Court : Jammu and Kashmir
Decided on : Jun-07-2005
S.N. Jha, C.J.1. The dispute in this writ petition relates to taking over possession of properties and/or management and affairs of the Sher-i-Kashmir Institute of Medical Sciences at Soura; Kashmir Nursing Home at Gupkar Road and Dr. Ali Jan Shopping Complex at Kothibagh in Srinagar by the government. The petition challenging the government order dated 22nd July, 2003 was referred to the Division Bench having regard to the 'subject and, nature of the petition, the public interest involved and the reliefs prayed for'. The Division Bench, however, gave a split verdict. While V. K. Jhanji, J. dismissed the writ petition, Syed Bashir-ud-Din, J. quashed the impugned order and allowed the writ petition. The petition in the circumstances was ordered to be listed before the third Judge in terms of Rule 36 of the Jammu and Kashmir High Court Rules, and that is how the case came up before me for hearing.2. The facts of the case have been set out in detail in the judgment of V. K. Jhanji, J. Bri...
Tag this Judgment!Court : Jammu and Kashmir
Decided on : Nov-30-2005
J.P. Singh, J.1. This Letters Patent Appeal is directed against judgment datec 21.11.2002 of learned Single Judge in CIMA No. 259/2002, whereby while dismissing the appeal of New India Assurance Company Limited, the learned Single Judge, upheld the award dated 23.10.2001 of Motor Accidents Claims Tribunal, Bhaderwah.2. The facts giving rise to this appeal may be summarized thus. S/Sh Irshad Ahmed and Nissar Ahmed, were travelling in a mini load carriei bearing registration No. JKS-4851, when it rolled down river Chenal: causing instantaneous death of the persons named above,3. Farida Begum, the widow and Asaf Irshad minor son of the deceased filed Claim Petition No. 32/MACT before Motor Accidents Claims Tribunal Bhaderwah.4. The claim was contested by driver and Insurance Company. The owner of the vehicle did cause his appearance in the Court but thereafter he was proceeded exparte.5. Mir Baz Naik and Fatima Begum, father and mother of the deceased too were arrayed as petitioners/claim...
Tag this Judgment!Court : Jammu and Kashmir
Decided on : Dec-20-2005
Reported in : 2006(2)JKJ343
J.P. Singh, J.1. Mrs. Imitiaz Bano filed a Claim Petition before Motor Accidents Claims Tribunal, Jammu, claiming an amount of Rs. 1,61,25,197/- as compensation for 100% disability suffered by her because of severe injuries and irreparable damage to vertebra and spinal cord resulting in TRAUMATIC PARAPLEGIA.2. The owner and the driver were set exparte. The New India Assurance Company was permitted by the Tribunal to contest the claim additionally on the grounds available to the owner and the driver of the vehicle.3. Issues framed by the Tribunal read thus:1. Whether accident involving injuries to the petitioner has occurred due to the rash and negligent driving of the offending bus bearing No: JK02E-0979 by its driver respondent No. 2 on 18.08.1997? OPP2. In case Issue No. l is proved in affirmative what is the amount of compensation payable to the petitioner and by whom? OPP3. Whether the driver of the offending vehicle was not holding a valid and effective driving licence at the time...
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