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Jammu and Kashmir Court April 2015 Judgments

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Apr 30 2015

National Cooperative Dairy Federation of India Ltd. and Ors. Vs. State ...

Court: Jammu and Kashmir

Decided on: Apr-30-2015

HIGH COURT OF JAMMU AND KASHMIR AT JAMMU OWP No. 526 OF2014National Cooperative Dairy Federation of India Ltd. and ors. Petitioners State of J&K and others Respondent !Mr. Pranav Kohli, Adv ^Mr. M. A. Bhat, Adv Honble Mr. Justice Bansi Lal Bhat, Judge Honble Mr. Justice Janak Raj Kotwal, Judge Date:30. 04.2015 :JUDGMENT : Per Kotwal-J1 Petitioner No. 1 is the National Cooperative Dairy Federation of India Ltd. (hereinafter to be referred as the petitioner-Federation). It has been registered under the Multi-State Cooperative Societies Act, 2002 with the object inter alia to promote the dairy industry and the oil seeds, vegetable/edible oils and Vanaspati Industry in the Country and to coordinate, help, develop and facilitate the working of the dairy, vegetable/edible seeds, fruits and vegetable growers cooperatives and affiliated organizations. Petitioner-Federation claims that it has sixteen regular members, eleven associate members and National Dairy Development Board as Institutional...


Apr 22 2015

Sunit Singh and Anr a/W Connected Matters Vs. State of Jandk

Court: Jammu and Kashmir

Decided on: Apr-22-2015

HIGH COURT OF JAMMU AND KASHMIR AT JAMMU Cr Rev No. 49 OF2014AND Cr Rev No. 09 OF2014Sunit Singh and anr a/w connected matters Petitioners State of J&K Respondent !In Cr. Rev. No. 49/2014 Mr. B. S. Salathia, Sr. Adv. with Mr. Ajay Vaid, Adv. In 561-A No. 82/2014 None Cr. Rev. No. 09/2014 Mrs. Seema Shekhar, AAG ^In Cr. Rev. No. 49/2014 Mrs. Seema Shekhar, AAG In 561-A No. 82/2014 Mr. B. S. Salathia, Sr. Adv. with Mr. Ajay Vaid, Adv. Cr. Rev. No. 09/2014 Mr. B. S. Salathia, Sr. Adv. with Mr. Ajay Vaid, Adv Honble Mr. Justice Janak Raj Kotwal, Judge Date:22. 04.2015 :JUDGMENT : Cr. Rev. No. 49/2014 Cr.M.A No. 44/2014 c/w Pet. u/s 561-A No. 82/2014 Cr.M.A No. 99/2014 Cr.M.A No. 25/2014 & Cr. Rev. No. 09/2014, Cr.MA Nos. 08/2014, 48/2014 1. On 04.08.2013 PW-Ankush Talashi lodged written information at Police Station, Nagrota about attack and assault on him and his father, Tej Nath Talashi. FIR No. 249/2013 under sections 307, 364/34 RPC and 4/25 Arms Act was registered and Police took up t...


Apr 17 2015

Dharam Singh Vs. State and Others

Court: Jammu and Kashmir

Decided on: Apr-17-2015

HIGH COURT OF JAMMU AND KASHMIR AT JAMMU OWP No. 67 OF2014Dharam Singh Petitioners State and others Respondent !Mr. D. C. Raina, Sr. Adv. with Mr. Vikas Mangotra, Adv ^Mr. K. S. Johal, Sr. Adv. with Mr. Aashray Choudhary, Adv. for Nos. 6 and 7 Mr. H. A. Siddiqui, AAG for Nos. 1, 2, 4 and 5 Mr. Ajay Abrol, Adv. for No. 3 Honble Mr. Justice Janak Raj Kotwal, Judge Date:17. 04.2015 :JUDGMENT :1. Collector, Land Acquisition (Assistant Commissioner Revenue), Jammu (for short, the Collector) issued Notification No. 06 of 1988 dated 29.08.1988 under section 4(1) of the Jammu and Kashmir Land Acquisition Act, 1990 (for short, the Act) proposing acquisition of a big chunk of land situate at villages, Kartholi, Meen Sarkar and Birpur for a public purpose, namely, development and expansion of Industrial Complex, Bari Brahmana, Jammu. On the recommendation of the Collector, Government issued declaration vide Notification No. 335-RD of 1989 under section 6 of the Act on 21.09.1989. Final award was ...


