Court : Jammu and Kashmir
Reported in : 2005(2)JKJ161
S.K. Gupta, J.1. This writ petition has been preferred seeking a direction to promote the petitioner, by giving a benefit of out-of-turn promotion on the basis of his exemplary and meritorious work, as Deputy Inspector of Police w.e.f.30.11.2001 with all consequential service and auxiliary benefits including seniority from the date similarly situated persons on the same analogy have been given one time out-of-turn promotion, by issuing a writ of mandamus in invoking the writ jurisdiction under Article 226 of the Constitution of India read with Section 103 of the Constitution of Jammu & Kashmir State.2. According to the averments made in the petition, the petitioner was appointed as Sub Inspector in the year 1991. On the basis of his merit, seniority and suitability, the petitioner was subsequently promoted as Inspector in September, 1998. The State was under the grip of militancy and in order to effectively combat the insurgency, a Special Operation Group (hereinafter, for short, refer...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2004(2)JKJ267
S.K. Gupta, J.1. This case has a chequered history. The controversy in the present writ petition lies in a narrow compass as to whether an employee of any Organization, once transferred to some other Government Department by the Government itself, later permanently absorbed there, having been allowed all benefits like seniority, substantive Hen etc. could be ousted from that Department after a long spell of more than ten years, thereby taking away all such rights and benefits so enjoyed by him in the Government Department is justifiable as well as tenable in law.2. The facts, as set out in the writ petition are that in the year 1991, the Advocate General and the Law Department moved proposals suggesting the Government to utilize the services of the petitioner in connection with various court cases. The Government in the General Administration Department examined the same and on the basis of 'No objection' from all the concerned as well as after due verification of the official position...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : I(1994)DMC30
R.P. Sethi, J.1. How does the marriage of a Hindu female outside her caste affects her rights of benefits arising out of the Jammu and Kashmir Scheduled Castes and Backward Classes Rules, 1970 (hereinafter referred to as the 1970 Rules)? is the important question of law referred to this Bench vide order passed by the learned Single Judge on 16.11.1990. It is submitted that as after her marriage the female acquires the status and Gotra of her husband, her rights in terms of the 1970 Rules should be determined by reference to the caste of her husband notwithstanding his own caste in which she was born.2. Some of the facts giving rise to the filing of the present petition are : that the petitioner herein who is a member of a scheduled caste claims promotion under the rules by quashing order No. DSW/286 of 1989 dated 20-10-1989 with a prayer of restraining the respondents from reverting her to the most from which she was promoted. Tt is submitted that as respondent No. 3 who was originally...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : AIR1995J& K85
Rizvi, J. 1. This Letters Patent Appeal is directed against the judgment and order of thelearned single Judge dated 14-2-1991, dismissing the writ petition filed by the Administrator and Executive Officer of the Municipality Jammu against the respondents and upholding the judgment and order of the J and K. Special Tribunal, Jammu dated 15-10-1990 hereinafter referred as Tribunal, Jammu. 2. The facts and circumstances giving rise to the Letters Patent Appeal are briefly given, as under: The respondent No. 1, a Company incorporated under the Companies Act, for the purposes of constructing a hotel at Residency Road, Jammu, had submitted building plans to Jammu Municipal Authorities for according sanction to the proposed construction. After proper verification and after obtaining No Objection Certificates from all concerned, the said plans were sanctioned by the Building permission Committee of Municipality and issued under No. 633 dated 17-3-1987. Allegedly, the Architect engaged by the r...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : AIR1981J& K88
Kotwal, J.1. In this appeal under Section 52 of the J. and K. Land Acquisition Act, 1990, hereinafter referred to as the Act, a preliminary objection has been raised that the same is liable to be dismissed, as the court-fee paid on it is inadequate.2. To accomplish the public purpose of laying out a housing colony in the Railway Head Complex, Jammu, land measuring 669 kanals and 17 marlas, belonging to several owners in villages Chhanni Rama, Chhanni Beeja, and Chhanni Himmat was, in the first phase, acquired by Collector, Jammu, by his award dated 25-1-1977. The land was categorised according to its quality, and different rates for different categories were fixed by him for determining its compensation. Out of this land, Custodian Evacuee Property, Jammu, who is the appellant before us, was held entitled to receive compensation for 74 kanals. Two persons, namely, Amar Nath and Rattan Singh, who are herein the first and the second respondents respectively, claimed that they and not the...
