Court : Jammu and Kashmir
Reported in : AIR2005J& K13,2005(1)JKJ536
S.N. Jha, C.J.1. The dispute in this letters patent appeal arising from a writ petition relates to the Canal Power House, Jammu. The Power House was handed over to the respondent. By the order impugned, the State Government decided to take over it. The respondents challenged the order by a writ petition. By the judgment and order under appeal the impugned order was quashed with a direction to the appellant to give effect to the earlier order. The State of Jammu and Kashmir and others have come in appeal.2. The case of the respondents shortly stated, is that pursuant to a policy decision of the State Government regarding setting up of small power project in Jammu and Kashmir through private entrepreneurship, on 4-7-2001, they came forward with a proposal to revive and modernize Canal Power House, Jammu, which was lying defunct for more than two decades. Earlier, outside agencies had not shown any interest in making investments in the State, and in the circumstances the Chief Minister ha...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : AIR2005J& K45,2004(3)JKJ443
Permod Kohli, J.1. Petitioners' land and structures have been acquired by adopting procedure prescribed under the provisions of Land Acquisition Act. Notice Under Section 4 and declaration Under Sections 6 and 7 of the Land Acquisition Act were issued. Award in terms of Section 11 of the Land Acquisition Act has also been passed. Petitioners total land measuring 11 marlas and 30 Sq. feet is subject matter of acquisition. Respondents also initiated proceedings Under Section 17 of the Land Acquisition Act on account of immediate need of land for widening of road from Denis Gate to Gujjar Nagar and New Tawi Bridge Gujjar Nagar to Deputy Commissioner's Office Jammu. Compensation of Rs 6,50,000/- and Rs 3,83,304/- for structures and land respectively has been assessed. Entry in this regard is existing in the draft award at serial No; 53/3. At the time of acquisition, petitioners' father was alive and all the documents indicate name of the father of petitioners' namely Sh. Abdul Rehman S/o S...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2004(3)JKJ10
S.N. Jha, C.J.1. A short but significant question of law- whether unauthorized absence of an employee beyond the period prescribed under the rules results in automatic cessation of employment - arises for consideration in this Letters Patent Appeal. The question is not res integra. However, in view of the stand taken on behalf of the State, we consider it appropriate to record a brief order clarifying position in law. 2. Facts of the case may be stated first. The appellant was initially appointed as an Orderly in the Forest Department. He was later promoted to the post of Forest Guard which post he claims to be holding on substantive basis at the relevant time. In December, 1991, he professedly proceeded on one month's leave. According to the appellant, he went on leave because his uncle had been killed by some unidentified assailants and he apprehended threat to his life. He stayed away from his job until 26th February, 2000 when he reported for duty. His joining was accepted by Range...
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 : 2004(2)JKJ322
R.C. Gandhi, J.1. The appellant in these appeals has challenged the order of Motor Accidents Claims Tribunal on common grounds. These appeals have been consolidated and are being disposed of by common order having involved common questions for adjudication.2. As a result of the accident the claimants filed their Claim Petitions before the respective Tribunals having the jurisdiction. The Tribunal awarded the compensation on appreciation of the evidence and the law relating to the facts of the cases. While awarding compensation to the claimants/victims, the Tribunal also allowed interest @ 9% and 12% in various Claim Petitions.3. The validity of the orders of the Tribunal have been questioned by the appellant on the ground that though the finding has been recorded by the Tribunal that the driver was not having valid driving licence and in presence of such findings the Tribunal was not right to make an observation and direct that the appellant may approach an appropriate forum for recove...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : II(2005)ACC261,2006ACJ709,2004(3)JKJ534