Apr 16 2015

1. State of Jammu and Kashmir Through Commissioner Cum Secre Vs. 1. Vi ...

Court: Jammu and Kashmir

Decided on: Apr-16-2015

HIGH COURT OF JAMMU AND KASHMIR AT JAMMU LPASW No. 183 OF20091. State of Jammu and Kashmir through Commissioner Cum Secretary to Government Forest Department, Civil Secretariat Srinagar.2. Project Director Social Forestry Project Talab Tillo, Jammu.3. Regional Director Social Forestry Project Jammu.4. Divisional Forest Officer Kathua ( Social Forestry Division) Petitioners 1. Vishno Devi 2. Ranjit Kumar Respondent !Mr. Meenakshi Bhatyal, GA ^Mr. S. K. Anand, Advocate Honble Mr. Justice N. Paul Vasanthakumar, Chief Justice Honble Mr. Justice Dhiraj Singh Thakur, Judge Date:16. 04.2015 :JUDGMENT : N.Paul Vasanthakumar,CJ1 This appeal is filed against the order of learned Single Judge dated 02.04.2009 made in SWP No.1233 of 2005, allowing the writ petition filed by the respondent in cancelling the order dated 09.09.1995 with a direction to treat the respondent as helper with effect from 01.05.1995 with salary and other benefits till July 2004 with a further direction that he will not be e...


Apr 09 2015

Kartar Singh Vs. 1. State of Jammu and Kashmir Through Commissioner-Se ...

Court: Jammu and Kashmir

Decided on: Apr-09-2015

HIGH COURT OF JAMMU AND KASHMIR AT JAMMU LPASW No. 38 OF2011Kartar Singh Petitioners 1. State of Jammu and Kashmir through Commissioner-Secretary, Finance Department, Civil Secretariat, Jammu.2. Director Accounts and Treasuries, J&K Govt., Civil Secretariat, Jammu. Respondent !Mr. R.Koul, Advocate ^Mr. M.A.Bhat, Advocate Honble Mr. Justice N. Paul Vasanthakumar, Chief Justice Honble Mr. Justice Dhiraj Singh Thakur, Judge Date:09. 04.2015 :JUDGMENT : N.Paul Vasanthakumar, CJ1 This appeal is filed against the order made in SWP No.1939/2009 dated 13.12.2010 insofar as denying the monetary benefits for the promotional post.2. Brief facts necessary for disposal of the appeal are as follows:- The appellant was initially appointed as Accounts Assistant in January, 1969, promoted as Accountant in the year 1973 and was further promoted as Assistant Accounts Officer in the year 1978. The appellant belongs to Scheduled Caste community and according to him, he was entitled to get promotion on the ...


Apr 09 2015

Rajesh Magotra Vs. Nalini Sharma and Ors.

Court: Jammu and Kashmir

Decided on: Apr-09-2015

HIGH COURT OF JAMMU AND KASHMIR AT JAMMU C Rev No. 28 OF2014Rajesh Magotra Petitioners Nalini Sharma and ors. Respondent !Mr. Rahul Bharti, Advocate ^Mr. L. K. Sharma, Sr. Advocate with Mr. Rahul Sharma, Advocate Honble Mr. Justice Janak Raj Kotwal, Judge Date:09. 04.2015 :JUDGMENT :1. This is a revision petition.2. Heard. I have perused the record.3. Respondent No. 1, Nalini Sharma, has filed a suit against the petitioner, who is her brother and their mother, Pushpa Mangotra and two sisters, Meera Sharma and Mena Sharma seeking declaration that oral partition recorded in the memorandum of partition dated 04.06.1999 between the petitioner and four other, namely, Kamlesh Magotra, Suresh Magotra, Sunil Magotra and Sunita Magotra is void and inoperative in so far as it affects rights of respondent No. 1 (plaintiff) and therein defendants Nos. 2 to 4 in the property of late Shri Jagdish Chander Magotra. Besides, she has sought partition of the property by meets and bounds.4. As per the pet...


Apr 09 2015

1. Administrator, Notified Area Committee, Sunderbani. Vs. 1. Ram Ratt ...

Court: Jammu and Kashmir

Decided on: Apr-09-2015

HIGH COURT OF JAMMU AND KASHMIR AT JAMMU LPASW No. 91 OF20031. Administrator, Notified Area Committee, Sunderbani.2. Director Local Bodies, Jammu.3. State of Jammu & Kashmir through Commissioner/Secretary to Govt., Housing & Urban Development Deptt., Srinagar/Jammu Petitioners 1. Ram Rattan S/o Shri Ram Chand R/o Village Gossan, P.O. Mehra Mandran, Tehsil Akhnoor Disttt. Jammu (Work Supervisor, NAC, __________).2. Shri Sat Paul, J.E., Poonch Municipality, Poonch Respondent !Mrs. Seema Shekhar, AAG ^Mr. Ashray Choudhary, Advocate Honble Mr. Justice N. Paul Vasanthakumar, Chief Justice Honble Mr. Justice Dhiraj Singh Thakur, Judge Date:09. 04.2015 :JUDGMENT : N.Paul Vasanthakumar, CJ1 This appeal is filed against the order made in SWP No.769/2001 dated 31.07.2002. The grievance of the 1st respondent before the learned Single Judge was that even though he was placed at serial No.15 and respondent No.2 herein was placed at serial No.21 and the 2nd respondent despite being junior to the wri...