Tag this Judgment!Court : Guwahati
Manisana, J.1. In this application under Article 226 of the Constitution of India, the petitioner Bacha Bora complains against the arrest and detention of his sons Rituraj Barua aged 19 and Padmaraj Barua aged 21 as illegal and wrongful and prays for a writ of habeas corpus and compensation.2. It appears from the records that on 1-12-90 the army personnel arrested Rituraj Barua from his house at Tingrai within Digboi Police Station of the district of Tinsukia and on 2-12-90 Padmaraj Barua from Margherita within Tinsukia District. Army authority made over them to Tinsukia Police Station on 16-12-90. Thereafter, a case was registered on 16-12-90 being Tinsukia Police Station Case No. 389 of 1990 Under Sections 3 and 4 of the Terrorist and Disruptive Activities (Prevention) Act, 1987 on the accusation that the two are accomplice in the ULFA activities. After the formal arrest of the two by the civil police, they were produced before the Additional District Magistrate on the very same day...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2003(3)JKJ132
Y.P. Nargotra, J.1. Whether state can maintain an appeal against a judgment and passed upon a reference Under Section 18 of Land Acquisition Act in which it was not a party; is the question arising for consideration. The relevant facts of the case are that under the provisions of Land Acquisition Act (hereafter called the Act). Land situated at Sharief Abad, District Budgam was acquired for construction of Electric Grid Station. The part of the land acquired. The Collector assessed the compensation at the rate of Rs. 34,600 per kanal. The owner/respondent did not accept the compensation at that rate and requested the Collector for making a reference Under Section 18 of the land Acquisition Act to the District Judge, Budgam. Learned District Judge entered the reference in which Petitioner No. 2, Chief Engineer was also a party, and enhanced the rate of compensation from Rs. 34,600 to Rs. 2,00,000 per kanal and assessed the compensation payable to the petitioner at Rs. 1,39,59,969 in whi...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2005(3)JKJ62,[2006]144STC217(NULL)
Permod Kohli, J. 1. Liability of the petitioners to pay local sales tax in accordance with the note appended to the tendered document and the validity thereof, is the principal question involved in this batch of petitions. All these petitions revolving around the above said question involve common questions of fact and law. There are three categories of writ petitions relating to the sale of auctioned goods to be lifted by the successful tenderers from various locations in the State of Jammu and Kashmir . First category of petitions relate to sale of brass and other miscellaneous military disposable goods. In the second category, goods involved are discarded unserviceable vehicles and other iron goods including iron scrap. Third category relates to sale of goods lying in Leh where there is tax exemption in respect to all kinds of taxes within the local area.2. Relevant admitted factual backgrounds may be noticed. The goods put to auction / tenders belong to Ministry of Defence, Governm...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2005(3)JKJ415
Permod Kohli, J.1. The Holy Shrine of Shri Amarnath Ji is considered to be one of the Lord Shiva's abode situate in the Himalayan Region in the South of Kashmir Valley. It is a common belief amongst the Hindus that Lord Shiva is one of the three Supreme Gods of Universe Brahmaha, Vishnoo, and Shiva. It is a natural Shrine in the shape of a Cave. It is also believed that Lord Shiva emerges in the form of an 'Ice Lingam' inside the Cave alongwith structures of Parvati and Shri Ganesha.2. The pilgrimage to the Wholly Shrine of Shri Amaranth is an annual feature and starts on Vyas Poornima and concludes on the day of Sharavan Rakhi Poornim: The Shrine is situate at an altitude of 3888 Mts.. The approach to the Holy Cave is from the traditional route Via Pehalgam-Chandanwari-Pissu Ghati-Sheshnag-Panjtarni. The distance of track from Chandanwari is 32 Kms. The other route is Via Sonamarg, which is popularly known as Baltal route. It starts from Baltal which is base of the Amarnath Yatra. It ...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2006(3)JKJ568
Permod Kohli, J.1. Through the medium of this petition a direction is sought for quashing Govt order No. 163-GAD of 1996 dated 22-2-1996, as amended subsequently vide Govt Order No. 253-GAD of 1996 dated 26-3-1996 and Govt Order No. 638-GAD of 2000 dated 5-6-2000 and Govt Order No. 809-GAD of 2000 dated 12-7-2000 and a further direction in the nature of mandamus to provide preferential treatment within the Sports Category to the Sports personnel, who have performed outstandingly viz those sports personnel who have secured positions in National Championship or who have represented the country in the International meets etc. in the matter of admission to Professional Colleges.2. Petitioner has claimed that she has represented country in international meet and has won large number of medals and was adjudged the best Junior Rhythmic Gymnast of the country in the year 2002. The grievance of the petitioner as projected in this petition relate to the non- consideration of outstanding merit of...
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