Court : Jammu and Kashmir
Reported in : AIR1999J& K140
ORDERT.S. Doabia, J. 1. Having failed to persuade, respondent No. 5 to join him along with the minor daughter, the petitioner has sought a writ of 'Habeas Corpus' and 'Subjiciendum'. The respondent No. 5 however, submits that these proceedings lack sincerely and have been resorted to with an oblique motive; the motive being to exert undue pressure. It is accordingly submitted that the petition having not been initiated bona fide deserves rejection at the very threshold. A second petition bearing No. 695 of 1997 has been filed on behalf of the minor. She wants conferment of citizenship of this country.Reference to that would be made at appropriate place. Both these petitions concern the minor and are being dealt with together.Facts in HCW 846 of 1997 are as under :2. The petitioner is admittedly the father of a minor child. She was born out of a wedlock between the petitioner and respondent No. 5. The marriage took place in Delhi. This happened in 1984. The petitioner is a Pakistan nati...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : [1977]106ITR84(J&K)
Ansari, C.J. 1. The Income-tax Appellate Tribunal, Amritsar Bench (hereinafter referred to as 'the Tribunal'), has referred the following three questions to this court under Section 256(1) of the Income-tax Act, 1961 (hereinafter referred to as 'the Act'): '1. Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the Appellate Assistant Commissioner was legally competent to set aside the assessment and direct the Income-tax Officer to make the assessment de novo 2. Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in holding that there was no link between the amounts declared by Teja Begum Nazir Ahmad and Javeed Ahmad on January 25, 1966, under Section 24(1) of the Finance (No. 2) Act, 1965, and the amount of Rs. 85,000 alleged to have been advanced by them to the assessee on September 6, 1965 ? 3. Whether, on the facts and in the circumstances of the case, the Tribunal has rightly upheld the impugned...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : [1979]117ITR137(J& K)
M.R.A. Ansari, C.J. 1. The assessee in this case is a registered firm of the name of Messrs. Fairdeal Motors, Srinagar, deriving income from the sale of trucks, scooters and motor spare parts. For the assessment year 1966-67, for which the relevant accounting year is the year ending December 31, 1965, the assessee filed his return declaring an income of Rs. 94,623. In this return, the assessee had not shown the income derived from the business of the transport of products of Messrs, Indian Oil Co. Ltd. from Pathankot to Srinagar and Sonamarg which was carried on in the name ofMessrs. New Bharat Transporters on the plea that the said business belonged to an association of persons and was not a branch of Messrs. Fair-deal Motors. In a letter dated March 14, 1968, addressed to the CIT the assessee agreed, inter alia; that the business carried on in the name of New Bharat Transporters may be treated as a branch of Messrs. Fairdeal Motors. In view of this letter the ITO included a sum of Rs...
Tag this Judgment!Court : Jammu and Kashmir
Mufti-Baha-Ud-Din, Ag. C.J.1. At the last general election to the Jammu and Kashmir Legislative Assembly held in July, 1977, the National Conference party was returned with a large majority. Those returned on the National Conference Ticket included S/Shri Malik Mohi-ud-Din. and Mian Bashir Ahmad. Thereafter, Shri Malik Mohi-ud-Din was elected as Speaker of the Assembly on 8-9-1977 and continued to discharge his duties as such till 11-10-1980 when he was removed from office following a 'No confidence motion' moved against him.2. On 30-6-1980, Shri Ghulam Mohi-ud-Din, Secretary of the National Conference Legislature party represented to the Speaker that Shri Mian Bashir Ahmad had voluntarily given up the membership of the National Conference party and joined the Cong-I and that thereby he had incurred disqualification under Section 24-G of the J. & K. Representation of the People Act, 1957 (shortly 'the Act') for being a member of the Legislative Assembly. He prayed that appropriate acti...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : AIR1998J& K37
Kawoosa, J. 1. This Letters Patent Appeal is directed against the judgment of learned single Judge passed on July 21st, 1995 in Writ Petition No. 2488/94. The petitioner, who is an illiterate girl of 16 years of age, filed the writ petition against the respondents seeking the indulgence of the writ Court under Article 226 of the Constitution of India for the direction to the respondents by way of writ of Mandamus to pay compensation of Rs. 4.50 lacs to the petitioner for committing negligence in maintaining the electric high tension line passing through the fields, including the small piece of Rice growing land belonging to the father of the petitioner. It is alleged that in the month of September, 1992, while the petitioner along with her father and some others were harvesting Rice crop in their field, petitioner suddenly came in contact with a high tension live electric wire which had fallen down from the Poles. This gave a severe shock in her arm causing serious burns. Petitioner fe...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : AIR2003J& K83,2003(1)JKJ35
