Court : Jammu and Kashmir
B.P. Saraf, C.J.1. All these eight appeals under clause 12 of the Letters Patent are directed against the common judgment and order dated 30.9.1999 of the learned Single Judge by which he dismissed the writ petitions of the appellants challenging the constitutional validity of the levy of additional toll at the rate of 4 per cent by the State of Jammu and Kashmir ('State') on the edible oil imported into the State for re-sale with effect from 30th May, 1997 vide SRO 184 dated 30.9.1999.The two writ petitions also involve the challenge to the same levy and the decision in these appeals will govern those writ petitions as well. Those two writ petitions are, therefore, clubbed with these appeals for final hearing and disposal. 2. The material facts are as follows. All the appellants and writ petitioners, except appellant Nos. 4 and 6, namely, M/s Daya Chand Jain (LPA No.606/99) and M/s S. K. Enterprises (LPA 116/2000) and writ petitioner, M/s Pawan Traders (OWP 595-A/98), are engaged in t...
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Reported in : AIR1995J& K7
M.L. Kaul, J.1. This Letters Patent Appeal has arisen out of an order of Hon'ble the Chief Justice dated 11-2-1994, whereby Writ Petition No. 947 of 1991 title H.S. Rainal v. National Insurance Company has been transferred from Srinagar Wing to Jammu Wing of this Court, along with all connected CMPs. and contempt petitions arising therefrom.2. A challenge has been made to the passing of such order on the ground that the impugned order being a judicial order has been passed by Hon'ble the Chief Justice under the Administrative powers vested in him as Chief Justice of the High Court. The said order being a judicial order could not be passed in exercise of the administrative powers vested in him and his Lordships failed to appreciate and consider the arguments raised by the counsel for the appellant. The learned single Judge failed also to appreciate that power to transfer cases from one Wing to another wing had not been conferred under the J and K High Court Rules and that his Lordship a...
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HIGH COURT OF JAMMU AND KASHMIR AT JAMMU AA No. 12 OF2012AND AA No. 43 OF2013AND AA No. 37 OF2012Ramesh Chand Kathuria and anr Petitioners M/s Trikuta Chemicals Private Ltd. and anr c/w connected matters. Respondent ! Mr. Harish Malhotra, Sr. Advocate with Mr. C. S. Azad, Adv. Mr. Rohit Kapoor, Adv. Mr. Surinder Singh, Adv. Mr. B. S. Salathia, Sr. Advocate with Mr. D. S. Chauhan, Adv Mr. R. S. Thakur, Adv Mr. Ashwani Thakur, Adv Mrs. Aruna Thakur, Adv Mr. D. C. Raina, Sr. Advocate with Mr. Anil Verma, & Mr. Arun Kumar, Advs? Mr. B. S. Bali, Adv (AA Nos. 4 and 5 of 2012) Mr. K. S. Johal, Sr. Advocate with Mr. Aashray Choudhary, Mrs. Sindhu Sharma, ASGI Mr. Rameshwar Singh Jamwal, Advocate Mr. Ravinder Kr. Gupta, CGSI. ^ Mr. Z. A. Shah, Sr. Advocate with Mr. Vipin Gandotra, adv. Mr. R. K. Gupta, Sr. Advocate with Mr. Prem Sadotra, Adv. Mr. U. K. Jalali, Sr. Advocate with Mr. Anuj Sawhney, Adv. Mrs. Sindu Sharma, ASGI Mr. W. S. Nargal, Adv. Mr. M. K. Raina, Adv Mr. R. K. Kaul, Advocate Mr...
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HIGH COURT OF JAMMU AND KASHMIR AT JAMMU. LPAOW No. 146 OF 201.Sandya Devi and ors Petitioners Anil Gupta and ors Respondent !Mr. Z.A. Shah, sr. Adv with Mr. Vipan Gandotra.Mr. D.C. Raina, Sr. Adv with Ms. Ananta Raina Adv. Mr. R.K. Gupta Sr. Advocate with Mr. Prem Nath Sadotra ^Mr. M.A. Goni, sr. Adv with Mr. Ahatshan Bhat and Mr. A. S. Kotwa, Advocates. Mr. S.S. Lehar, Sr. Adv with Mr. Vandana Sharma, Adv. Mr. Prana Kohli, Adv with Ms. Hancy Maini, Adv HONBLE MR. JUSTICE Virender Singh- JUDGE HONBLE MR. JUSTICE MUZAFFAR HUSSAIN ATTAR-JUDGE. Date:12. 11.2012 : : Muzaffar Hussain Attar. Maintainability of Letters Patent Appeal is under cloud in view of the stiff resistance offered by ld sr. counsel for the respondents 1 to 39. In order to appreciate the objection raised about the maintainability of L.P.A, brief narration of the facts becomes imperative. The trade of liquor in the State of J&K is regulated by J&K Excise Act. 1959 and Rules called J&K Liquor Licence, and Sale...
