Jammu and Kashmir Court September 2015 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
United India Insurance Company Limited through its Divisional Manager, ...
Court: Jammu and Kashmir
Decided on: Sep-30-2015
N. Paul Vasanthakumar, C.J. 1. This appeal is filed against the order made in Complaint No. 61 PF/2014 dated 12.03.2015 wherein the JandK State Consumer Disputes Redressal Commission, Srinagar, has quantified the compensation payable to the respondent and passed an award for Rs. 6.50 lacs even though the appellant company was agreed to pay a sum of Rs. 4 lacs as compensation for the respondent s house which was damaged due to recent floods. 2. Two primary contentions were raised by the learned counsel for the appellant, namely, after giving consent to receive Rs. 4 lacs as compensation, the claim filed by the respondent before the Consumer Disputes Commission is not maintainable and that the appellant-Company was not given chance to adduce evidence to justify the slashing of the amount by the Surveyor and the same is in violation of Rule 11 and 16 of the Jammu and Kashmir Consumer Protection Act, 1987. 3. Insofar as the first contention is concerned, the learned counsel for the respond...
Reyaz Ahmad Khan and Others Vs. State of JandK through Principal Secre ...
Court: Jammu and Kashmir
Decided on: Sep-29-2015
(This Judgment Delivered at Srinagar Bench) N. Paul Vasanthakumar, C.J. 1. By consent the Letters Patent Appeal is taken up for final disposal. 2. The Registry also informed this Court that certain other candidates have also filed similar writ petitions before the Jammu Wing of this Court and common issues are raised in those writ petitions. This Court directed the Registry to identify the cases and the Registrar Judicial at Jammu identified the above numbered writ petitions ( SWP Nos. 1944, 1917, 1946, 1961, 2030, 2033, 2047, 2049 and 2138 of 2015) wherein also the similar issues regarding the selection of Prosecuting Officers have been raised. Having regard to the said fact, we also arranged for a sitting at Jammu Wing on 21.09.2015 and heard the arguments of the respective counsels for the writ petitioners as well as Mr. W. S. Nargal, AAG for the State. The Letters Patent appeal is filed against the order of the learned Single Judge dated 13.08.2015 made in SWP no. 1361/2015, dismis...
Srinagar Municipal Corporation Vs. Bashir Ahmad Thokar and Others
Court: Jammu and Kashmir
Decided on: Sep-28-2015
(This Judgment delivered at Srinagar Bench) Oral: Order dated 18th May 2015 is taken note of. From the record of this case, it appears that land measuring 12 kanals and 13 marlas covered by Survey No s 1125 (11 kanals and 01 marla) and Survey No. 1126 (01 kanal and 12 marlas) was recorded in the name of Srinagar Municipal Corporation in the year 1981 in the process of conducting Sehat Indraj Girdawari, by passing order on mutation no. 1244 dated 21st December, 1981. The Divisional Commissioner, Kashmir in his order dated 7th April, 2014 has stated that the possession of the land was taken over by the Srinagar Municipal Corporation and the said land has been acquired for four lanning of National Highway as has been reported to him by Collector Land Acquisition PWD Srinagar. The Divisional Commissioner, Kashmir in Revision Petition made recommendations for setting-aside the order on mutation no. 1244, which has been accepted by the Financial Commissioner vide his order dated 16th October...
Abdul Hamid Mir Vs. State of JandK and Others
Court: Jammu and Kashmir
Decided on: Sep-24-2015
1. Vide order No.3138/2009 dated 07.12.2009 impugned, respondent No.3, in exercise of powers conferred under Rule 335 of the Police Rules, has removed the petitioner (Constable) from service. The period of suspension w.e.f. 19.07.2009 to 08.08.2009 has been treated as on earned leave and the period w.e.f. 09.08.2009 till date of order i.e. 07.12.2009 has been treated as on duty having remained present during this period. 2. Petitioner, admittedly, was appointed as Constable in the year 1999 allotted No.814/IRP 5th Bn. He had remained unauthorizedly absent w.e.f.19.07.2009. An information was received by Special Police Component to the effect that he had developed connections with militant outfit LeT(Lashkar-e-Toiba) and clandestinely had conspired to carry out activities prejudicial to the security of the State. He was possessing illegal arms, based on which case has been registered as FIR No.77/2009 P/S Sheergari for commission of offences punishable under Section 7/25 Arms Act, 121-A...
Dr. Mushtaq Ahmad Laway Vs. State of JandK and Others
Court: Jammu and Kashmir
Decided on: Sep-24-2015
(This Judgment Delivered at Srinagar Bench) 1. Vide advertisement notice No.SIMS/ACAD/133 of 2015 dated 22nd May, 2015, applications were invited from eligible candidates for admission to various Postdoctoral (DM/M.Ch) 03 years courses for the session 2015 at SKIMS (Deemed University) Srinagar which include three seats for DM Gastroenterology. Amongst others, petitioner and respondent No.5 had also competed. Petitioner amongst the selected candidates figure at serial No.2, so as per one of the conditions of advertisement notice had to join and complete all the formalities and submit original certificates required by or before 31.07.2015 failing which the seat falling vacant shall be offered to the next candidate, if any, standing in the merit list. 2. Petitioner being an in-service candidate apprehending that he shall not get relieved before 31.07.2015, along with one Dr. Farooq Ahmad Mir filed SWP No.1455/2015 titled Dr. Farooq Ahmad Mir and anr. Vs. State of JandK and ors. An interim...
