Jammu and Kashmir Court September 2014 Judgments
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Shagun Mahajan Vs. Omer Bashir Itoo and ors.
Court: Jammu and Kashmir
Decided on: Sep-26-2014
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU LPAOW No. 54 OF2014AND LPAOW No. 55 of 2014 AND LPAOW NO. 56 OF2014Shagun Mahajan Petitioners Omer Bashir Itoo and ors. Respondent ! Mr. P.N.Raina, Sr. Advocate with M/S Sindu Sharma & J.A.Hamal, Advocates in LPAOW No.54/2014 Mr. Sunil Sethi, Sr. Advocate with Ms. Veenu Gupta, Adv. In LPAOW Nos.55/2014 and 56/2014 ^Mr. S.K.Shukla, Advocate for R-1 in LPAOW Nos.54/2014, 55/2014 & 56/2014, Mr. P.N.Raina, Sr. Advocate with M/s Sindu Sharma & J.A.Hamal, Advocates for R-3 in LPAOW No.55/2014, Mr. Pranav Kohli, Advocate for R-3 in LPAOW No.56/2014. Honble Mr. Justice M. M. Kumar, Chief Justice Honble Mr. Justice Bansi Lal Bhat, Judge Date:26. 09.2014 :JUDGMENT : LPAOW No.54/2014 & CMA No.74/2014 Caveat No.1688/2014 c/w LPAOW No.55/2014 CMA Nos.56/2014 Caveat No.1689/2014 APLPA No.56/2014 LPAOW No.56/2014 & CMA No.76/2014 1. The principal issue raised in three sets of appeals revolves around the seats allocated to NRI category for a...
Nokia India Pvt. Ltd Vs. Emm Arr Computers
Court: Jammu and Kashmir
Decided on: Sep-26-2014
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU AA No. 14 OF2012Nokia India Pvt. Ltd Petitioners EMM ARR Computers Respondent !Mr. Parag Sharma, Adv ^ Honble Mr. Justice M. M. Kumar, Chief Justice Date:26. 09.2014 :JUDGMENT : This is an application with a prayer to appoint the third Arbitrator in addition to the two arbitrators appointed by the parties in terms of the Arbitration Clause 18.2 incorporated in the agreement dated 14.11.2008 (Annexure-B). The aforesaid Clause 18.2 is set out below in extenso:- 18.2 Any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration in accordance with the Indian Arbitration and Conciliation Act, 1996 and the Rules thereunder for the time being in force, which rules are deemed to be incorporated by reference to this clause. The arbitral panel shall consist of one arbitrator to be appointed by each party and an umpire nomina...
Union of India and anr. Vs. M/S Ravinder Kapoor
Court: Jammu and Kashmir
Decided on: Sep-26-2014
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU AA No. 28 OF2014Union of India and anr. Petitioners M/S Ravinder Kapoor Respondent !Mr. Sachin Gupta, CGSC. Mr. R.P.Jamwal, CGSC. ^ Honble Mr. Justice M. M. Kumar, Chief Justice Date:26. 09.2014 :JUDGMENT :1. This order shall dispose of two* petitions filed under Section 34 of the Jammu and Kashmir Arbitration and Conciliation Act, 1997 challenging different arbitration awards.2. The issue whether such a petition would be maintainable before the High Court or before the District Judge was referred for authoritative settlement to a Division Bench in A.A. No. 03/2011 titled Ghulam Mohammad Dar v. State and others. The Division Bench while delivering the judgment on 10.07.2014 has opined that such a petition would also be competent before the District Judge being a Principal Court of original jurisdiction over such matters as also the High Court because of definition of expression Court given in Section 2(e) of the Jammu and Kashmir Arbitration and...
Dr. Reyaz Ahmad Vs. State of Jandk; and ors
Court: Jammu and Kashmir
Decided on: Sep-26-2014
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU LPAOW No. 99 OF2014Dr. Reyaz Ahmad Petitioners State of J&K & ors Respondent ! Mr. K.S.Johal, Sr. Advocate with Mr. Sumeet Bhatia, Advocate ^Mr. Gagan Basotra, Sr.AAG Honble Mr. Justice M. M. Kumar, Chief Justice Honble Mr. Justice Bansi Lal Bhat, Judge Date:26. 09.2014 :JUDGMENT :1. This is an appeal filed by one Dr. Reyaz Ahmad challenging the judgment and order passed by the learned Single Judge. The appellant has been holding the post of Assistant Surgeon in the department of health on substantive basis. He was deputed vide order dated 20. 10.2012 to look after the duties of Deputy Medical Superintendent Super Specialty Hospital, Jammu in his own pay scale. He was also given extension on 22.05.2013 as incharge Deputy Medical Superintendent till further orders or till the post is filled up through PSC/DPC whichever was earlier. It is also pertinent to noticed that the appellant was allowed to continue as General Manager, J&K Healt...
Omer Bashir Itoo Vs. State and ors
Court: Jammu and Kashmir
Decided on: Sep-16-2014
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU OWP No. 572 OF2014AND OWP No. 575 OF2014Omer Bashir Itoo Petitioners State and ors Respondent !Mr. S. K. Shukla, Adv ^Mr. Sunil Sethi, Sr. Adv. with Ms. Veenu Gupta, Adv.Mr. M. A. Goni, Sr.Adv. with Mr. Ajay Singh Kotwal, Adv. Mr. Pranav Kohli, Adv. Mr. P. N. Raina, Sr. Adv. With Mr. J.A. Hamal, Adv. Ms. Sindhu Sharma, Adv Honble Mr. Justice Janak Raj Kotwal, Judge Date:16. 09.2014 :JUDGMENT :1. Respondent No. 2, Acharya Shri Chandra College of Medical Science and Hospital, (for short the College) is a Minority unaided Professional Education Institution in the State of Jammu and Kashmir. It imparts Medical Education at Graduate and Post Graduate level. The College is competent to grant admission under Non Resident Indians Quota (for short the NRI quota) up to 2 15 per cent of its total sanctioned intake both at Graduate and Post Graduate level.2. The College vide its No. Assoc/CET/M&D/205 dated 11.02.2014 issued Admission Notice calling appl...
State of Jandk;and anr Vs. 1 Khurshid Ahmed and anr
Court: Jammu and Kashmir
Decided on: Sep-16-2014
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU LPASW No. 195 OF2013AND LPASW No. 3 OF2014AND LPASW No. 6 OF2014State of J&K& anr Petitioners 1 Khurshid Ahmed & anr 2 Abdul Rehman & anr 3 Rupali Phull & anr Respondent !Mr. Gagan Basotra, Sr. AAG ^Mr. P. N. Raina, Sr. Advocate with Mr. Sanjay Verma, Advocate. Mr. H. A. Koul, Advocate. Mr. Nitin Bhasin, Advocate Honble Mr. Justice M. M. Kumar, Chief Justice Honble Mr. Justice Dhiraj Singh Thakur, Judge Date:16. 09.2014 :JUDGMENT : M. M. Kumar, CJ1 This order shall dispose of LPASW No. 195 of 2013 and other two connected appeals as all the appeals are directed against the judgment and order dated 08.08.2013 passed by the learned Writ Court. At the instance of State, the Public Service Commission conducts Combined Competitive Examination for appointment of suitable person to various civil posts. In the present case such an examination was conducted for induction into KAS, J&K Accounts (Gazetted Services) and J&K Police...
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