Apr 08 2015

Union of India, Through Station Commander, 23 Wing, Af C/O 5 Vs. Chano ...

Court: Jammu and Kashmir

Decided on: Apr-08-2015

HIGH COURT OF JAMMU AND KASHMIR AT JAMMU LPAOW No. 261 OF2002Union of India, Through Station Commander, 23 Wing, AF C/O56APO Petitioners Chano Devi. Respondent ! Mr. Sindhu Sharma ASGI, Advocate ^ Mr. Rajinder Singh, Advocate Honble Mr. Justice N. Paul Vasanthakumar, Chief Justice, Honble Mr. Justice Dhiraj Singh Thakur, Judge Date:08. 04.2015 :JUDGMENT : N. Paul Vasanthakumar, CJ1 The Union of India has filed this appeal against the order made in OWP No.630/2000 dated 17.05.2001 wherein the claim made by the respondent, who is widow of the army personnel seeking family pension, was allowed with 12% interest for the arrears of pension to be calculated.2. Brief facts necessary for disposal of this appeal are as follows:- (a) The respondent is a widow of deceased Ram Chander Bhagat who was enrolled in Indian Air Force on 25.08.1951 as Group D Civilian (Cook) and was 2 assigned enrolment No. 805840 NC (E). He had rendered 18 years and 225 days service as Group D Civilian (Cook) in Indian ...


Apr 08 2015

Union of India, Through Station Commander, 23 Wing, Af C/O 5 Vs. Chano ...

Court: Jammu and Kashmir

Decided on: Apr-08-2015

HIGH COURT OF JAMMU AND KASHMIR AT JAMMU LPAOW No. 261 OF2002Union of India, Through Station Commander, 23 Wing, AF C/O56APO Petitioners Chano Devi widow of Late NC(E) Ram Chander Bhagat, R/o Village Chaprial, P.O. Palwala, Distt. Jammu. Respondent !Mr. Sindhu Sharma ASGI, Advocate ^Mr. Rajinder Singh, Advocate Honble Mr. Justice N. Paul Vasanthakumar, Chief Justice Honble Mr. Justice Dhiraj Singh Thakur, Judge Date:08. 04.2015 :JUDGMENT : N. Paul Vasanthakumar, CJ1 The Union of India has filed this appeal against the order made in OWP No.630/2000 dated 17.05.2001 wherein the claim made by the respondent, who is widow of the army personnel seeking family pension, was allowed with 12% interest for the arrears of pension to be calculated.2. Brief facts necessary for disposal of this appeal are as follows:- (a) The respondent is a widow of deceased Ram Chander Bhagat who was enrolled in Indian Air Force on 25.08.1951 as Group D Civilian (Cook) and was 2 assigned enrolment No. 805840 NC (E...


Apr 08 2015

Union of India, Through Commanding officer,515 Asc Bn, C/O 5 Vs. 1. Sh ...

Court: Jammu and Kashmir

Decided on: Apr-08-2015

HIGH COURT OF JAMMU AND KASHMIR AT JAMMU LPAOW No. 114 OF2002Union of India, Through Commanding Officer,515 ASC Bn, C/O56APO Petitioners 1. Shammi Kumar, aged 24 years S/o Smt. Vyaso Devi and Rattan chand 2. Mohinder Kumar, aged 20 years S/o Smt. Vyaso Devi and Rattan Chand Both residents of Village Kheri Mandi, Samba, P.O. Samba, J&K at present Arazi, Tehsil and District Samba Respondent !Mr. N.A.Choudhary, CGSC ^None Honble Mr. Justice N. Paul Vasanthakumar, Chief Justice Honble Mr. Justice Dhiraj Singh Thakur, Judge Date:08. 04.2015 :JUDGMENT : N.Paul Vasanthakumar, CJ1 The Union of India has filed this appeal against the order made in OWP No.48/1995 dated 14.12.1999 wherein the learned Single Judge allowed the writ petition by setting aside the order of dismissal and ordered to grant pension and the said order was directed to be implemented within a period of six months.2. Brief facts necessary for disposal of the appeal are as follows:- (a) The writ petitioner, namely Rattan Chand...



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