Ali Mohd. Bhat Vs. Karan Singh and Others
Court: Jammu and Kashmir
Decided on: Sep-18-2015
(This judgment delivered at Srinagar Bench) 1. This Civil Revision Petition is filed against the preliminary order dated 29.03.2014 passed in suit bearing Civil Original File No.08 titled Karan Singh v. Ali Mohammad Bhat, wherein the suit filed praying for a decree for declaration to declare the decree dated 31.07.1996 passed in suit file No.65 titled Ali Mohammad Bhat vs. Deedar Singh and Ors, as null and void was held maintainable. 2. The compromise decree dated 31.07.1996 was put to challenge in a fresh civil suit filed by 1st respondent/plaintiff on the ground that the said decree was a collusive decree and therefore, the said decree has to be declared as invalid as it was obtained by playing fraud. After filing of the written statement in the suit, seven issues were framed in the suit and issues 4, 5 and 6 were treated as preliminary issues. 3. The plea raised before the trial court on behalf of the petitioner, defendant in the suit, is that the compromise decree cannot be challen...
Khushdil Aijaz Vs. JandK BOPEE and Others
Court: Jammu and Kashmir
Decided on: Sep-17-2015
(This Judgment Delivered at Srinagar Bench) (Oral) 01. Like the complexities of life, this case has thrown up a complex situation which has brought the Court on cross roads of justice. 02. The cases are to be decided in accordance with law. The justice, as is held by the Division Bench of this Court, in Case titled JandK BOPEE and Ors vs. Sunanadni Sharma and Ors. reported in AIR 2014. JandK 45, in itself is a supreme law. Relevant para is taken note of:- .... The Constitutional Court is duty bound to uphold the merit of a meritorious candidate and is further duty bound to ensure that justice is meted out and wrong done is remedied. True, it is that justice is to be done in accordance with the law. The justice, however, in itself is a supreme law and cannot become subservient to an interpretation of a law which may result meeting out harsh injustice to a person... 03. The Division Bench of this Court in case titled Joginder Kour Vs. Union of India and Ors. reported in 2012 (4) JKJ 113...
Yash Paul Vs. Union of India and Others
Court: Jammu and Kashmir
Decided on: Sep-14-2015
B.S. Walia, J. 1. Prayer in the instant writ petition is for quashing of order dated 09.05.2001 vide which the petitioner's claim for grant of disability pension was rejected by respondent No. 3. Prayer is also for issuance of directions to the respondents to grant disability pension on account of petitioner's disability having been assessed at 100% as also for issuance of directions to the respondents to conduct Resurvey Medical Board of the petitioner in order to assess his current disability. Brief facts of the case necessary for adjudication of the controversy involved in the writ petition are that the petitioner was appointed as Recruit/AT Driver in the Indian Army on 29.12.1992. After serving for 8 years and 5 months, the petitioner was discharged from service on medical grounds on account of suffering from illness "Other Non Organic Psychos" with effect from 31.07.2000. At that time, the petitioner was serving in No. 1 Training Battalion (AT Driver) A.S.C. Centre North Paharpur ...
Budh Singh and Others Vs. State of JandK through Commissioner and Anot ...
Court: Jammu and Kashmir
Decided on: Sep-10-2015
N. Paul Vasanthakumar, CJ. 1. These writ petitions are filed by drivers of this Court (Jammu and Srinagar Wings). Writ petition No.917/2009 was filed praying for issuing writ of mandamus directing the respondents to grant and pay monthly allowance equivalent to two and half days pay retrospectively as granted in favour of drivers working in other Government Departments on the basis of the Government order No.274-HandME of 1991 dated 04.03.1991 and as approved by the Full Court Resolution dated 29.08.2009. 2. In writ petition No.484/2010, the petitioners pray for quashing the Government order No.2101-LD(Lit) of 2009 dated 25.09.2009 and for directing the respondents to grant and pay two and half days pay as monthly allowance retrospectively as granted in favour of drivers working in other Government Departments. 3. It is case of the petitioners that they are permanent residents of Jammu and Kashmir State and citizens of India. The petitioners are drivers working in this Court. They do n...
Union of India and Others Vs. Daleep Kumar
Court: Jammu and Kashmir
Decided on: Sep-03-2015
Oral: Muzaffar Hussain Attar, J. 1. The respondent-writ petitioner who at the time of inflicting of punishment upon him was holding the Rank of Hawaldar. By the punishment, his rank was reduced to the Rank of Sepoy and his services were brought to an end because he had completed his tenure of service as a Sepoy. 2. The punishment was awarded to the respondent-writ petitioner by the Competent Authority by treating him as a deserter. 3. The respondent-writ petitioner challenged the action of the Competent Authority for reducing him from the Rank of Hawaldar to the Rank of Sepoy by filing SWP No. 198/2000, inter-alia, on the ground that initially because of his domestic problem he applied for leave which was sanctioned in his favour and thereafter, he sought for extension of leave which was also sanctioned in his favour. Thereafter he was taken seriously ill which required his hospitalization and was surgically operated upon. After recovering from ailment, he on 20th July, 1999 reported f...
- ‹ Prev
- 2
- Next ›
- Last »