Jammu and Kashmir Court February 2015 Judgments
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Custodian General Vs. Hassan Din and Ors
Court: Jammu and Kashmir
Decided on: Feb-27-2015
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU OWP No. 1010 OF2010Custodian General Petitioners Hassan Din and ors Respondent !Mr. F. A. Natnoo, Advocate ^Mr. Nirmal Kotwal, Advocate Honble Mr. Justice Janak Raj Kotwal-Judge Date:27. 02.2015 :JUDGMENT :1. This petition under Article 226 of the Constitution of India read with section 103 of the Constitution of Jammu and Kashmir is directed against order dated 26.05.2010, whereby learned Special Tribunal, Jammu in a revision petition filed by the respondents has set aside order/notice dated 01.04.2008 passed/issued by the Custodian General J&K Government under sub section (5) of section 30 of the J&K State Evacuees (Administration of Property) Act, Svt, 2006 (hereinafter for short, the E.P.Act).2. Facts leading to this petition have been stated in detail by the learned Tribunal in the impugned order, which I may, however, restate precisely: In the year, 1995 respondent Nos. 2 & 3 filed an application under section 8 of the E.P. Act before the ...
1.State of Jammu and Kashmir Through Vs. Zafeer Ahmad
Court: Jammu and Kashmir
Decided on: Feb-24-2015
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU LPASW No. 131 OF20141.State of Jammu and Kashmir through 2. Chairman, 3. Director, 4. District Superintendent Officer, Petitioners Zafeer Ahmad Respondent !Mr. Gagan Basotra, Sr. AAG ^Mr. Dhiraj Choudhary, Advocate Honble Mr. Justice N. Paul Vasanthakumar, Chief Justice, Honble Mr. Justice Dhiraj Singh Thakur, Judge Date:24. 02.2015 :JUDGMENT : N. Paul Vasanthakumar, CJ1 This Letters Patent appeal is preferred against the order of the learned single Judge dated 21.8.2014 made in SWP No.2187 of 2014, wherein the prayer made by the respondent seeking direction to conduct written test to the respondent for selection to the post of Fireman in terms of the letter issued by the second appellant dated 26.6.2014 was ordered.2. The grievance of the appellants is that the learned single Judge, without issuing notice to the department allowed the writ petition by giving direction to conduct a special written test within one week and allowed the respondent ...
M/S Jasco Carriers Vs. 1.State of Jammu and Kashmir
Court: Jammu and Kashmir
Decided on: Feb-19-2015
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU LPAOW No. 02 OF2015M/S Jasco Carriers Petitioners 1.State of Jammu and Kashmir 2. Director/Chief Engineer 3. Deputy Director (Central) Respondent !Mr. S. K. Shukla, Advocate ^Mr. A. V. Gupta, Sr. Advocate with Mr. Ajay Abrol, Advocate for respondent No.4 Honble Mr. Justice N. Paul Vasanthakumar, Chief Justice Honble Mr. Justice Bansi Lal Bhat, Judge Date:19. 02.2015 :JUDGMENT : M/S Jasco Carriers 199 A/D Gandhi Nagar, Jammu Through its Managing Partner Mohd Ayaz Bhat; age 59 years S/O Sh. Abdul Gani Bhat Appellant Vs.1. State of Jammu and Kashmir Through Secretary to Government Public Works (R&B) Department Jammu and Kashmir Government Civil Secretariat Jammu.2. Director/Chief Engineer Stores Procurement department Jammu.3. Deputy Director (Central) Stores Procurement department Jammu.4. M/S Randhir Mehta & Co. C/O Yard No. 6, Transport Nagar, Narwal, Jammu.5. JAKFED Through its Managing Director B. C. Road, Ambphalla, Jammu. Respondents N. Paul...
