Court : Jammu and Kashmir
Reported in : 2003(1)JKJ414
Muzaffar Jan, J.1. This revision petition has been directed against judgement and order dated 28th Aug, 1993 passed by IV Additional District Judge, Srinagar in Appeal No 11 of 22.11.1989 dismissing the appeal as time barred. Some relevant basisfacts may be noted.2. Record reveals that the respondents No. 1 (Plaintiff) filed a suit for declaration and injunction with the prayer that the Chairman, Jammu and Kashmir Board of Secondary Educations, be directed to record his date of birth as 25th Chet, 2007 which corresponds to 7th April, 1951 in the Board record instead of 7.9.1949 as reflected in his Matriculation certificate and consequently to issue a fresh Matriculation certificate in his favour. The suit was decreed by learned city Munisff, Srinagar vide Judgement and order dated 9.5.1989 in ex-parte. The appeal filed against the judgement and order of the learned City Munisff. Srinagar dated 9.5.1989 was dismissed in IV Additional District Judge, Srinagar on the ground of delay in fi...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : AIR2002J& K127,2003(2)JKJ535
T.S. Doabia, J.1. Admitted.Petitioners in this petition are the licencees which licences have been issued to them under the Drugs and Cosmetics Act, 1940 and Drugs and Cosmetics Rules, 1945. They want to participate in the process of tender issued by the respondent State. They are not being permitted to do so. There is a condition in the tender notice that a person wanting to take part in this process must possess a Good Manufacturing Practice (WHO-GMP) certificate. Petitioners do not possess this certificate and as indicated above, they are not being allowed to participate in the tender process. According to the petitioners it is not necessary to have this certificate. It is this condition (condition No. 2), which is the subject-matter of challenge in this petition. It would be apt to notice this condition. This is being reproduced below;-'Firms should be registered with the Director General of Quality Assurance (DGQA) Ministry of Defence, Government of India for manufacture and suppl...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2003(1)JKJ509
Muzaffar Jan, J. 1. Number of writ petition were submitted challenging the order of respondent No. 1, cancelling the State Government Order No: 951-HME of 2001 dated 01.03.2001 and communication No: U-12012/23/ 90-ME(P) dated 26/28-2-2001 of the Central Government.2. As it was felt that important question of law and public importance are involved, which require determination by a larger Bench, the writ petitions were referred, under the directions of Lord Chief Justice, to this Division Bench for adjudication.3. In order to understand to controversy, facts which are identical and almost similar in all the writ petitions are reflected from OWP No: 366 of 2001.4. Record reveals that state Government had established two Medical Colleges, one at Srinagar and the other at Jammu. In the year 1988-89 Jehlum Valley College of Medical Sciences (hereinafter JVCMS) in the private sector was started at Srinagar and almost on same footings another Medical College, also in the private sector was est...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2003(2)JKJ585
Syed Bashir-ud-Din, J. 1. All the four petitioners figuring as wait list candidates for appointment in Education Department as Class IV employes on the list drawn in July, 1993 by the Board with District Development Commissioner, as its Chairman for Baramulla District. The Board (s) was constituted to fill up inter alia categories of Class IV vacancies pursuant to Government Order No. 461-GR of 1990 dated 16.4.1990. The names of the three writ petitioners on the wait list were forwarded by District Recruitment Board Baramulla to Principal Government Higher Secondary School (Boys) Sopore for appointment in the school as also allegedly in catchment area of the school and on that ground the case of petitioner in SWP No. 1656/93 was forwarded to Head-Master Govt. High School Boys Hardshiva a for adjustment against the available post. However Commissioner-cum-Secretary to Government Education in its communication dated 26.7.1993 (Annexure P4) issued directions stopping appointments against ...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2003(1)JKJ552
V.K. Jhanii, J.1. This letters Patent Appeal is directed against order dated 12-04-2002 passed by the learned Single Judge, whereby the writ petition filed by the appellant for quashing the order terminating her services has been dismissed and consequent thereof order dated 26-07-2001 terminating the services of the appellant has been up held.2. In brief the facts are that for the post of Technical Assistant (Home Science) minimum qualification was M.Sc. (Home Science) but vide Sher-e- Kashmir University of Agricultural Science & Technology's (S.K.A.U.S.T.) order No. 322 of 1994 dated 06-05-1994 the appellant, namely Poonam Parihar, who was only B.Sc. (Home Science) was appointed as Technical Assistant (Home Science) on adhoc basis for a period of threemonths on a consolidated pay of Rs. 1740/ without allowances . As a consequence of appointment she was posted at Krishi Vigyan Kendra (K.V.K.) R.S.Pura, Jammu.3. On the expiry of three months vide order dated 03-09-1994 adhoc contractual...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2003(1)JKJ94
