Jammu and Kashmir Court November 2015 Judgments
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Yasmeen Khan Vs. State of JandK and Others
Court: Jammu and Kashmir
Decided on: Nov-18-2015
(This judgment delivered at Srinagar Bench) Muzaffar Hussain Attar, J. 1. In terms of order dated 17.06.2005 the review petitioner was promoted from the post of Dy. Manager (Operations) to the post of Manager Operations in the pay scale of Rs.10000-15200. One, Mr. Yaqoob Iqbal Bhat, Dy.Manager Finance was promoted to the post of Manager Finance in the pay scale of Rs.10000-15200. Respondent No.5 (hereinafter referred to as writ petitioner) who was holding the post of Administrative Officer was adjusted on the post of Manager Administration in the pay scale of Rs.10000-15200. The post of Administrative Officer was treated to be abolished. The order issued by the Managing Director further provide that the writ petitioner is placed in the pay scale of Rs.8000-12950 for a period of five years after which he will get the pay scale of Rs.10000-15200 against the available post of Manager Administration. 2. On 01.07.2005, the Managing Director JKTDC/SKICC issued an order, whereunder, it is pro...
Oriental Insurance Company Ltd. Vs. Shiv Devi and Others
Court: Jammu and Kashmir
Decided on: Nov-18-2015
1. Seventeen appeals have been filed by the Insurance Company from equal number of judgment and awards passed by the learned Motor Accidents Claims Tribunal, Doda (for short, the Tribunal). One [(c) No. 35/2011], however, is a cross-appeal in CIMA No. 262/2006. 2. Heard. I have perused the record. 3. Seventeen Claim applications were filed either by legal representatives of the persons, who died, or by the persons, who suffered injuries, in a road traffic accident that occurred on 30.11.2002. Vehicle involved in the accident was a passenger vehicle (matador) bearing registration No. JK06-602. Learned Tribunal after inquiry in each claim application found that the accident occurred due to rash and negligent driving of the driver of the offending vehicle. Learned Tribunal assessed the compensation payable to the claimants and foisted liability of paying the compensation on the appellant with whom the offending vehicle as at the relevant time was insured for third party risk. 4. Appellant...
Union of India, Through Commandant Vs. Kishori Lal and Others
Court: Jammu and Kashmir
Decided on: Nov-18-2015
N. Paul Vasanthakumar, C.J. 1. This appeal is filed against the order of the learned Single Judge dated 10.11.2000 made in SWP No.2767/1999 wherein the learned Single Judge has allowed the writ petition filed by the respondents numbering 77 and giving direction to prepare some scheme for absorption of the respondents and till such time the services of the respondents, who are in service, are not brought to an end. 2. The case of the respondents before the Writ Court was that they were engaged by the appellant as causal labourers, depending on the work of the Depot for unloading /loading of stores received by Rail and they are paid daily rate salary as fixed by the Labour Commissioner and they having been engaged as daily wagers for a specific work/task they can seek for regularization. The learned Single Judge, considering the fact that the respondents were engaged for several years, issued directions to frame some scheme for absorption of the respondents, considering the fact that SRO...
Mohd Rashid Vs. State of JandK
Court: Jammu and Kashmir
Decided on: Nov-05-2015
Kotwal, J. 1. Appellant is alleged to have kidnapped a minor daughter of PW Abdul Rehman from his rented accommodation at Rani Talab, Jammu, raped her and committed her murder on 28.08.2005. In this regard crime No. 144/2005 was registered with Police Station, Pacca Danga, Jammu. Appellant was charge-sheeted and tried for commission of offences punishable under sections 363, 376 and 302 RPC. Learned trial court vide judgment dated 13.03.2014 found the appellant guilty and convicted him under aforementioned sections and vide order dated 27.03.2014 sentenced him to death in proof of offence under section 302 RPC, rigorous imprisonment for life and to pay fine of Rs. 10,000/- in proof of offence under section 376 and to rigorous imprisonment for seven years and to pay fine of Rs. 2,000/ in proof of offence under section 363 RPC. 2. Appellant is in appeal against his conviction and sentence. One of the grounds on which conviction and sentence have been questioned is the juvenility of the a...
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