V.K. Jhanji, J.1. The Reference to the Full Bench is ;'Whether the daughter of a permanent resident of the state of Jammu & Kashmir marrying a Non Permanent resident loses her status as a permanent resident of the State of Jammu & Kashmir, to hold , inherit and acquire immovable property in the state '2. In fact the loss or absence of status as a permanent resident of the state of Jammu & Kashmir disentitles a person not only in respect of acquisition of immovable property in the state, but also in respect of employment in the state and the right to scholarship and such other forms of aid as the State Government may provide. The issue, there fore, is :' Whether the daughter of a permanent resident of State of Jammu & Kashmir losses her status as a permanent resident of the state of Jammu & Kashmir on her marriage with a person, who is not a permanent resident of the State of Jammu & Kashmir '3. For proper understanding of the issue, it is expedient to notice the facts of each case, whi...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2004(3)JKJ66
S.K. Gupta, J.M/s Z.A. Shah, Advocate, along with Irfan Noor, Advocate; M/s A.V. Gupta, Senior Advocate, along with Y.E. Tak, Advocate; M/s D.C. Raina, Senior Advocate along with Dinesh Verma; M/s R.K. Gupta, S.K. Shukla, Rahul Pant, C.M. Gupta, Rishi Gupta, C.S. Gupta, W.S. Nargal, Rajesh Bhushan, B.S. Manhas along with D.S. Chouhan, Shakoor A. Malik, Gagan Basotra, Rajeev Saraf, Sunil Sethi, Kishore Kumar, F.A. Natnoo, Raghubir Singh, K.C. Sharma, D.K. Khajuria, Mrs. Radha Sharma, P.N. Raina along with Ms. Anshuja Sharma, H.H. Singh, R.P. Sapolia, Ajay Vaid, Hari Hartar Singh, C.S. Azad, Mrs. Surinder Kour, M/s Nitin Bhasin, H.C. Jhalmeria, M.R. Qureshi, K.S. Chib, Y.E. Tak, Advocates, for the Petitioners in their respective writ petitions. Mr. U.K. Jalali, Sr. Advocate, with Ms. Ruchi Bakhri, Advocate, and M/s Sunil Sethi, S.S. Jamwal, Ajay Singh Sahi, Surinder Singh, Advocates, for private-respondents/caveators, in their respective writ petitions. No. 289/2004, OWP No,290/2004, OWP...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2005(1)JKJ14
S.N. Jha, C.J.1. These two appeals arise from the same judgment and order of the learned Single Judge and, accordingly, they were heard together.2. The dispute relates to seniority between the appellants on the one side and private respondents on the other side. The private respondents, five in number, filed the connected writ petitions being SWP nos. 235 and 236 of 1983,1037 of 1985,1007 of 1985 and 1102 of 1986 for quashing certain orders by which appellant Muhammad Ashraf Shanthu and others were either promoted or temporarily posted on officiating basis as Chief Inspectors in the Department of Food and Supplies, impleading them as respondents. By the time the writ petitions came to be disposed of, the respondents, except Muhammad Ashraf Shanthu, had superannuated from service. Thus he alone preferred appeal, LPA No. 20 of 2003. The other appellant, Iftikhar Ahmad Banday, had not been made party / respondent. Feeling aggrieved by the findings recorded by the learned Single Judge impi...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2005(1)JKJ382
Y.P. Nargotra, J.1. The petitioners in this batch of writ petitions are calling in question the validity of selections and consequent recommendations for appointments made by the J&K; Public Service Commission, (hereinafter called the Commission), to the Government for the posts of Assistant Surgeons. Health & Medical Education Department of the J&K; State vide its No. HT(GAD)131/95 dated 11.12.2002 referred 31 posts of Assistant Surgeons to the Commission. Then vide another communication No. HD(GAD)131/95 dated 20.1.2003, Health & Medical Education Department referred 190 more posts of Assistant Surgeons to the Commission. Three posts of Assistant Surgeons in open merit category were already pending for selection with the Commission. Thus in all the Commission stood referred 224 posts as per the following break-up: ----------------------------------------------------------------------Open merit .. Three previousvacancies-----------------------------------------------------------------...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2005(3)JKJ270
Permod Kohli, J.1. Appellants in Letters Patent Appeal Nos. 15/2005; 16/2005; 24/2005; 29/2005; 30/2005 31/2005; and 36/2005; are the selectees for the post of Assistant Surgeons in the Health Department of the Jammu and Kashmir State. LPA (SW) No. 37/2005 has been preferred by the J&K; Public Service Commission.2. All these appeals are directed against judgment dated 23-12-2004 passed in batch of writ petitions whereby selection for the post of Assistant Surgeons made by the Public Service Commission on the requisition of Health and Medical Education Department has been set aside by the learned Single Judge.3. It is relevant to notice the resume of the facts as emerge from the impugned judgment and the pleadings of the parties before the writ court/us.4. 31 posts of Assistant Surgeons were referred to the J&K; Public Service Commission (hereinafter called the Commission) by the Health and Medical Education Department vide its requisition No. HT(GAD)131/95 dated 11-12-2002. This was fo...
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