Court : Jammu and Kashmir
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU SWP No. 326 OF2013Dr. Ashutosh Gupta and Others. Petitioners State and others Respondent !Mrs. Aruna Thakur, Advocate ^Mrs. Neeru Goswmi, Dy AG Honble Mr. Justice Bansi Lal Bhat-Judge Date:06. 08.2014 :JUDGMENT :1. Petitioners are senior faculty members in different disciplines in Government Medical College, (GMC) Jammu. Through the medium of instant petition they seek quashment of Government Order No. 43/HME of 2013 dated 17.01.2013 by virtue whereof private practice of Heads of the departments (HODs) in GMC, Associated Hospitals and Dental Colleges of the State has been banned.2. Petitioner-1 is Professor in the department of Radiation Oncology. Being the senior most faculty member in the aforesaid department, he has been given the charge of HOD. Petitioner-2 is the senior most Professor in department of Cardio Thoracic Surgery and has been given the charge of HOD. Petitioner-3 is Professor in the department of Surgery. Petitioner -4 is the se...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 1966CriLJ909
ORDERJ.N. Bhat, J.1. This is a reference dated 10.5.65 made by the Sessions Judge Srinagar with the recommendation that the criminal complaint lodged by the respondent against the petitioners be quashed.2. The facts that have given rise to this reference are as under. A civil suit for Rs. 19,900 was brought by Sewindra Singh Sethi manager and attorney of Bhagat Singh Sethi and Takht Singh Sethi, proprietors of Messrs Punjab Timber Traders, against the respondent in the court of the District Judge Srinagar on 30.12.64. Along with this suit Sewindra Singh put in an application supported by an affidavit for attachment before judgment and issue of a temporary injunction against the respondent. The District Judge was prima facie satisfied with the allegations in the application and the affidavit of S.S. Sethi and thereupon issued an attachment before judgment and a temporary injunction against the respondent. In pursuance of this order of the District Judge attachment was effected. It appea...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 1969CriLJ907
Jaswant Singh, J.1. These are three applications under Section 491 of the Code of Criminal Procedure and Section 104 of the State Constitution for issue of writs in the nature of Habeas Corpus directing the release from detention of the petitioners and shall be disposed of by this judgment as they raise common question.2. The facts relevant for the purpose of these applications are:-In petition No. 3 of 1968, the District Magistrate Jammu by his order dated 14-3-1967 passed under Rule 30(1)(b) of the Defence of India Rules read with Jammu and Kashmir Government Notification No. SRO-149 dated 23-4-1965 directed the detention of the petitioner in the Central Jail, Jammu with a view to preventing him from acting in any manner prejudicial to the defence of India, the public safety and the maintenance of public order. The petitioner continued to be detained under the Defence of India Rules as stated above, but on 3-1-1968, in view of the termination of the proclamation of emergency the Stat...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 1975CriLJ1957
ORDERD.D. Thakur, J.1. The petitioner who has been detained by the District Magistrate, Jammu, by his order No. 12 of 1974 dated 24-7-1974 under Section 3(2) read with Section 5 of the Maintenance of Internal Security Act, 1971, has by this petition under Section 103 of the Constitution of Jammu and Kashmir sought a writ of Habeas Corpus directing his release from detention.2. Precisely stated the facts which led to the filing of this petition are as follows ;-The petitioner was arrested on 25-7-1974 at New Plots, Jammu at 10 A. M. pursuant to the order of detention aforesaid passed by the District Magistrate, Jammu, At the time of his arrest the contents, of the detention order were read over and explained to the petitioner in the language he fully understood and his signatures were obtained by the Arresting Officer on the back of the detention order evidencing communication of the order to the petitioner. The petitioner has been detained in Central Jail Jammu. The grounds of detentio...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : AIR1980J& K16
