Court : Jammu and Kashmir
Reported in : 2004(2)JKJ77
Premod Kohli, J.1. Petitioners in these two petitions are accused in FIR No. 34 of 1999 and are facing trial in Challan No. 31 of 2002 for offence under Section 5(2) of Prevention of Corruption Act read with Section 161 and 120B RPC. The legality and validity of Order dated 19.2.2003 framing charge against the accused persons and putting them to trial, has been questioned in the present proceedings. Petitioner in Petition No. 56/2003 was a teacher in the Education Department and came to be adjusted in Adult Education, District Jammu on migration from Kashmir Valley during the year 1991. Subsequently, he was posted in Relief Organisation in the year 1999. Petitioner in Petition No. 46/2003 was serving as Zonal Officer in the Relief Organisation in the year 1999. They were entrusted the job of releasing ration and other relief to the migrants. One Kuldip Kapoor lodged complaint with the Vigilance Organisation alleging therein that he was getting relief and ration from the Relief Departme...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2004(2)JKJ232
Permod Kohli, J.1. Petitioner a student of Class- 12th (Commerce) of K.C. Public School, an Educational Society being denied the admission to final examination of Class-12th to be conducted by the Central Board of Secondary Education (CBSE), has invoked writ jurisdiction of this court for a direction in the nature of mandamus to the respondents to issue admit card to the petitioner for appearance in Class-12th annual examination scheduled to be held in March, 2004. The claim of the petitioner is to be examined in the background of the factual averments made in the pleadings of the parties. Petitioner is a student of K.C. Public School, an Educational Society registered under the Societies Registration Act. He was admitted to Class-Xth in the year 2001& on being promoted, became the student of Class -XIIth (Commerce Stream). According to the petitioner, he was a regular student of the school and filled up his examination form for the final Class XIIth examination in the month of October...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2004(3)JKJ239
V.K. Jhanji, J.1. In the recruitment drive by the Central Reserve Police Force (hereinafter referred to as the CRPF), petitioner came to be selected on 3.5.2002 against an existing vacancy of Safai Karamchari under GC CRPF, Jammu, and came to be allotted No. 025071186. Thereafter, vide order dated 3.4.2003 issued by Additional Deputy Inspector General of Police CRPF, Jammu, services of the petitioner, in pursuance of Rule 5(1) of the Central Civil Services (Temporary Service) Rules, 1965, came to be terminated with effect from the date of expiry of a period of one month from the date of service of the notice. Aggrieved by the aforesaid order of termination, petitioner availed the statutory remedy by filing an appeal before the Inspector General CRPF for setting aside order dated 3.4.2003, but the appellate authority did not take any contrary view and vide order dated 4.7.2003, rejected the appeal. Petitioner has challenged both the aforesaid orders dated 3.4.2003 and 4.7.2003 in the pr...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2004(2)JKJ435
S.K. Gupta, J.1. Through the currency of this petition, parents of the deceased Param Jit Singh has sought a direction to the respondents for payment of compensation Rs. 5/-lacs on account of death of their son who got electrocuted because of negligence of the electricity department, by issuance a writ of mandamus under Article 226 of the Constitution of India read with Section 103 of the Constitution of J&K.; The case of the petitioners as projected in the writ petition is that their son aged 20 years was electrocuted on 21st of June, 1999 at 8.30 PM at Indra Nagar, Miran Sahib. Son of the petitioners had got electrocuted because of over hanging high tension wire by respondents 3 to 6 who did not care to check, which resulted in, the live high tension wire hanging from the pole touching the ground and thereby exposing human life. It is further stated that the death of Param Jit Singh has been caused by negligence of the respondents particularly respondents 3 to 6 on 21st June, 1999 on...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2005CriLJ277
ORDERS.K. Gupta, J.1. By means of this petition under Section 561-A, Cr. P.C. petitioner seeks quashing of complaint dated 27-4-2003, filed by the respondent under Section 138 of Negotiable Instruments Act and also the order of Judicial Magistrate (Sub Judge) Jammu dated 9-6-2003 by virtue of which the petitioner has been summoned to stand trial under the aforesaid offence.2. It appears that Tawi Educational Trust, through its Manning Trustee Vidhi S. Singh, preferred a complaint under Section 138 of Negotiable Instruments Act, before the Judicial Magistrate (Sub Judge) Jammu, averring that land measuring 100 Kanals approximately was required for establishing its one of the Institutes and the accused, being a property dealer, was approached to provide and arrange the land. It is further stated that an amount of Rs. 11 lacs (Rupees one lac in cash and rupees ten lacs through cheque No. 321107 dated 4-10-2002), was paid by the complainant to the petitioner accused, on demand, as approxim...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2004(3)JKJ664