V.K Jhanji, J.1. This appeal by the state is directed against order dated 30.04.2001 passed by the learned Single Judge, whereby state has been directed to grant the same relief to the writ petitioners as was granted to the writ petitioner in SWP No. 519/87. 2. In brief the facts are that one Hamidullah Dar, who had been enrolled in the police Department as a constable in the year 1978, possessing Masters, Degree (Previous) from Kashmir University applied for the post of Sub Inspector in relaxation of recruitment rules. He at that time was posted in the Office of Director General of Police J&K;, Jammu, On receipt of his application, DIGP for Director General of Police, J&K; recommended that sanction be granted to the appointment of Hamidullah Dar, Constable as Sub Inspector of Police in relaxation of recruitment rules. Government vide order dated 1.4.1897 granted sanction to the appointment of Hamidullah Dar as Sub Inspector of Police against direct quota vacancy in relaxation of recru...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2005ACJ1389,2003(2)JKJ113
Tejinder Singh Doabia, J.1. Ashok Kumar Malik, a Science Graduate from D.A.V. College, Amritsar, Guru Nanak Dev University and who had also obtained a Diploma in Textile Chemistry from Punjab State Board of Technical Education in Ist Division, met with an accident on 4.6.1985. He died. He left behind his widow and an infant child and parents, who had crossed the age of fifty. The deceased was going on a motor -cycle bearing registration No. JKR 259, when he was near Tawi Bridge he was hit by an Army Truck No. 75-D 19212/W. The death appeared to be instant. When the claim petition was preferred the plea taken was that the offending vehicle was being driven rashly and negligently. Compensation was accordingly claimed. With a view to sustain the claim regarding the compensation, it was pleaded that the aforermentioned Science Graduate with a Diploma in Textile Chemistry was carrying on his business of cloth merchant. This was from a shop located in Jammu. His income was put across at Rs. ...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2003(2)JKJ110
B.C. Patel, Chief Justice 1. The State Government has preferred this appeal against the order passed in CMP No. 2086/2002 on 29.08.2002. Ordinarily, while passing an order staying the operation of the order under challenge, the Court is not required to give reasons. In the instant case, learned Single Judge on 29-08-2002, in SWP No. 2281/2002, made an order in CMP No. 2086/2002, by directing that the present status of respondent as Director, Indian System of Medicines, shall not be altered. The learned Single Judge disposed of the CMP finally on the same day without issuing the notice to the appellant.2. The grievance made by the State-appellant is that no notice was issued in the CMP. It is further submitted on behalf of the State, that if an ad-interim order was made and after hearing the State, the order was made, the matter would have been different. It is contended that without hearing the State, the application could not have been disposed of. The Apex Court has pointed out on nu...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2003(1)JKJ599
S.K. Gupta, J. 1. The dominating position acquired by the public and private enterprises providing goods and services of any description made available to the potential users, and the blind race for earning money by fair or foul means led to the consumer exploitation in India. Not only illiterate but educated consumers knew well that they were being exploited, yet they were tolerating it because of expensive and time-consuming procedural delays in instituting cases for damages in the Civil Court. Recognizing theneed of the hour, Parliament enacted Consumer Protection Act, 1986, which is a land-mark in the history of socio-economic legislation, a 'mag'na carta' in the field of consumer protection for checking the unfair trade practices and deficiency in relation to goods and services. The provisions of the Act are in addition to and not in derogation of the provisions of any other law for the time being in force. This envisages a complaint containning allegation about the defects in the...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2003(2)JKJ318
R.C. Gandhi, J.1. Petitioner seeks to quash Order No. Estab/02/7692 dated 9.11.2002 and Order No. Estab/02/8322 dated 30.11.2002 whereby two representations of the petitioner have been rejected and also Advertisement Notice No. Adm., TW.2002/10461-560 dated 1.6.2002 whereby the post of Assistant Registrar has been advertised by the respondent-University for selection of suitable candidates. The petitioner is working as Head Assistant in the University. He is P.hd. in Urdu. He has secured 55.25 marks in M.A Urdu. He applied to the University against Advertisement Notice seeking selection to the post of Assistant Registrar. The University-Respondent has rejected the application of the petitioner vide impugned order dated 1.6.2002 on the ground that the petitioner is not eligible to seek selection being bereft of the eligibility criteria. 2. The petitioner has challenged the impugned order on the ground that the petitioner being in service candidate is eligible to the relaxation of qualif...
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