Dr. Raj Kumar Sangra Vs. State of Jandk and Ors
Court: Jammu and Kashmir
Decided on: Feb-13-2015
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU LPASW No. 113 OF2014AND SWP No. 210 OF2014Dr. Raj Kumar Sangra Petitioners State of J&K and ors Respondent !Mr. M. K. Bhardwaj, Sr. Advocate with Mr. Gagan Kohli, Advocate ^Mr. Gagan Basotra, Sr. AAG vice Mrs. Neeru Goswami, Dy. A.G. Mr. Rohit Verma, Advocate Honble Mr. Justice N. Paul Vasanthakumar, Chief Justice Honble Mr. Justice Bansi Lal Bhat, Judge Date:13. 02.2015 :JUDGMENT : N. Paul Vasanthakumar, CJ1 Since the issue involved in both the cases and parties are one and the same, both the cases are heard together and common order is passed.2. SWP no. 210/2014 was filed by the appellant in the Letters Patent Appeal wherein he challenged the promotion of private respondent to the post of In-charge Chief Medical officer, figuring at serial no. 14 of the order 28.01.2014 and for directions to the respondents to promote the appellant to the post of Chief Medical Officer in the Health Department. During the pendency of the writ petition, on 28.07...
Union of India and Anr Vs. M/S Godrej Agrovet Limited
Court: Jammu and Kashmir
Decided on: Feb-13-2015
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU CDLOW No. 08 OF2014AND LPAOW No. 19 OF2014Union of India and anr Petitioners M/S Godrej Agrovet Limited Respondent !Mr. V. K. Magoo, Sr. CGSC ^Mr.Subash Dutt, Advocate and Mr. Suraj S. Wazir, Advocate Honble Mr. Justice N. Paul Vasanthakumar, Chief Justice Honble Mr. Justice Bansi Lal Bhat, Judge Date:13. 02.2015 :JUDGMENT : N. Paul Vasanthakumar, CJ1 This application is filed by Union of India as well as the Commissioner, Customs & Central Excise, seeking to condone the delay of 928 days in filing the Letters Patent Appeal against the order dated 04.05.2012 made in OWP.No.1209/2009. The said writ petition was disposed of by the learned Single Judge by following an earlier order made in OWP No.470/2008 which was decided on 23.12.2010 and the writ petition was disposed of in terms of the said earlier judgment dated 23.12.2010.2. The contention of the applicants is that the issue involved in the appeal is common in nature and 107 Letters Patent Ap...
1. Rouf Ahmed and Ors Vs. State of Jandk and Ors
Court: Jammu and Kashmir
Decided on: Feb-09-2015
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU SWP No. 1457 OF2014AND SWP No. 2256 OF2013AND SWP No. 1320 OF20131. Rouf Ahmed and ors 2. Mohd. Shabir and ors 3. Mohd. Shabir and ors Petitioners State of J&K and ors Respondent !Mr. M. A. Bhat, Advocate, Mr. S. K. Shukla, Advocate,Mr. K. K. Pathan, Advocate ^Mr. G. S. Thakur, GA, Mr. Nirmal Kotwal, Advocate, Mr. Sudershan Sharma, Advocate Honble Mr. Justice Bansi Lal Bhat-Judge Date:09. 02.2015 :JUDGMENT : SWP No. 1457/2014, CMA No. 1917/2014 c/w SWP No. 2256/2013, CMA Nos. 169/2014, 3305/2013 SWP No. 1320/2013, CMA No. 1920/2013 SWP No. 2090/2013, CMA Nos. 3624/2013, 3337/2013, 3080/2013, 3125/2013 Rouf Ahmed and ors. v State of J&K and ors. Mohd. Shabir and ors. v State of J&K and ors. Mohd. Shabir and ors v State of J&K and ors. Mohd. Sadeeq and ors v State of J&K and ors Since in all these petitions common questions of fact and law are involved, therefore, same are being disposed of by the common judgment. Petitioners appointed on Daily wa...
