2012).2. Background facts are these, briefly:2. 2.1 Legislature of the State of Jammu and Kashmir enacted the Jammu and Kashmir Right to Information Act, 2009 (for short the Act) wi...
M/S Chaman Lal and anr.. Vs. Indian Oil Corporation Ltd. and ors
Court: Jammu and Kashmir
Decided on: Aug-06-2014
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU OWP No. 1181 OF2012M/S Chaman Lal and anr.. Petitioners Indian Oil Corporation Ltd. and ors Respondent !Mr. Pranav Kohli, Advocate ^Mr. R.Koul, Advocate Honble Mr. Justice Bansi Lal Bhat-Judge Date:06. 08.2014 :JUDGMENT : In this petition, filed under Article 226 of Constitution of India read with Section 103 of the Constitution of Jammu and Kashmir, petitioners seek the following reliefs. (i) Writ of Certiorari seeking quashment of the allotments of contracts as Road Transport of Bulk Petroleum Products in violation of Reservation Clause of the NIT bearing No. PSO/OPS/POL PT/MS2 HSD/Bulk/2012-01 dated 10th April, 20112 (ii) Mandamus commanding upon the respondents to adhere to the reservation clause and allocate 15% in the allotment to the reserved categories in both 12KL and 18/20KL Tank Trucks. (iii) Mandamus commanding upon the respondents to include and carry forward the quota of the reserved categories of the previous year of 2008 in the y...
Sanjay Kumar Vs. State and ors
Court: Jammu and Kashmir
Decided on: Aug-06-2014
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU561A No. 103 OF2010AND CrMA No. 108 OF2010Sanjay Kumar Petitioners State and ors Respondent !Mr.B.S.Manhas, Advocate ^Mr.D.S.Saini, Advocate Honble Mr. Justice Bansi Lal Bhat, Judge Date:06. 08.2014 :JUDGMENT :1. Petitioner is aggrieved of order dated 31.03.2010 passed by learned Chief Judicial Magistrate, Jammu in complaint case titled Sanjay Kumar Vs. Meenakshi Dogra in terms whereof learned Chief Judicial Magistrate accepted the report of SSP, Jammu dated 30.03.2010 and directed the petitioner to approach the competent Officer of Police having jurisdiction. The relevant facts germane to the disposal of instant petition under Section 561-A Cr.P.C may briefly be noticed.2. The case set up by petitioner is that his first wife- Meena Kumari, who was a Government employee died in harness on 30.10.2007 leaving behind her minor 2 son Bhuvneshwar Singh besides petitioner husband as her legal heirs. Subsequently, on 12th May, 2009 petitioner contract...
Gulab Chand and anr. Vs. State of Jandk; and ors
Court: Jammu and Kashmir
Decided on: Aug-06-2014
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU OWP No. 374 OF2012Gulab Chand and anr. Petitioners State of J&K and ors Respondent !Mr.F.S.Butt, Advocate ^Mr. H.A.Siddiqui, AAG Mr.M.A.Goni, Sr. Advocate with Mr. Ajay Singh Kotwal, Advocate Honble Mr. Justice Bansi Lal Bhat-Judge Date:06. 08.2014 :JUDGMENT :1. The writ petition on hand, filed in representative capacity by petitioners Gulab Chand and Baldev Singh Rana, former being the Sarpanch of Panchayat Halqa Trigam C and the later being the Sarpanch of Panchayat Halqa Janwas- Tehsil and District Kishtwar seeks the following relief:- Mandamus; so as to command and direct the respondents not to divert the water of Galigad Nallah for proposed WSS Wani and Phagwar or any other scheme which will deprive the inhabitants of panchayat Galigad and Janwas from drinking water facility as well as the agricultural source on which major population of the area survives and which is lone source of earning livelihood, as from the said Nallah already m...