Kotwal, J. 1. This appeal under the Letters Patent is directed against an order of a learned Judge of this Court, dismissing the appellant's writ petition, and upholding the order passed against him by the Estates Officer, evicting him from a public premises.2. Put briefly, the facts leading to this appeal are as follows :The petitioner is an A-Grade Physician Specialist in the Department of Health and Family Planning. While posted at SMGS Hospital, Jammu, he was allotted Government Hospital, Quarter No. 3, situate at Ajayib Ghar, Jammu, on 10th May, 1973. A post of Professor of Medicine having fallen vacant in the Govt. Medical College, Jammu, 7 candidates were interviewed by the Selection Committee constituted for the purpose, out of whom the appellant was also one. The appellant, according to the respondents, not having been selected for the post was transferred to Govt. Hospital, Gandhi Nagar, Jammu, and was also called upon to vacate the premises allotted to him which he was not e...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : AIR1980J& K34
Kotwal, J.1. Pursuant to a notice issued by its Principal on 30-5-1977, the petitioner along with some others applied for being admitted to M.B.B.S. Course in Govt. Medical College, Jammu, as according to him, he fulfilled all the qualifications for admission prescribed in the said notice. The selection was to be made in terms of Govt. Order No. 1898-GD of 1973, dated 9-7-1973, according to which, 50% of the total seats were to be filled upon the basis of open merit in accordance with the criteria to be adopted by the concerned Selection Committee constituted by the Government for the purpose. The petitioner sought admision in this category, but was rejected, even though according to him, he was far superior to respondents 3 to 11 in merit, who were granted admission by the Selection Committee. He has, on a number of grounds, prayed for a twofold relief : one, that the selection of respondents 3 to 11 be quashed, and two, that he be admitted to the said course. It is not necessary to s...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : [1982]49STC1(NULL)
I.K. Kotwal, J.1. This judgment will dispose of Writ Petitions Nos. 286, 343, 250, 341, 342, 337, 362, 363, 332 and 283 of 1980 and Writ Petition No. 77 of 1981, the decision whereof turns upon the constitutional validity of the Jammu and Kashmir Hotel (Amenities and Services) Tariff Taxation Act, 1980, hereinafter to be referred to as the Act.2. By enacting the Act, the State of Jammu and Kashmir, respondent No. 1 herein, seeks to impose tax on amenities and services provided to customers, resident or casual, by a hotel-keeper. This tax, in terms of Section 3, which is the charging section, is to be charged on the basis of tariff at the rates specified in the schedule to the Act. Sub-section (2) of Section 3 makes provision for exemption in favour of the Government and certain banks and institutions. Tariff has been denned by Clause (u) of Section 2 to mean 'rent or other charges, by whatever name called, received or receivable by the hotel-keeper in consideration of amenities and ser...
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 : AIR1983J& K19
ORDERI.K. Kotwal, J.1. By virtue of this writ petition, the petitioners seek to challenge notification dated 28-10-1981, issued by the University of Jammu, imposing punishment of cancelling their B. A. final examination for the year 1981 in all the papers and further disqualifying them from appearing in and passing any University examination for a period of one year. They have also challenged notice dated 4-6-1981, calling upon them to submit their explanation to the charge and to appear before the Sub-Committee/ Competent Authority constituted for the purpose of holding an enquiry into the aforesaid charge.2. Briefly stated, the petitioners' case is : that they were students of M. A. M. College, Jammu, and had appeared in B. A. (final) examination in the year 1981, their examination centre being M. A. M. College itself. On 1-6-1981 a general but peaceful walk out was staged by the examinees of the M. A. M. College centre, the reason being that the General English Paper (B) had been se...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : AIR1985J& K74
ORDERMazhar Ali Shah, J.1. The petitioner after getting his medical training from Banaras Hindu University in an intergrated course of Medical Science, Banaras University got conferred upon him the degree of Ayurvedacharya with Modern Medicine and Surgery in the year 1948, copy of the certificate is enclosed with the petition as Annexure 'A' issued on Dec. 2, 1948. The petitioner was selected as Assistant Professor of Psychology in the government Ayurvedic College, Jammu, from which he retired. In the course of his professional duties, the petitioner has been adopting both the Allopathic as well as also the Ayurvedic system of medical care for individual to individual depending upon the nature of illness. It is further submitted while the petition was filed, the petitioner was running his clinic at Muthi, Tehsil Jammu after his retirement as Assistant Professor. The petitioner was working in Ayurvedic College, at Jammu which is affiliated to the University of Jammu, SMGS Hospital Jammu...
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