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Judgment Search Results Home > Cases Phrase: mediation Court: jammu and kashmir Year: 2005 Page 1 of about 59 results (0.015 seconds)

Oct 07 2005 (HC)

Rasheeda Akthar Vs. State

Court : Jammu and Kashmir

Decided on : Oct-07-2005

Reported in : 2006(2)JKJ384

hakim imtiyaz hussain, j.1. this petition under section 103 of the constitution of jammu & kashmir read with 226 of the constitution of india has been filed by one rasheeda akhtar for quashing the order passed by ld. financial commissioner dated 14.6.2005 in revision petition titled syed jalal-ud-din shah v. rasheeda akhtar by means of which mutation no. 620 dated 13.1.1977 ordered by the naib tehsildar chadoora and mutation no. 1170 dated 16.1.1979 ordered by the tehsildar chadoora were set aside.2. the facts relevant for the disposal of this petition are as under:parties namely rasheed akhtar w/o syed abdul rashid qadiri r/o lasjan (hereinafter referred to as the petitioner) and syed jalal-ud-din s/o syed mustaffa r/o lasjan (hereinafter referred to as the respondent no. 2) are the descendants of one syed kabir who had some landed property at village lasjan tehsil chadoora district budgam kashmir. syed kabir had two sons namely mohd. syed and syed mustafa who inherited the estate of syed kabir. mohd. syed died issueless whileas the petitioner and respondent no. 2 are the issues of syed mustafa. by means of mutation no. 620 dated 13.1.1977, the land left by late syed mustafa was mutated in favour of the petitioner and respondent no. 2 in equal shares. the petitioner claimed and got 1/2 of the share as a khan-nisheen daughter. by means of the second mutation no. 1170 dated 16.1.1979 the property of late mohd. syed, the uncle of the petitioner and respondent no. 2 was also .....

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Jun 07 2005 (HC)

Sher-i-kashmir National Medical Institute Trust Vs. State of J and K a ...

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. briefly stated, the background of the case is that the housing department of government of jammu and kashmir acquired about a thousand kanals of land at zoonimar, srinagar for construction of a housing colony. a plan to build a 500-bed hospital at soura, srinagar was also under consideration of the government. zoonimar and soura are adjoining localities. on 21st november, 1972, it is said, some people, said to be friends and admirers of late sheikh muhammad abdullah, on the occasion of his 68th .....

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Feb 08 2005 (HC)

Barkat Bibi Vs. J and K Special Tribunal and ors.

Court : Jammu and Kashmir

Decided on : Feb-08-2005

Reported in : 2005(2)JKJ300

s.k. gupta, j.1. this appeal arises from the judgment and order of learned single judge dated 24.11.2004 passed in owp no. 168/2001 by virtue of which the writ petition preferred by the appellant was dismissed.2. petitioner approached the writ court seeking a direction to quash the order of respondent no. 1 (j&k; special tribunal, jammu) dated 05.03.2001 by which the restoration order dated 02.02.1980 passed by the custodian and order dated 16.02.1995 passed by custodian general affirming the order of custodian under section 8 of the evacuee's (administration of property) act, have been set aside.3. the dispute pertains to the devolution of the right of non-occupancy tenancy held by jumma on the appellant-daughter on the death of the deceased- tenant who was killed in the disturbances of 1947.4. the case of the appellant is that her father, jumma was in cultivating possession of the state land aggregating 54 kanals and 5 marias comprising survey nos. 683 and 696 located at village maheen sarkar, tehsil samba, district jammu as non occupancy tenant prior to 1947. jumma was killed at miran sahib in 1947. the land in issue came in cultivating possession of behari lal, predecessor- in-interest of respondents 4 to 8, udhay ram, kaiser and kashmiru lal, which, according to them, allotted in their favour under government orders lb-7 and 578-c respectively. they continued to be in possession of the said land till evicted in pursuance of order dated 02.02.1980 passed by the custodian .....

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Feb 03 2005 (HC)

Fazal Ahmed Vs. State of J and K and anr.

Court : Jammu and Kashmir

Decided on : Feb-03-2005

Reported in : 2005(2)JKJ560

y.p. nargotra, j.1. the petitioner has filed this petition under section 561-a cr.p.c. seeking quashing of fir no. 23/2002 registered on 22.5.2002 against him in police station crimes & railways jammu for commission of offences under sections 420, 467, rpc, read with section 5(2) of prevention of corruption act 2006. the petitioner was serving as a patwari in the revenue department of the government. the government initiated an enquiry in respect of mutation no. 1472 of village deoli, tehsil and district jammu. the inquiry officer came to the conclusion that there was no co-relation between parti-i-patwar and part-i-sarkar of mutation no. 1472. the petitioner was found to be involved in fabricating the basic mutation alongwith others who have either died or retired.2. the government vide govt. order no. rev(s)85 of 2002 dated 22.2.2004 ordered:-1- i.g. crime and railways shall investigate fake and fraudulent mutation no. 1472 of village doeli;2- shri fazal ahmad patwari (presently on deputation to forest department) is placed under suspension with immediate effect. he shall be attached with deputy commissioner jammu;3- revenue attorney with the divisional commissioner jammu shall immediately file a revision petition seeking cancellation of fake and fabricated mutation which have been attested on the basis of fake mutation no. 1472;4- the dy. commissioner jammu and settlement officer jammu shall ensure that no further mutation and sale in respect of land involved in the survey .....

