Jammu and Kashmir Court December 2015 Judgments
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Karnail Singh and Other Vs. State of JandK and Others
Court: Jammu and Kashmir
Decided on: Dec-30-2015
Bansi Lal Bhat, J. 1. This bunch of criminal appeals is directed against judgment of conviction dated 31.01.2012 and order of sentence dated 23.02.2012 by virtue whereof appellants (hereinafter referred to as the accused) - Karnail Singh and Ratno Devi stand convicted of offence under Section 302/120-B/109 of RPC and sentenced to suffer imprisonment for life and a fine of Rs. 10,000/- (Rupees Ten Thousand). Accused- Naresh Kumar, Sohan Singh, Jeet Kumar alias Jeeta, Jaimal Kumar alias Jeebu, Daleep Singh and Suresh Kumar have been convicted of offences under Section 302/364/120-B of RPC and sentenced to imprisonment for life and a fine of Rs.10,000/- (Rupees Ten Thousand) each for conviction under Section 302/120-B of RPC. Besides they have also been sentenced to rigorous imprisonment for ten years and a fine of Rs. 10,000/- (Rupees Ten Thousand) each for suffering conviction under Section 364 of RPC. The convicts have been directed to suffer varying terms of imprisonment in default of...
Akeel Ahmed and Another Vs. State of JandK. and Another
Court: Jammu and Kashmir
Decided on: Dec-30-2015
Bansi Lal Bhat, J. 1. This bunch of two appeals, one questioning conviction and sentence of Akeel Ahmed- appellant in Criminal Appeal No.50/2012, recorded and awarded in terms of impugned judgment of conviction and order of sentence dated 07.05.2012 convicting Akeel Ahmed of offence under Section 302/34 RPC and sentencing him to life imprisonment and fine of Rs.5,000/- and the second appeal preferred by State being Criminal Acquittal Appeal No.09/2013 assailing acquittal of Mohd. Rashid of offence under Section 302/34 RPC, 3/5 POTA and 7/25/27 Arms Act, arise out of common judgment rendered by learned 3rd Additional Sessions Judge, Jammu in File No.18/Challan titled State Vs. Akeel Ahmed and another. Appellant Akeel Ahmed and co-accused Mohd. Rashid faced joint trial on charges under Section 302/460/34 RPC, 7/27 Arms Act and 3/5 POTA. The gravamen of charges is that both - the appellant Akeel Ahmed and co-accused Mohd. Rashid (hereinafter to be referred to as the accused) worked with t...
Nand Kishore Sharma and Others Vs. Maria Burnadettee Collingasm
Court: Jammu and Kashmir
Decided on: Dec-30-2015
1. By virtue of the order impugned, learned Court of Principal Sessions Judge Jammu has opined that it is expedient in the interest of justice to launch prosecution against the appellants (non applicants therein) for using the fabricated will and for making false statement on oath in the Court when the proceedings in probate were in progress knowing the will to be fabricated. 2. Ashwin Nand Kishore Saddi, s/o appellant no.1 died but before his death, he is alleged to have executed a will deed dated 28.01.1994. Appellant No.1 after the death of said Ashwin Nand Kishore Saddi (Testator) filed an application for grant of probate before the Court of District Judge Jammu on 23.07.1996. Same has been dismissed for lack of jurisdiction vide detailed order dated 05.05.1997. Observing therein that the property in question in respect of which probate is asked for is located outside the jurisdiction of the Court and also deceased having no fixed place of abode at Jammu so as to give jurisdiction ...
Muneera Begum Vs. State and Others
Court: Jammu and Kashmir
Decided on: Dec-30-2015
1. Vide advertisement notice issued by Respondent No.4 bearing No: CEO/R/08/2780 -82 dated 01.05.2008, applications were invited for engagement of ReT Teachers in the schools upgraded under SSA which include two vacancies in PS Kumate, Education Zone Batote. 2. Tentative panel of the candidates was prepared. Petitioner figured at Sl. No.1 and the respondent No.5 at Sl. No.4. Respondent No.5 filed objections to the tentative panel complaining therein that petitioner is no t resident of village Dhandla (Ku mate ). 3. Two writ petitions SWP N o.1408/2011 and SWP No.1174/2011 were also filed by one Dina Nath and Gh. Mohi -ud -din (Respondent No.5) , which have been disposed of vide judgment dated 25.10.2013 with the direction to Deputy Commissioner, Ramban to hold an enquiry so as to find out actual status of Respondent Nos.4 and 5 therein i.e. Muneera Begum (petitioner herein) and Surita Devi. 4. The Deputy Commissioner after enquiry has pre pared a report dated 13.12.2013, wherein it is ...