Dr. Ashutosh Gupta and Others. Vs. State and Others
Court: Jammu and Kashmir
Decided on: Aug-06-2014
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU SWP No. 326 OF2013Dr. Ashutosh Gupta and Others. Petitioners State and others Respondent !Mrs. Aruna Thakur, Advocate ^Mrs. Neeru Goswmi, Dy AG Honble Mr. Justice Bansi Lal Bhat-Judge Date:06. 08.2014 :JUDGMENT :1. Petitioners are senior faculty members in different disciplines in Government Medical College, (GMC) Jammu. Through the medium of instant petition they seek quashment of Government Order No. 43/HME of 2013 dated 17.01.2013 by virtue whereof private practice of Heads of the departments (HODs) in GMC, Associated Hospitals and Dental Colleges of the State has been banned.2. Petitioner-1 is Professor in the department of Radiation Oncology. Being the senior most faculty member in the aforesaid department, he has been given the charge of HOD. Petitioner-2 is the senior most Professor in department of Cardio Thoracic Surgery and has been given the charge of HOD. Petitioner-3 is Professor in the department of Surgery. Petitioner -4 is the se...
Ravinder Kour and anr. Vs. Uoi and ors
Court: Jammu and Kashmir
Decided on: Aug-06-2014
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU OWP No. 80 OF2007Ravinder Kour and anr. Petitioners UOI and ors Respondent !Mr.V.R.Wazir, Sr. Advocate with Mr. Manish, Advocate ^Mr.P.S.Chandel, CGSC Honble Mr. Justice Bansi Lal Bhat-Judge Date:06. 08.2014 :JUDGMENT :1. Petitioners happen to be the parents of one Balbir Singh who was serving as constable NO.911325971 in CRPF and died in harness in an IED blast triggered by militants on national highway at Ramsoo Tehsil Banihal when, on 11.11.2002, he alongwith other constables was travelling in a bus forming part of a convoy from Srinagar to Jammu. The tragic blast consumed lives of three CRPF Jawans including Balbir Singh while some others sustained injuries. Case for offence under Section 302/307 RPC and 7/27 Arms Act came to be registered in this regard. Body of deceased was brought to his home village for cremation and the same was consigned to flames at Shastri Nagar Crematorium with 2 full Military Honours. The deceased was the eldest so...
M/S.Shankar Timber Products Vs. State and ors
Court: Jammu and Kashmir
Decided on: Aug-06-2014
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU OWP No. 784 OF1996M/s.Shankar Timber Products Petitioners State and ors Respondent !Mr. Surinder Singh, Advocate ^Mr.Salim Malik, GA Honble Mr. Justice Bansi Lal Bhat-Judge Date:06. 08.2014 :JUDGMENT :1. Through the medium of this writ petition, petitioner seeks the following reliefs:- i) A writ of Mandamus commanding the respondents to allow the petitioner firm to cut, convert and transport the remaining Eucalyptus and popular trees so allotted to the firm. The respondents be further directed to release the timber/wood unauthorizedly seized by them worth lacs of rupees, part of which have been reported to be mis-appropriated and the remaining have been useless for the use in the manufacture of plywood. ii) Respondents be directed to pay Rs.7.0 lacs as damages suffered by the petitioner firm from the illegalities, atrocities and wrongs committed by the erring respondents.2. Petitioners case is that vide order No.51 of 1995 dated 21st February, 1...
State of Jandk; Vs. Sanjay Kumar
Court: Jammu and Kashmir
Decided on: Aug-04-2014
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU Cr Acq. Appeal No. 47 OF2003State of J&K Petitioners Sanjay Kumar Respondent ! Ms. Meenakshi Bhatyal, Govt. Advocate ^Mr. Jasbir Singh Jasrotia, Advocate alongwith respondent Honble Mr. Justice Mohammad Yaqoob Mir, Judge Honble Mr. Justice Janak Raj Kotwal, Judge Date:04. 08.2014 :JUDGMENT :1. State is in appeal against judgment dated 27.08.2003 rendered by learned Sessions Judge, Udhampur, whereby respondent Sanjay Kumar (herein after the accused) has been acquitted after his trial for offence under section 376 RPC for having committed forcible sexual intercourse with his step sister, a child aged 7, on 9th Maghar, 2058 (25.11.2001).2. Heard. We have perused the record.3. Bantoo Devi (PW-1), who lodged the FIR, is the mother of the victim (PW-2). Mahinder Nath (PW-5) is the 2 paternal uncle of the victim and the accused and at the relevant time was a member of the Panchayat of the village. According to the prosecution on 9th Maghar, 2058 (2...
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