Jammu and Kashmir Court July 2015 Judgments
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State of Jammu and Kashmir through Principal Secretary to Government ( ...
Court: Jammu and Kashmir
Decided on: Jul-30-2015
(This Judgment Delivered at Srinagar Bench) N. Paul Vasanthakumar, CJ. 1. This appeal is fied by the appellants against the order dated 03.12.2014 made in HCP No. 23/2012, granting a sum of Rs. 5 lacs as compensation to the father of the deceased detenue, noting the negligence on the part of the Jail authorities in giving the timely treatment to the detenue, to be paid by the State. The father of the detenue has challenged the detention order passed under the Jammu and Kashmir Public Safety Act, 1978 and during the pendency of the HCP the detenue died on 22.03.2012 at 12.30 PM due to Cardio Pulmonary Arrest. 2. The case projected by the respondent before the learned Single Judge was as follows:- The respondent s son, namely, Sajad Ahmad Dar, was arrested in the year 1996 and was later detained under the Public Safety Act. However, he was released in the year 1998. Again the 2nd appellant passed the detention order on 20.01.2012 whereby the son of the respondent was ordered to be lodged...
Mohd. Farooq and Another Vs. State and Others
Court: Jammu and Kashmir
Decided on: Jul-29-2015
A. SWP No.06/2010 1. The challenge in this petition is to Order No.535/DSMG of 2009 dated 29.12.2009 issued by the Director, State Motor Garages, respondent No.2 herein, in so far as it promotes respondent No.3 as Inspector in the State Motor Garages. The petitioners are also seeking a writ of mandamus declaring the qualification of matriculation for promotion to the post of Inspector in terms of Schedule II of JandK State Motor Garages (Subordinate) Service Recruitment Rules, 2004 as ultra-vires to the Constitution of India. They are also seeking a direction to the respondents to promote them against the post of Inspector. 2. The facts as projected in the writ petition are that initially the petitioners came to be appointed as Cleaners in the State Motor Garages on 2141.1972 and 01.03.1977 respectively. With the passage of time they earned promotions. Both of them came to be promoted as Electrician on 17.04.1980 and 22.04.1983 respectively, whereas respondent No.3 came to be appointed...
Chairman, JandK Bank, Srinagar and Another Vs. Chairman, JandK Bank, S ...
Court: Jammu and Kashmir
Decided on: Jul-29-2015
Paul Vasanthakumar, J. 1. This appeal is filed by the Chairman, JandK Bank as well as by the Branch Manager, JandK Bank, Qamarwari, Srinagar challenging the order passed by the JandK State Consumer Disputes Redressal Commission, Srinagar, dated 22.07.2014 made in Complaint No. 101/2012, awarding compensation of Rs. 50,000/- to the respondent who is a businessman selling articles under the name and style of Kashmir Arts , for harassment and loss of face suffered by him due to the publication of his photograph as defaulter to the tune of Rs. 16.72 Lacs in daily newspaper Greater Kashmir on 21.08.2009, though he was to pay a sum of Rs. 4,82,983.53 only. 2. Stating that the said action of the Bank has tarnished his reputation and business interest as if he is a bankrupt and sustained business loss apart from mental stress, claiming Rs. 15 lacs as comepnsation with Rs. 50,000/- as costs, the complaint was filed by the respondent before the Divisional Forum, Srinagar initially in November, 2...
Dr. Mohammad Inam Zaroo Vs. State of JandK and Others
Court: Jammu and Kashmir
Decided on: Jul-28-2015
(This judgment delivered at Srinagar Bench) 1) Admittedly, petitioner has been appointed as Lecturer in the Department of Plastic Surgery SKIMS vide order No.13-IMS of 1997 dated August 11, 1997. Then vide order No.14-IMS of 2001 dated June 30, 2001 has been appointed as Associate Professor. 2) In the year 2003, petitioner had applied for special leave for one year with effect from 16th February, 2004. Same had been sanctioned vide order No.1112-HME of 2003 dated 20.10.2003. The leave so sanctioned was treated as extraordinary leave without pay and allowances. Petitioner on expiry of leave did not rejoin but had sought extension thereof on certain grounds and had undertaken to resume back his duties in the month of April, 2007. 3) Absence of the petitioner was enquired into, unauthorized absence was established, disciplinary action was recommended as against which petitioner had filed representation. Finally, petitioner submitted his joining report on 11th April, 2007. Subsequent there...
Sanjeev Khajuria Vs. Ravinder Singh Pathania
Court: Jammu and Kashmir
Decided on: Jul-28-2015
1. The petitioner seeks quashing of order dated 03.11.2007 passed by learned CJM Kathua on the complaint filed by respondent against petitioner herein by virtue whereof the trial Court issued process against the petitioner for offence under Section 138 of Negotiable Instruments Act. Invoking jurisdiction of this Court under Section 561-A, Cr. P. C., the petitioner prays for quashing of complaint as well as the proceedings before the trial Court. 2. Allegedly petitioner, in discharge of past liabilities, issued cheque No. 11631010 dated 03.09.2007 for sum of Rs. 1,00,000/- drawn at J and K Bank Kathua in favour of respondent herein which on being presented in the Bank was dishonoured and returned on 15.09.2007 with endorsement of insufficiency of funds in the account of petitioner. Respondent issued statutory notice of demand to petitioner on 07.10.2007 which was claimed to have been served upon petitioner on 21.09.2007 (date as reflected in the complaint, otherwise it should have been ...