Mohinder Nath Vs. State and Others
Court: Jammu and Kashmir
Decided on: Feb-09-2015
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU SWP No. 1602 OF2013Mohinder Nath Petitioners State and others Respondent !Mr.S.K.Anand, Advocate ^Mr. G.S.Thakur, GA for R-1 to 3. Mr. Rahil Raja, Advocate for R-4 Honble Mr. Justice Bansi Lal Bhat-Judge Date:09. 02.2015 :JUDGMENT :1. Petitioner is aggrieved of order No.85-DCP of 2013 dated 17.07.2013 issued by respondent no.2 by virtue whereof petitioner has been transferred and posted as Senior Assistant of Inspection Division Jammu in place of private respondent no.4 who stands transferred and posted as Senior Assistant of EM and RE Wing (ED) Kathua in place of the petitioner. The impugned order is assailed on the ground that the same violates SRO343of 2004 read with the circular No.48 GAD of 2009 dated 23.11.2009. The impugned order is also assailed on the ground that the same is against the statutory policy, has been passed without jurisdiction and the same does not assign any reason for effecting the transfer.2. Respondents 1 to 3 have con...
National Insurance Co. Ltd.. Vs. Devijender Vaid and Anr
Court: Jammu and Kashmir
Decided on: Feb-09-2015
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU CIMA No. 472 OF2010National Insurance Co. Ltd.. Petitioners Devijender Vaid & anr Respondent !Mr. Suneel Malhotra, Advocate ^Mr. D. C. Raina, Sr. Advocate with Mr. Anil Verma and Ms. Garima Gupta, Adv(s). Honble Mr. Justice Bansi Lal Bhat-Judge Date:09. 02.2015 :JUDGMENT :1. Aggrieved of the Award dated 20.02.2010 passed by Motor Accident Claims Tribunal, Jammu (For short, Tribunal) in Claim Petition No.337/Claim titled Devijender Vaid Vs. Naresh Kumar & anr., by virtue whereof, an amount of Rs.8,29,700/- has been awarded as compensation in favour of respondent No.1 (hereinafter to be referred to as claimant) and the appellant/Insurer has been saddled with the liability to satisfy the award, the appellant/Insurer has filed the instant appeal assailing the impugned award on the grounds set out in the memo of appeal.2. Heard the rival sides and perused the record.3. The claimant approached the Tribunal for grant of compensation on account of injur...
Bharat Singh Vs. Union of India and Others
Court: Jammu and Kashmir
Decided on: Feb-09-2015
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU SWP No. 1652 OF2008Bharat Singh Petitioners Union of India and others Respondent !Mr.P.N.Bhat, Advocate ^Mr.P.S.Chandel, CGSC Honble Mr. Justice Bansi Lal Bhat-Judge Date:09. 02.2015 :JUDGMENT :1. Petitioner is aggrieved of cancellation of his selection for the post of Chowkidar in terms of communication dated 20.10.2008 issued by respondent no.3 which is impugned on the grounds set out in the writ petition. He seeks quashment of the impugned communication.2. The case set up by petitioner is that pursuant to an Advertisement Issued by respondents providing for recruitment of Group C and D posts at Command Hospital Northern Command Base Hospital 150 General Hospital and 170 Military Hospital, petitioner applied for the post of Chowkidar at 150 General Hospital at Rajouri on the prescribed form as he possessed the requisite qualification and was eligible to apply for the post of Chowkidar. He was called for interview and finally selected for the p...
Daljit Singh Vs. Madan Lal and Ors
Court: Jammu and Kashmir
Decided on: Feb-09-2015
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU C Rev No. 06 OF2014Daljit Singh Petitioners Madan Lal & ors Respondent !Mr. B. S. Manhas, Advocate ^Mr. B. S. Salathia, Sr. Advocate with Ms. Meenakshi Salathia, Adv. Mr. B. L. Kalgotra, Adv Honble Mr. Justice Bansi Lal Bhat-Judge Date:09. 02.2015 :JUDGMENT :1. This revision is directed against the order dated 18.02.2014 passed by learned Sub-Judge, Samba, by virtue whereof, the Trial Court dismissed the application filed by the petitioner and proforma respondent Nos.4 & 5 under Order 7 Rule 11 read with Section 151 CPC. The impugned order passed in Civil Suit titled Madan Lal and ors. vs. Jeet Kour & ors. is assailed on the ground that respondent Nos.1 & 2 (plaintiffs) while leading evidence filed a report of concerned Patwari regarding the share of Late Chet Singh (father of Jeet Kour-respondent No.3) out of Khasra No.39 of Village Sunjwan, Tehsil Samba and the said report reflected that Chet Singh had sold his entire share during his lifetime...
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