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Mar 24 2005 (HC)

State Vs. Mohd. Aslam and ors.

Court : Jammu and Kashmir

Decided on : Mar-24-2005

Reported in : 2005(3)JKJ1

s.k. gupta, j.1. this revision is directed against the judgment and order dated 24.11.1997, passed by the learned special judge, anti-corruption, jammu. by means of the impugned order, the trial court held that no prima facie case is made out against the accused-persons, dismissed the challan and discharged them.2. the facts of the case, in resume, may be noticed:-non-official accused-respondents were in unauthorized possession of the state land in villages kartholi and birpur. in the year 1958, on coming into force the government order no. lb-6/c of 1958, they became entitled to be declared as 'tenants-at-will' and thereafter under government order no. s.432 of 1966 for the conferment of proprietary rights in respect of the land in their respective possession in the year 1967. the mutations, accordingly, were attested in their favour under the government order no. lb-6/c of 1958 and also vested with the proprietary rights under government order no. s.432 of 1966 subsequently in the years reflected in the record, which is explicitly clear from the table given in the order impugned by the trial court. the mutations were attested in respect of the land located in villages kartholi and birpur. however, some portion of the land in respect of which proprietary rights were vested in favour of non-official accused came to be acquired by the government under the provisions of jammu & kashmir land acquisition act. the award was made by the competent authority and compensation paid to .....

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May 26 2005 (HC)

Abdul Razak Ganaie Vs. State of J and K and ors.

Court : Jammu and Kashmir

Decided on : May-26-2005

mansoor ahmad mir, j.1 mr. khan stated at bar that issues involved in this writ petition are legal one and prayed that petition be decided without filing objections on behalf of the respondents 1 to 4. his statement is taken on record. respondent no. 5 has already filed objections.2. admit. with the consensus of learned counsel of the parties, the petiton is taken up for final adjudication.3. the petitioner is aggrieved of the order dated 23rd june, 2004, hereinafter referred to as impugned order, passed by respondent no. 3 on an application presented by respondent no. 5 in terms of section 14 of jammu and kashmir state evacuees (administration of property) act 2006, hereinafter referred to as act, for restoration of property of his grand father mohammad gazi with possession thereof.4. the petitioner has assailed the said order on the grounds taken in the petition. the respondent no. 5 resisted the petition by filing objections and has prayed that petition be dismissed as being not maintainable.5. mr. attar heatedly argued that the observations and findings returned by respondent no. 3 in the impugned order at page-2 para-2 are without, jurisdiction and, power. it is profitable to reproduce relevant portion of the said para herein;the evacuees ahmad-ullah gazi and mohd.gazi are thus the owners of land measuring 65 kanals 1 marla ahmad-ullah's share after deducting the land sold by his father is 34-5 and mohd.gazi share is 30-16. the record reveals that evacuee property .....

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Dec 21 2005 (HC)

Kewal Krishan and ors. Vs. State of J and K

Court : Jammu and Kashmir

Decided on : Dec-21-2005

Reported in : 2006(2)JKJ304

r.c. gandhi, j.1. this criminal appeal is directed against the judgment and order dated 16.07.2003 and 19.07.2003 passed by the learned addl. sessions judge, jammu in file no. 29/session, whereby the appellant-kewal krishan has been convicted and sentenced to undergo imprisonment for life for commission of offence under section 302 rpc and to pay a fine of rs. 5000/-. in default of payment of fine, he shall further undergo rigorous imprisonment for one year. he is also sentenced to undergo simple imprisonment of one year for commission of offence under section 323 rpc. he is further sentenced to undergo rigorous imprisonment for three years for commission of offence under section 4/25 arms act and to pay rs. 2000/- as fine and in default of payment of fine, to undergo rigorous imprisonment for six months. whereas appellants-ashawni kumar and mst. parmila devi have been sentenced to undergo imprisonment for life under section 302 rpc and shall pay a fine of rs. 5000/- each and in default of payment of fine both the accused to undergo rigorous imprisonment for one year. they have been further sentenced to undergo simple imprisonment for six months each under section 323 r.p.c. however, all the sentences have been ordered to run concurrently.2. the prosecution story, in brief, is that complainant ram krishan s/o des raj r/o chorli lodged a verbal report with the police station, r.s pura that on 18.06.1996 at about 6.30 p.m. accused persons, namely, kewal krishan, ashwani kumar .....