R.C. Gandhi, J.1. These appeals have been filed against the common judgment and award dated 29.10.2003 passed by the Motor Accident Claims Tribunal Leh/ Ladakh (hereinafter referred to as 'the Tribunal') in twenty claim petitions arising out of the same accident, wherein while allowing the claim petitions, compensation has been awarded to the claimants. The appeals have been consolidated and are being disposed of by this common order having involved common questions for adjudication.2. On 26.6.2001 an accident took place at Khardanglo Leh near Indian Gate. The vehicle involved in the accident was 42 seats passenger bus bearing No. JK01-A 7387. Respondent No. 4 Lob Zang Zangpo was driving the bus at the time of the accident. The owner of the bus is Tashi Rigzin, respondent No. 3. The vehicle involved in the accident was insured with the National Insurance Company, the appellant. The claim petitions were filed on the ground that accident was caused due to the rash and negligent driving o...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2005(3)JKJ323
Y.P. Nargotra, J.1.The Jammu and Kashmir Public Service Commission invited applications on the prescribed forms for two posts of Lecturers in Bio-Chemistry in the Health and Medical Education Department (one in open category and one in ST category) vide notification no. 4-PSC of 1998 dated 31st March, 1998. The petitioner being fully eligible for the said post applied and for which the other candidates also applied. The Public Service Commission completed the selection process and issued select list dated 21st October, 1999, in which one Subhiya Majid was placed at S. No. 1 against the open category. Petitioner being a candidate in open category was placed in the wait list. Consequently, recommendation for appointment of Mrs. Subhiya Majid was made by the Commission to the Government. On the recommendations of the Commission, Mrs. Subhiya Majid was appointed as lecturer in Bio-Chemistry in Government Medical College, Srinagar. As regards the other vacancy existing in the Scheduled Trib...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2005(1)JKJ42
S.N. Jha, C.J.1. These two appeals arising from the decisions of the State Consumers Protection Commission, Srinagar, involving identical dispute and common question of law were heard together and are disposed of by this common judgment. Before adverting to the dispute involved, the facts may, briefly, be noticed.2. In CIMA No. 104/2001, arising from complaint No. 23/2000 titled Irfan Sidiq Bhat v. Senior Divisional Manager, National Insurance Co. Ltd., the facts are that the complainant owned a Tata Sumo bearing registration no JK-01D-5147 of 1999 model. He got the vehicle insured with the National Insurance Co. Ltd.(in short the Insurance Company) and started running it as passenger taxi. On 7th September, 1999 the vehicle met with an accident at Bijbehara when it was blown up in a mine blast resulting in death of the driver Showkat Ahmad and two passengers on the spot and total loss of the vehicle. The complainant lodged an FIR and also raised claim for compensation. Elite Surveyors...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2004(3)JKJ247
V.K. Jhanji, J.1. Petitioner, a senior IAS Officer of 1970 batch presently holding the post of Financial Commissioner (Finance) in the pay grade of Chief Secretary in the State of Jammu and Kashmir, has filed this petition under Section 497A of the Criminal Procedure Code, 1989 (1933 A.D.) for grant of bail in anticipation of his arrest in a case registered under FIR No. 69 of 1999 with the Vigilance Organisation, Jammu, for the offences under Section 5(2) of the J&K; Prevention of Corruption Act, 2006 (1949 A.D.) read with Section 161 and Section 120B of the Ranbir Penal Code, 1989 (1932 A.D.)2. Earlier to filing of this petition, petitioner had filed an application for grant of bail in anticipation of his arrest before the court of Special Judge Anti Corruption, Jammu, who, vide detailed order dated 11.9.2004, dismissed the application and opined that this is an appropriate case where the petitioner should submit to custodial interrogation.3. Facts, relevant for disposal of the prese...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2005(3)JKJ452
Permod Kohli, J.1. Petitioners are students of Bachelor Degree Course of Computer Application (BCA) admitted to Sant Rocha Singh Degree College, Nanak Nagar, Jammu, which is one of the affiliated colleges to University of Jammu.2. All the petitioners could not qualify all the papers of 1st Year BCA and accordingly were placed in re-appear category in different subjects as per the details given in para 3 of the writ petition, wherein the roll numbers allotted to the petitioners have also been indicated. Consequent upon their failure in the subjects they were denied admission to 2nd year BCA course. All the petitioners claims to have applied for re-evaluation of the subjects in which they have been placed in the re-appear category as averred in the writ petition. The applications were submitted within the prescribed time and fee for the purpose already stand deposited. The University authorities have not permitted re-evaluation of the papers. Being denied the re-evaluation of the papers,...
Tag this Judgment!