Court : Jammu and Kashmir
Decided on : Jul-21-2004
Reported in : 2004(3)JKJ127
Permod Kohli, J.1. Petitioners in all the above petitions are aggrieved of their conviction by the Summary General Court Martial for committing Civil Offences under Section 69 of the Army Act, read with Section 325/34 of the Ranbir Penal Code for causing grievous hurt to Capt Aseem Kapoor of 60 Field Regiment on 8th Nov 1997. All the petitioners were serving at 92 Base Army Hospital in Srinagar at the time of the alleged commission of offence. Petitioners in OWP No. 783/2000, OWP No. 509/2000 and OWP No. 493/2000 were swerving as Naib Subedars, whereas petitioner in OWP No. 2408/2000 was serving as Sepoi, Petitioners were allegedly involved in an incident of scuffle that resulted in injuries to Captain Aseem Kapoor of 60 Field Regiment. 2. As per the prosecution story Captain Aseem Kapoor of 80 Regiment was performing the duties of Convoy Commander from Uri to Srinagar and back. One of his duties was to provide safe passage to the transients. After bringing the Convoy to Srinagar he re...
Tag this Judgment!Court : Jammu and Kashmir
Decided on : Jun-07-2004
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....
Tag this Judgment!Court : Jammu and Kashmir
Decided on : Nov-29-2004
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...
Tag this Judgment!Court : Jammu and Kashmir
Decided on : May-26-2004
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
Decided on : Nov-01-2004
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...
Tag this Judgment!Court : Jammu and Kashmir
Decided on : Jul-12-2004
Reported in : AIR2005J& K58,2005(1)JKJ280
Permod Kohli, J.1. These two Revision Petitions arise out of an execution petition pending before the Sub Judge, Rajouri in respect to execution of a compromise decree. In a suit for eviction filed by the respondent/ decree-holder a compromise decree dated 3-11-1986 came to be passed. The decree reads as under:-'It is ordered that a compromise decree in terms of the Compromise deed in favour of the plaintiff and against the defendant is passed. Parties shall bear their respective costs.'The terms of the Compromise entered into between the parties are as under:'(1) I, defendant admit the suit of the plaintiff, who is owner of the shop on the ground of building and re-building;(2) Defendant will hand over the possession of the shop to the plaintiff within 15 days from today. Plaintiff will re-construct the Pucca shop within four months and hand over the same to the defendant. Plaintiff will construct the walls with bricks instead of stones and if any space in width is available, the plai...
Tag this Judgment!Court : Jammu and Kashmir
Decided on : Jul-27-2004
Reported in : 2005(1)JKJ555
Y.P. Nargotra, J.1. Isher Dass Predecessor-in-interest of the respondents/Plaintiffs instituted a suit for possession against the appellants/defendants on the plea that plaintiff is the owner of the suit shop, which his father Ram Chand had purchased from its erstwhile owner Faquiru by virtue of a Sale-Deed dated 17th of Kartik 1966 BK, in lieu of a consideration of Rs. 99/-. To prove the title plaintiffs produced the original Sale Deed with his suit with a sanction for re-building of the same granted by Chairman, Notified Area Committee, Basohli dated 13.08.1969. The plaintiff alleged that the defendants with their predecessor-in-interest came in possession of the suit shop on 18.07.1970 by virtue of an un-registered mortgage deed duly executed in consideration of Rs. 500/- by the plaintiff in their favour. An attested true copy of the Register of Petition Writer, the scribe of the mortgage deed, was also produced with the suit. The marginal witness was Dina Nath. At the time of filin...
Tag this Judgment!Court : Jammu and Kashmir
Decided on : Dec-23-2004
Reported in : 2005(1)JKJ382
Y.P. Nargotra, J.1. The petitioners in this batch of writ petitions are calling in question the validity of selections and consequent recommendations for appointments made by the J&K; Public Service Commission, (hereinafter called the Commission), to the Government for the posts of Assistant Surgeons. Health & Medical Education Department of the J&K; State vide its No. HT(GAD)131/95 dated 11.12.2002 referred 31 posts of Assistant Surgeons to the Commission. Then vide another communication No. HD(GAD)131/95 dated 20.1.2003, Health & Medical Education Department referred 190 more posts of Assistant Surgeons to the Commission. Three posts of Assistant Surgeons in open merit category were already pending for selection with the Commission. Thus in all the Commission stood referred 224 posts as per the following break-up: ----------------------------------------------------------------------Open merit .. Three previousvacancies-----------------------------------------------------------------...
Tag this Judgment!Court : Jammu and Kashmir
Decided on : Apr-23-2004
Reported in : 2004(2)JKJ246
Permod Kohli, J. 1. Petitioner who was owner of the land measuring 51 Kanals 3 Marlas comprised in Khasra Nos. 696, 699, 970-72, 982-96, 988-89 situated in Village Bamal, Tehsil R.S. Pura, initiated proceedings for eviction of respondents No. 2 to 4 under Section 46 of the Jammu and Kashmir Tenancy Act vide his application dated 7-11-1960 before the Collector, Jammu on the grounds that respondent No. 2, who entered as a protected tenant surrendered his protected tenancy rights by an oral notice and entered into fresh agreement for the cultivation of land as a tenant at will alongwith respondents No. 3 & 4. This application was resisted by the respondents on the plea that respondent No. 2 being 'Karta' of the Joint Hindu Family comprised of respondents No. 3 & 4 as its co-parceners, have been in cultivating possession of the land as protected tenants. They also denied the factum of surrender of protected tenancy rights and the execution of the fresh agreement for cultivation of the land...
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