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Jul 19 2005 (HC)

Madan Mohan Sharma Vs. Collector and anr.

Court : Jammu and Kashmir

Decided on : Jul-19-2005

Reported in : 2006(3)JKJ589

s.k. gupta, j.1. this appeal is directed against the judgment and decree dated 17.8.2001 passed by the learned district judge, jammu in file no. 7/2ah in case entitled madan mohan sharma v. collector, land acquisition, jammu, whereby the claim of the appellant-petitioner for enhancement of compensation has been rejected and no interest as contemplated under sections 28 and 35 of the land acquisition act has been awarded. 2. on being approached by the director, school education with an indent to acquire the land aggregating 16 kanals and 10 marlas contained in khasra no. 1053/m located at village dablehar, tehsil r.s. pura, for construction of government high school, dablihar, a notification was issued by the revenue department under sections-6 and 7 of the state land acquisition act (hereinafter referred to as the act) in declaring that the said land is required for the purpose, i.e., for the construction of the government high school, dablihar. thereafter notices under sections 9 and 9(a) of the act in succession were issued to the land owners/interested persons and also to the indenting authority, i.e., director school education, jammu. the appellant-petitioner, madan mohan sharma, however, claimed a compensation @ rs. 3 lacs per kanal of the land under acquisition in his application made on 16.9.1998. tehsildar, r.s. pura, however, intimated in his report to the acquisitioning authority that no sale transaction has taken place in the locality for the last three preceding .....

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Mar 24 2005 (HC)

Collector Land Acquisition Vs. Mahinder Kumar and anr.

Court : Jammu and Kashmir

Decided on : Mar-24-2005

Reported in : 2005(2)JKJ592

s.k. gupta, j.1. the land aggregating 06 kanals 09 maralas contained in khasra no. 115 min. located in village siot, tehsil, sunderbani, district rajouri has been acquired by the state for the construction of the 'siot-kalakot' road, as per the final award issued by collector, rajouri, vide his no. ac/la/704-06 dated 29.12.1990, whereby the collector has awarded compensation of rs. 8,000/- per kanal with jabrana/solatium @ 15%.2. the claimants/respondents, namely, mahinder kumar and kevel kishore sons of ghardhari lal accepted the compensation and received the payment under protest. they applied for a reference under section 18 of the land acquisition act. the reference court after hearing the parties, enhanced the compensation for the land acquired from rs. 8,000/- to rs. 15,000/- per kanal plus 15% solatium/jabrana and 4% interest from the date of the notification till the realization of the amount awarded to the claimants/respondents from the collector, land acquisition, rajouri and the indenting department.3. aggrieved by the compensation awarded by the reference court, this appeal has been preferred by the collector, land acquisition, rajouri, challenging the decree on the ground that the increase in the award is not justified on the evidence let in by the owners. the appellant's admitted case is that on account of ban on sale and purchase of land after coming into force the agrarian reforms act, no sale and purchase of large chunk of land has taken place in the locality .....

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Mar 16 2005 (HC)

Tarseem Lal and ors. Vs. State of Jammu and Kashmir and ors.

Court : Jammu and Kashmir

Decided on : Mar-16-2005

Reported in : 2005(2)JKJ433

s.k. gupta, j.1. second additional sessions judge, jammu by his judgment dated 31-01-1994 held the appellants guilty of committing murder of one chanan singh at village nadi and sentenced each one of them to suffer imprisonment for life in proof of offences under sections 302/34 rpc and fine of rs. 2,000/- on the first count and in default of which, they will undergo simple imprisonment for a period of six months, and on the second count, for the offences under sections 3/25 arms act, appellant tarseem lal is sentenced to undergo one year's rigorous imprisonment and a fine of rs. 500/- and one year's rigorous imprisonment and a fine of rs. 500/-, for offences under sections 4/27 arms act; garoo ram to undergo one year's rigorous imprisonment and a fine of rs. 500/- in proof of offences under sections 4/27 arms act and hadi ram, for offences under sections 4/27 arms act, to undergo one year's rigorous imprisonment and fine of rs. 500/-, and in default of payment of fine imposed, each accused to further undergo two months' simple imprisonment for their respective fine, with a further order to run subsequent sentences concurrently.2. the anchor sheet of the prosecution case enumerated from the record, in nutshell, is that qabal ram lodged a verbal report with the police station, r.s. pura, to the effect that on 7th march, 1990 at 9.00 a.m., when chanan singh son of ram singh alongwith his wife was cutting shatala grass in his land at village nadi, all the four accused, namely, .....

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