Masarat Alam Bhat Vs. State and Others
Court: Jammu and Kashmir
Decided on: Dec-29-2015
(This Judgment Delivered at Srinagar Bench) The District Magistrate, Jammu, in exercise of powers conferred upon him by Jammu and Kashmir Public Safety Act, 1978 ( for short Act of 1978 ) issued Order No. 5/PSA of 2015 dated 1st September, 2015, whereunder, Masrat Alam S/O Late Abdul Majeed Bhat R/O Zaindar Mohalla Srinagar (for short detenue ) has been detained. The Government vide Government Order No. Home/PB-V/1397/2015 dated 30th November, 2015, in exercise of powers conferred upon it by Section 8(1) read with Clause (a) Sub Section (i) of Section 8 of the Act of 1978 has directed that detenue be detained for further period of three months with effect from 1st December, 2015. The detenue has challenged the aforesaid order in this petition. The respondents have filed reply affidavit. Mr. M.A.Qayoom, learned counsel for the detenue submitted that the impugned detention order is illegal, inter-alia, on the grounds; the District Magistrate has abused its Authority by issuing detention ...
Vaishno Devi and Others Vs. Dharam Paul
Court: Jammu and Kashmir
Decided on: Dec-28-2015
CIMA No.42/1996: 1. Appeal under Section 86 of the JandK Probate and Administration Act, 1977 is directed against Order dated 25.4.1995 passed by Court of District Judge Jammu, in terms whereof, application under Section 50/51 of the JandK Probate and Administration Act, 1977 seeking revocation of the Letter of Administration issued in favour of Shri Dharam Pal has been rejected. 2. One late Swami Dhirendra Brahmchari who held 87.5 per cent share in the M/s Shiva Gun Factory and the Gun Manufacturing License died in an Air crash on 08.06.1994, he had executed a Will Deed on 08.06.1994 in favour of Shri Dharam Pal, amongst others it is mentioned therein: It is my wish and desire that after my death Sh. Dharam Pal s/o Balski Ram r/o Gandhi Nagar, Jammu who had rendered all sorts of services to me at the time of obtaining of license, establishment of factory and has all along helped me since I came in contact with him in 1968-69. Some dispute also arose with him due to some misunderstandi...
Abdul Qayoom Khan Vs. State of JandK and Others
Court: Jammu and Kashmir
Decided on: Dec-18-2015
(This Judgment Delivered at Srinagar Bench) 1. Flag is not a mere piece of cloth of a shape, design and colour. It reflects pain and agony suffered by people to realise the dream of freedom. It s every strand is soaked in the blood of martyrs, tears of thousand who join their funeral procession and all those left behind without a source of sustenance. The wails of millions crushed under wheels of oppression, run through weft and warp of the Flag. Flag also depicts hope for a better future and resolve of masses to build a new polity based on values and ideals close to their heart. It is symbol of unity amongst different sections of population. It binds people and blends past with future 2. Flag is in use with different shapes, colours and designs to serve different purposes, from 3rd millennium B.C. Initially used as a general tool of signalling and identification, it served as a heraldic device in middle ages. The upswing in sea trade brought out importance of flag. Its use on ships wa...
Gulzar Ahmad Reshi and Others Vs. State and Others
Court: Jammu and Kashmir
Decided on: Dec-17-2015
(This Judgment Delivered at Srinagar Bench) Oral: In SWP. No. 2235/2015, the petitioners are aggrieved of the seniority list of Patwaries working in District Anantnag, which has been framed by the Deputy Commissioner, Anantnag, on 4th August, 2015 (Annexure-C). The further prayer made in the writ petition is that respondents, more particularly respondent no. 4, be directed to issue fresh seniority list of Patwaris in District Anantnag and to place the petitioners above and below the private respondents at their proper places. It is also prayed that the revised list be forwarded to respondent no. 3 for finalization of District Level Seniority List of Patwaries. It is further prayed that official respondents be directed not to act upon the seniority list of Patwaries (Annexure-C), or the seniority list of any other district till all such seniority lists are made in accordance with the rules governing the subject. It is further prayed that respondents 4 and 5 be directed to implement the ...
Officer Commanding Beacon and Others Vs. Khateeja Begum and Others
Court: Jammu and Kashmir
Decided on: Dec-17-2015
(This Judgment Delivered at Srinagar Bench) Oral: 1. The Commissioner under Employees Compensation Act of 1923 (for short Act of 1923) - (Assistant Labour Commissioner), Baramulla (for short ALC), passed an Award on 28th February, 2015 on the claim petition of respondent Khateeja Begum widow of Akmat Din Kholi, whereunder, the Appellants have been directed to deposit an amount of Rs. 08,31,920/- as compensation with the ALC, within a period of 30 days for its disbursement to the respondents claimants. The Award has been passed in terms of section (4) of the Act of 1923. It is this Award, which is called in question in this Appeal. The Award amount stands already deposited with the Registry of the Court. 2. Brief facts of the case, as projected in the claim petition, are that one Akmat Din Kholi, age about 30 years, was employed/engaged as labourer by the Appellants, who, in the course of his employment, sustained injuries on 02nd August, 2011 and subsequently succumbed to his injuries....
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