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Reported in : 2005(2)JKJ583,(2005)IILLJ1059J& K
S.N. Jha, C.J.1. The dispute in the writ petition/appeal relates to the appointment of respondent No. 4, Asif Hamid Khan, (hereinafter referred to as the respondent) on the post of Trade Agent. In the writ petition prayer of the petitioner/appellant, Mukhtar-ul-Aziz, is for quashing the impugned order of appointment dated 13.12.1990 and for a madamus to allow him (petitioner) to continue on the post till proper selection and appointment. By order dated 12.3.1990, a learned Single Judge of this Court referred the case to larger Bench for decision on the points formulated. Feeling aggrieved by observations/findings regarding contractual nature of his employment, terminable at one month's notice by either side, the petitioner preferred appeal in hand under Clause 12 of the Letters Patent. The dispute being same and the appeal arising from the writ petition itself, both writ petition and appeal were taken up for hearing together.2. The case of the petitioner, briefly stated, is that on 15....
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Reported in : 2005(3)JKJ122
Hakim Imtiyaz Hussain, J.1. This Civil Second Appeal is directed against the judgement and decree dated 31.12.1988 passed by the District Judge, Anantnag in Civil First Appeal against the judgement and decree passed by the Sub-Judge, Kulgam dated 28.2.1986 in COS titled Gulla v. Yaqoob Laway and Ors.2. The matter relates to adoption under customary law. The parties are Muslims and the dispute between them is on the landed property left by one Ismail Laway of village Hanand, Tehsil Kulgam.3. Gulla (Pisar parwarda) - contesting respondent No. 1 (hereinafter referred to as the plaintiff) filed a suit for declaration against Yaqoob Pisar Ismail Laway and others in the court of Sub-Judge, Kulgam on 08.11.1974. The plaintiff alleged that he was the adopted son of one Ismail Laway while as Yaqoob - appellant No. 1 and Mst. Hajira and others- appellant nos. 2 to 4 and proforma respondent No. 2 (hereinafter referred to as the defendant) were the issues of said Ismail Laway. Yaqoob was his son a...
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S.C. Mathur, C.J.1. A single individual, Sukesh Chander Khajuria, has filed this writ petition seeking ban on private medical practice by doctors in the service of the State Government and for creation and assurance of proper, adequate and hygienic medical facilities for the citizens of the State. The petition has been claimed to have been filed in public interest. The petitioner has claimed himself to be a social activist and President or member of several social organisations. A few facts necessary for the disposal of the writ petition may be stated:2. Government doctors likely to be affected by the petition fall in two categories: (1) those posted at Primary Health Centres and Hospitals; (2) the posted at institutions imparting medical education . Doctors belonging to the second category are governed by Jammu and Kashmir Medical Education (Gazetted) Service Rules, 1879. Said doctors along with other Government servants are governed by Jammu and Kashmir Public Men and Public Servants...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2003(1)JKJ108
T.S. Doabia, J. 1. The Union of India through one of its department wants to carry on commercial activity in an area which is predominantly residential. If the Union of India is unable to move to a commercial area what would fate of an ordinary citizen. The Union of India should have avoided of its own such a course. Having not done so, the petitioners have approached this court through the medium of present writ petition, who are the residents of Gandhi Nagar, Jammu. The petitioners have objected to the decision taken by the respondents Union of India in taking a premises owned by the respondent No. 10 for an activity which as per the petitioners is commercial in nature. The purpose is to set up an office and utilize the premises for providing Tele-Communication department. This department is engaged for providing telephone connections and laying down telephone wires. According to the petitioners, the area is predominantly residential and therefore, the user of this premises for an ac...
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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...
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Reported in : 2005(1)JKJ109
H. Imtiyaz Hussain, J.1. This Civil Misc. IInd. Appeal is directed against the order of District Judge, Anantnag passed in Civil Appeal No. 3 of 1988 titled Mst. Zaereefa v. Fahmeeda and Anr.2. The dispute between the parties is on the landed property left by one Usman Parrey at Kilam Buchgam Tehsil Kulgam. Mst. Zareefa claims to be the adopted daughter (Dukhtar Parwarda) of said Usman Parray and has therefore filed a suit for declaration and mandatory injunction against the real daughter of Usman Parray namely Fahmeeda and her husband namely Bashir Ahmad Dar. Mst. Zareefa alleges that the parties are governed by custom and under the custom Usman Parray adopted her during her infancy and later executed a will deed in her favour on 28-1-1967. She further claims that Usman Parray made her as Khana Nasheen daughter and that till his death she performed her duties as his daughter. According to her the deceased had appointed Fahmeeda, his real daughter too as Khana Nasheen daughter and ther...
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