Court : Jammu and Kashmir
Reported in : 2006(2)JKJ146
Permod Kohli, J.1. We are called upon to answer this reference viz 'Whether the Jammu and Kashmir Bank Ltd' (hereinafter to be referred to as the 'Bank') is a 'State' or 'Authority' or an 'Instrumentality' or 'Agency' of the State within the meaning of Article 12 of the Constitution of India arid amenable to writ jurisdiction of this Court.2. It would be convenient to make a brief reference to the back-ground which led to this reference before us afresh. In a petition filed by petitioner Firdous Ahmed Tanki, an employee of the respondent-Bank, a learned Single Judge of this Court referred the matter to Full Bench vide order dated 6-5-1992 for answering the question referred to hereinabove. On receipt of this reference, the then Chief Justice vide his order dated 20-10-1992 referred the matter for consideration of the Full Bench. The matter accordingly came to be considered by the Full Bench on 2-11-1992. The Full Bench noticed an earlier judgment of this Court dated 9-12-1994 passed in...
Tag this Judgment!Court : Jammu and Kashmir
Tejinder Singh Doabia, J. 1. The levy of additional toll tax Re. 0.60 paise per kilogram on dry fruits including almonds, walnuts and walnut kernels, to be exported out of the State of Jammu and Kashmir through the barriers located at Lakhanpur, Jammu Railway Station, Manwal and other toll posts, as may be notified by the State Government, from time to time, is the subject-matter, of challenge in a group of writ petitions listed before this Bench. A challenge is also being made to another notification issued by the State Government under Section 5 of the Jammu and Kashmir General Sales Tax Act of 1962. By this notification, the sales tax is sought to be levied on a turnover to be determined by weight, i.e., Rs. 0.60 per kg. on dry fruits including almonds, walnuts and walnut kernels for a limited period from 1st May, 1982 to 19th August, 1982. In the alternative, it is urged that even if the levy of toll tax is held to be valid, even then, this additional toll tax is not payable by the...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 1997CriLJ719
M. Ramakrishna, C.J.1. This letters patent appeal is directed against the order made by a learned single Judge in OWP No. 745/1995, by which the learned single Judge by an order made on 24-4-1996 held.The writ petition would accordingly survive and proceed and it would be for the parties to seek its disposal on merits on the motion hearing Stage or alternatively to argue for its formal admission to hearing. Additional Registrar to post the writ petition immediately after vacations for appropriate orders. This goes to show that the appellant, Union of India and its (Legal Cell) having raised certain preliminary objections regarding maintainability of the writ petition, as on the date the writ petition was presented before this Court, the learned single Judge having heard learned counsel on both the sides held as above, providing detailed reasons for doing so. 2. It is seen by a perusal of the interlocutory order made by the learned single Judge in the writ petition, that when the writ p...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2005(2)JKJ5
S.N. Jha, C.J.1. The dispute in this writ petition relates to competence of the Government of Jammu and Kashmir to levy electricity duty on generation of electric energy in exercise of power under Section 3(1) of the Jammu and Kashmir Electricity (Duty) Act, 1963, which is sought to be done by notification, SRO 141 dated 21st April, 1999. The petitioner seeks quashing of the said notification and demands made thereunder, and writ in the nature of prohibition restraining the State of Jammu and Kashmir from imposing any tax/levy/cess/duty on generation in the hydel power projects of the petitioner-company located in the State.2. The petition was filed principally against the State of Jammu and Kashmir and its officials. The Union of India, the Government of NCT, Delhi and States of Haryana, Himachal Pradesh, Rajasthan, Uttar Pradesh, Punjab and Chandigarh Administration, being beneficiaries of the electricity produced in the hydel power projects of the petitioner-corporation in the State...
Tag this Judgment!Court : Jammu and Kashmir
Y.P. Nargotra, J.1. Government Order No. 209(Hyd)of 2003 dated 10.12.2003 one Anil Kumar Sharma,Junior Engineer, was transferred to PWD Nyoma(Leh). Said order has however been modified by Govt. order No.317 PW(Hyd) of 2004 dated 13,8,2004 whereby said Anil Kumar Sharma ha! s been posted to PHE Jammu and the petitioner, Rajeev Soi, Junior Engineer, has been transferred to Nyoma(Leh). The petitioner has questioned his transfer through the present writ petition on the ground that the Government had not implemented the order of transfer of said Anil Kumar Sharma because the same, in his opinion, might have been found to be in violation of Government policy relating to transfers for Ladakh region envisaged by Govt. order No.LA(A)25/89 dated 31.3.1989. The case of the petitioner is that under the said policy the petitioner also could not have been transferred to Leh, therefore the order impugned merits to be quashed. Learned counsel for the petitioner submits that clause (iii) of the policy ...