State of JandK through Secretary to Government, Home Department, Civil ...
Court: Jammu and Kashmir
Decided on: Jul-27-2015
N. Paul Vasanthakumar, C.J. 1. This application is filed by the State Home Department as well as the Director General of Police and the Commandant, seeking to condone delay of 9 years and 152 days in filing the appeal. 2. It is stated in the application seeking condone delay that the learned Single Judge has passed an order in SWP no. 1255/1993 on 16.09.2005 and Hon ble the Supreme Court in Special Leave to Appeal (C) no. 8372-8373/2014 having granted liberty to the State to file Letters Patent Appeal against the order of the learned Single Judge dated 16.09.2005, the appeal is filed with condone delay and the same may be condoned. The learned AAG was permitted to argue the merits of the matter also. 3. The application is opposed by the learned counsel appearing for the respondent by stating that respondent filed SWP no. 1255/1993 challenging the removal order passed on the ground that the respondent had participated in the police agitation due to which he has not reported for duty wit...
Abid Nazir Vs. State of JK and Others
Court: Jammu and Kashmir
Decided on: Jul-27-2015
(This Judgment Delivered at Srinagar Bench) (Oral) Government order No. 131-FST of 2015 dated 04-06-2015 is called in question by the petitioner to his extent. In terms of said order, petitioner has been transferred from the post of Agrostologist, Kashmir to the post of DFO, Kargil. This order is called in question, inter alia on the ground that it is issued in malafide exercise of power by respondent no. 2; it has been passed in breach of the transfer policy notified vide Government Order No. 861-GAD of 2010 dated: 28th July, 2010, inasmuch as, petitioner has been prematurely transferred. Mr. Qayoom, learned counsel for the petitioner argued at great length and referred to judgments reported in 2012 (2) SLJ 604, 1973 (1) SCC 194, 1975 (3) SCC 503, 2014 SC 263, 1998 (8) SCC 753, AIR 1964 SC 962, 2000 SC (2) 1684 and 2000 (8) SCC 395. Learned counsel submitted that this court while deciding SWP NO: 109/2013 on 29th January, 2014 directed the respondents to consider the petitioner for re...
Mohammad Maqbool Bhat Vs. State of JandK through Commissioner/Secretar ...
Court: Jammu and Kashmir
Decided on: Jul-27-2015
(This Judgment Delivered at Srinagar Bench) N. Paul Vasanthakumar, CJ. 1. By consent the writ petition was posted before the Division Bench and is heard. 2. The petitioner has filed this writ petition praying to quash the order of suspension dated 02.06.2014 and for direction to continue in service as Senior Assistant in the office of respondent no.4 or in the alternative all other persons who were working on the posts of Executive Engineer, Assistant Executive Engineer and Junior Engineer etc. be also placed under suspension and everyone be treated alike before law in terms of Article 14, 16 and 21 of the Constitution of India. 3. Insofar as the alternate prayer made by the writ petitioner is concerned, Mr. Jehangir Iqbal Ganai, the learned Advocate General, has submitted that after investigation of the case registered in FIR 91 of 2014 under Sections 5(2) of the Prevention of Corruption Act read with Sections 409/467/468, 120-B RPC on the file of Police Station Handwara, the Executiv...
Nazir Ahma Gojar and Another Vs. Nizam-ud/din Gojar and Others
Court: Jammu and Kashmir
Decided on: Jul-24-2015
(This judgment delivered at Srinagar Bench) 1. This revision petition is filed by the petitioners, who are the defendants in civil suit No. 4 of 2012 on the file of the learned Munsiff Aishmuqam, wherein the application filed by the petitioners under Order 7 Rule 11 of the Code of Civil Procedure seeking rejection of the plaint has been dismissed. 2. The brief facts necessary for disposal of this revision are as follows: The respondents have filed civil suit No. 4 of 2012, seeking declaration, declaring the sale deed dated 15.04.1969 with respect to the suit property, I,e land measuring 27 Kanal and 07 marlas falling under survey nos. 249/250 situated at Hangalpawa, as a benami transaction and defendant no.1 be declared as Benamidar of the plaintiffs and for declaration declaring that plaintiffs are co-owners and co-possessors of the suit property with defendant no.1 along with the assets standing over it and for consequential relief of partition of the suit property between the plaint...
Yashpal Singh Vs. State and Others
Court: Jammu and Kashmir
Decided on: Jul-24-2015
Dhiraj Singh Thakur, J. 1. The present Letters Patent Appeal has been preferred against the judgment and order dated 13-6-2003 passed in SWP No. 1077 of 2000 whereby the writ Court has dismissed the writ petition filed by the petitioner. 2. At this stage, it is necessary to give the material facts in brief in the light of which the present controversy has arisen. 3. The petitioner came to be selected as a Watcher by the Selection Committee in the Department of Forest and consequent thereto, an order of appointment dated 5.8.1997 was passed by the Chief Conservator of Forests, Jammu. Although no period was prescribed in the order of appointment, requiring the appointees to join, yet it is admitted that the petitioner did not join pursuant to his selection and appointment and for the first time came forward to submit his joining report on 20.3.1998. The reason reflected in the writ petition for not joining immediately after the issuance of the letter of appointment is stated to be the il...
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