Court : Jammu and Kashmir
Reported in : AIR1998J& K1
Gandhi, J.1. These two Letters Patent Appeals are directed against the judgment and order dated 14-3-97 passed by the learned Single Judge whereby Writ Petition Nos. 64,27,72 and 59 of 1997 have been dismissed.2. A few facts nceessary for disposal of the appeals are that the appellants in LPA No. 187/97 arc the private institutes approved by the All India Council for Technical Education and affiliated with the J&K; State Board of Technical Education for imparting Technical Education in various Technical courses for a duration of 2 years and 3 years and have at their roll about 3000 students. The managements of these institutions till the year 1993 were making admissions to the courses available in the institutes for imparting technical education. In the year 1993 on 4-2-1993, the Hon'ble Supreme Court in case titled J. P. Uni Krishanan v. State of A. P. (AIR 1993 SC 2178) laid down a scheme for imparting education by the professional colleges in Medical and Engineering Courses and the ...
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 : 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 : 1998CriLJ4654
ORDERSyed Bashir-Ud-Din, J.1. The detention of Mir Abdullah on 28-7-97 under orders of District Magistrate Pulwama for a period of 24 months with a view to prevent him from acting in a manner prejudicial to the security of the State (Annexure A) is challenged on following grounds :-2. That the detenu has not been furnished order of detention, copy of FIR or the dossier and thereby he has been prevented from making an effective representation to the Government. The detaining authority has not applied its mind to the case and proper subjective satisfaction as envisages by the provisions of Public Safety Act has not been drawn. The detenu though, facing trial in regular case FIR No. 105/97 has been still held without any explanation in preventive custody. The petitioner's case has not been referred to the Advisory Board and the order of detention has not been confirmed within time.3. Respondents through one Dr. A.B. Sofi under Secretary to the Home Deptt. has filed counter. The detention ...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : AIR1999J& K77
ORDERN.A. Kakru, J.1. The petitioners came to be admitted to the Acharya Shri Chandra College of Medical Science and Hospital, Sidra, Jammu to the MBBS Course in the year 1997. The selection and admission of the petitioners is not at issue, but the controversy centres round the fee structure. The respondent No. 1 has determined the fee chargeable by private medical colleges in the state by Government Order No. 955-HME of 1997 dated 28-10-1997 forming Annexure (D) to the writ petition and by way of clarification, a communication bearing No. ME-GM-190/96 dated 30-3-1998 was issued which reiterates the Government order, consequent upon which, the respondent No. 3 has issued a notice bearing No. ADCOMS/Adm/DA/N/54 dated 31-3-1998 requiring the students of the college to deposit the fee as fixed by the Government and through the medium of this writ petition, petitioners have challenged the above referred Govt. order, communication of the Government besides notice of respondent No; 3, which ...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2000CriLJ306
ORDERO.P. Sharma, J. 1. The first two petitioners are husband and wife whereas the 3rd petitioner according to the petitioners is business partner of the 2nd petitioner. They have moved the petition for quashing FIR No. 43/ 96 registered in Police Station Vigilance, Jammu and Govt. order dated 7-8-97 according sanction to the prosecution under Section 5(2) of Prevention of Corruption Act read with Sections 109, 120-B and 200 RPC, and Sections 12 and 14 of J & K Public Servant Declaration of Assets Act, 1983 against the first petitioner.2. The grounds of challenge are (i) that the petitioners were not given any opportunity to explain that the total assets possessed by him are not disproportionate to the known sources of the income, (ii) that the FIR No. 43/96 does not disclose the commission of offence and (iii) that the sanction to the prosecution has been accorded without application of mind.3. Mr. Beigh, learned Senior Advocate appearing for the petitioners argued that the Investigat...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : AIR1999J& K74
ORDERG.D. Sharma, J.1. This writ petition was filed by thirteen petitioners but during its pendency twelve of them have withdrawn from the contest leaving petitioner No. 2 (Ghulam Hassan Dar) as sole contesting petitioner. RespondentNo. 1 istheJ& K State Forest Corporation-a commercial organisation which has been entrusted with the responsibility of extraction of timber in accordance with the national forest policy aimed at maintaining the environmental stability and ecological balance. The extracted timber from the forests is sold to the bona fide customers in accordance with the sale policy which is adopted from time to time by its managing body known as Board of Directors respondent Nos. 2 and 3 are the functionaries of the Corporation.2. Policy decision No. 260 of 1987 dated: 11-11-1987 is the genesis of the present dispute(Annexure-A). Pursuant to this policy, the sale of timber of different varieties was to be affected to the different categories of the consumers including native...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 1999CriLJ2169
ORDERSyed Bashir-Ud-Din, J.1. Order of February 18, 1998 of Judicial Magistrate Bandipora, in 488, Cr.P.C. proceedings file (miscellaneous) of 1989 on the file of Bandipora Judicial Magistrate's Court, awarding maintenance of Rs. 250/- to Mst. Zia Bequm and Rs. 300/- to Farooq Ahmad S/o; AH Mohmmad Bhat from 29-8-1989 (date of filing of application), is impugned in this revision.2. Mst. Zia Bequm on her behalf and on behalf of her son Farooq Ahmad Bhat, filed an application for maintenance before Judicial Magistrate Bandipora on 29-8-89, on the ground that her husband AH Mohmmad Bhat and father of Farooq Ahmad Bhat, has turned out both mother and son from her matrimonial home after said AH Mohd Bhat brought his first wife Mst. Sara to his house. Mst Zia Begum is not being paid maintenance although.3. After the process for maintenance proceedings were initiated by the Magistrate, it appears that though the non-applicant AH Mohmmad failed to appear during the period from 20-12-89 to 12-2...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : AIR2000J& K61
Bhawani Singh, C.J. 1. We propose to dispose of this group of three cases (L. P. A. (W) Nos. 610/99 -- University of Jammu v. Moh'd Akram, LPA(W) No. 614/99 -- University of Jammu v. Janaid Hussain; and LPA(W) No. 615/99 -- University of Jammu v. Moh'd Rayasat) by this judgment since they raise common question for consideration and decision.2. Petitioners filed writ petition in this Court against the respondents seeking admission in disciplines of Law and Geography. In the brochure published by the University of Jammu, 9% seats were reserved for ST candidates including Gujjar, Bakarwal, Gaddl, Sippi and those belonging to backward areas of Leh and Kargil, This part of brochure is quoted below :'(vi) Scheduled Tribes Gujjar, Bakarwal,Gaddi, Sippi and those belonging to backward areas of Leh and Kargil (at least one seat in the course/programme of study will be provided out of this category to candidates belonging to Leh/Kargil even if the candidate belongs to the Second preference categ...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2000CriLJ1270
G.L. Raina, J.1. One cannot pretend to be oblivious to the unprecedented and un-exceptional turbulance that came to prevail in the State of J. & K. since the begining of the current decade of this last millennium. The mayhem created by the elements, local as also the mercenaries, traumatised the society. The rule of law yielded to the gun and bullet. No one could stand up against the dictates of the militants and the terrorists who held the society as hostage to subvert the social order and the security of the State. The aim and object of the militants - instigated, incited, abetted, trained and armed by the external elements, supported by the local black-sheep - has been to cause cecession (cessation) of the State of J. & K. from the Union of India. The ordinary laws failed in the abovesaid situation to arrest the worsening security scenario. In order to prevent the situation from going completely out of hands and in order to prevent the militants, their harbourers and sympathisers fr...
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