Tag this Judgment!Court : Jammu and Kashmir
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU. LPAOW No. 29 OF 201.J&K Board of Professional Entrance Examination Petitioners Faiza choudhary and anr Respondent !Mr. Gagan Basotra, AAG ^Mr. S. K. Shukla, Advocate Honble Mr. Justice Virender Singh, Judge Honble Mr. Justice Muzaffar Hussain Attar, Judge Date:04. 07.2012 : : Muzaffar Hussain Attar A Statutory authority has been created under the J&K Board of Professional Entrance Examination Act, 2002 ( for short BOPEE) which has been charged with duty to make selections of the meritorious candidates for undergoing graduate/post graduate professional courses in various colleges of the State of J&K. The Statutory authority is conducting common entrance test for selecting meritorious candidates for undergoing training courses in various professional colleges in the State of J&K. The candidates are not only toiling day and night, 2 but also literally burning the candle on both ends to secure a berth in a professional college. Ever...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 1992ACJ28
R.P. Sethi, J.1. The plaintiff, a young boy of about 17/18 years studying in 10th class was electrocuted in village Aizam-a-bad (Mandi), Tehsil Haveli of District Poonch and prays for the recovery of Rs. 3,00,000 on account of damages suffered. It is submitted by the plaintiff that on 5.6.1987, when he went to his field for digging maize crop which was sown by his father, he received severe electric shock from the pole installed by the Electricity Department of the defendant State. It is submitted that the officers of the defendant had not taken proper precautions of all the safety measures as a result of which the occurrence took place and in consequence of which the plaintiff was injured who fell unconscious and was rushed to the Government Hospital, Poonch, where he remained admitted till July 21, 1987 and was thereafter referred to S.M.G.S. Hospital, Jammu. The life of the plaintiff was saved, but his right arm and the left leg was amputated as the gangrene was alleged to have deve...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 1999CriLJ479
Y. Kawoosa, J.1. The whole prosecution case more or less reels round the statement of one Madavan, Hawaldar, who is stated to have detected the murder of the deceased Israil Khan, Assistant Commandant, Central Reserve Police Force. The prosecution story which has been built up on his statement reveals that on 31-5-1992, 5th Batallion of CRPF was posted at the house of Ex-Chief Secretary, Mir Nassar-Ullah situated at Batwara, Srinagar. Constable Kali Dass was on duty from 2 to 4 p.m. on the main gate of the house and, after he completed his duty, accused Gotam Rai, Constable was posted on guard duty of the main gate. Gotam Rai had earlier made several requests to deceased Israil Khan, Assistant Commandant for grant of leave so that he could visit his house after a long spell of time. It is stated that registered letter also had been received by the Assistant Commandant that the mother of the appellant was ill, so he should visit his house. However, the repeated requests of appellant, Go...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : AIR2006J& K59
Nirmal Singh, J.1. This appeal is directed against the judgment and order dated 11-12-2003 passed by the learned Additional District Judge, (Matrimonial Cases), Jammu in file No. 111 titled Dr. Jyotsana Koul and Ors. v. Rajeev Kumar Koul.2. Dr. Jyotsana Koul (respondent No. 1 herein), filed a petition under Section 13 of the Hindu Marriage Act, 1980 (for short hereinafter referred to as the 'Act') for divorce on the ground of desertion. Along with it, she also filed an application under Section 30 of the Act for grant of maintenance pendente lite and litigation expenses for herself and also for minor children. The respondent No. 1 had pleaded that from the wedlock two children namely Surja Koul and Tushar Koul were born. They are residing with her in her parental house and are studying. It is staled that the respondent No. 1 used to spend more than Rs. 15,000/-per month for maintaining herself and also Rs. 10,000/- per month on the education and maintenance of the minor children. As su...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2004ACJ2049
T.S. Doabia, J.1. These appeals have arisen out of two sets of claim petitions; one pertains to an accident cause whereof was a bomb blast and the other deals with an incident where bullets of the terrorists sniffled life out of the passengers. Legal heirs have claimed compensation. In both sets of cases legal heirs have been successful. It is the insurance company which has challenged the decision so given.2. So far as the appeals pertaining to bomb blast are concerned, these are enumerated in Annexure 'A' appended to this judgment. The appeals pertaining to the claimants who are heirs of those who died on account of terrorists bullets find serialised in Annexure 'B'. (Annexures omitted)3. The bomb blast cases deal with incidents which took place on 7.10.1992 and 28.11.1994. The first incident as noticed above took place on 7.10.1992. At about 9.30 a.m. a bus started from Keso Manahasan to Jammu. When bus reached Digiana Ashram, a bomb exploded in it. A number of persons died and some...
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