Y.P. Nargotra, J.1. Through this writ petition filed Under Section 103 of the Constitution of Jammu and Kashmir, petitioner Krishan Lal is seeking issuance of a command directing the respondents to settle and decide the claim of petitioner No. 2 for appointment in Education Department as a Teacher or against any other suitable post, in lieu of the land measuring 4 kanals and 2 marlas, which was taken by the respondents for construction of school and ground, from the petitioner namely Krishan Lal.2. The case of the petitioner is that in the year 1989 respondents asked the petitioner No. 1 Krishan Lal to provide his ancestral land to the respondents for construction of school building and a ground at village Mangalai Tehsil Noushera, District Rajouri by holding out a promise that in lieu of the land employment would be provided to one of the members of his family in education department. Acting on the promise, petitioner No. 1 handed over the possession of the land measuring 2 kanals and...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2004(3)JKJ636
S.K. Gupta, J.1. This criminal reference arises out of proceedings Under Section 488 read with section 489 of the Code of Criminal Procedure.2. It appears that on an application made by Smt. Surjeet Kour, on her behalf and on behalf of her minor children, claiming maintenance allowance Under Section 488 Cr.P.C., the learned Judicial Magistrate 1st Class, R. S. Pura, after hearing the parties, awarded an amount of Rs. 550/- p.m. as maintenance allowance in favour of the petitioners.3. In view of un-precedent escalation in prices and standard of living, the petitioner Surjeet Kour, approached the Munsiff, Judicial Magistrate, R. S. Pura, by making a motion Under Section 489 Cr.P.C. on 08/12/2000 seeking enhancement of the maintenance allowance granted in their favour. Surjeet Kour, further contended that the daughter of the respondent, living with her, is studying in B.A. Part-II and the maintenance allowance already granted Under Section 488 Cr. P. C. has become insufficient to pursue t...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2004(2)JKJ340
Nisar Ahmad Kakru, J.1. Learned counsel for the petitioner seeks withdrawal of the writ petition. I am inclined to concede to the prayer but before allowing it I Would like to deal with the contempt petition No. 130/2002. It is seen that the ad interim direction dated 02-08-2001 required the respondents to consider the petitioner subject to her eligibility. Learned Counsel for the respondents has produced a copy of the order bearing No. 446 DDC of 2003 dated 04-03-2003 which is taken on record. Its perusal reveals that the petitioner was offered appointment on 04-03-2003 and same has been, acted upon, that is why petitioner seeks withdrawal of writ petition and contempt petition. It is not that easy going for the petitioner because when the contempt petition had come up before the court on 15-04-2004 the fact of compliance of the order was not brought to the notice of the Court and it is the suppression of such important fact that prompted the court to resort to coercive mode against t...
Tag this Judgment!Court : Jammu and Kashmir
V.K. Jhanji, J.1. This petition has been filed by the Sher-i-Kashmir National Medical Institute Trust (hereinafter referred to as the petitioner-Trust), a public charitable trust, created vide registered deed on 19th May, 1973, through its Vice Chairman, Dr. Muhammad Ali Matoo, challenging Government Order No.820-HME of 2003 dated 22nd July, 2003 issued pursuant to Cabinet Decision No.119/Cir dated 22nd July, 2003, under the signatures of Secretary to Government, Health and Medical Education Department, Jammu and Kashmir. By virtue of the aforesaid order, the Government has accorded sanction to the:1) revocation of Government Order No.214-ME of 1976 dated 27.08.1976 and Government order No. Rev (NDK) 90 of 1978 dated 19.04.1978 and taking over the possession of the property and land etc. referred to in the said Government orders;2) taking over the possession and management of Kashmir Nursing Home, Gupkar Road, Srinagar;3) taking over the full management of the affairs of Sher-i-Kashmir...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2004CriLJ4341,II(2005)DMC607,2005(2)JKJ140
S.K. Gupta, J.1. Solely relying upon the dying declaration of Smt. Sushma Devi for abetting the commission of suicide and oral testimony of the witnesses to whom she narrated woeful tale of her being subjected to cruelty by the accused, Dharmej Singh, her husband, the trial Court held the appellant-accused guilty and convicted and sentenced, him to undergo 10 years rigorous imprisonment and a fine of Rs. 500/- in proof of offence Under Section 306, RPC and 3 years rigorous imprisonment and a fine of Rs. 300/- under Section 498A, RPC and in case of non-payment of fine, the appellant was to suffer further three months rigorous imprisonment each in both the offences, however, on both the counts, the sentences have to run concurrently, vide judgment and order dated 25/26-7-1995, impugned herein.2. A skeleton projection of the case may be noticed:On receipt of information that one Sushma Devi, wife of appellant-accused, has been brought to the Hospital with burn injuries on 7-11-1992 at 12....
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