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Judgment Search Results Home > Cases Phrase: mediation Court: jammu and kashmir Year: 2014 Page 1 of about 29 results (0.045 seconds)

Jan 27 2014 (HC)

Baldev Raj Vs. Jandk Special Tribunal and Others

Court : Jammu and Kashmir

Decided on : Jan-27-2014

massodi, j 1. subject matter of the dispute is a plot of land measuring 40 kanals and 19 marlas comprising survey nos. 16 and 17 situated at village top sherkhania, jammu (hereinafter called land in dispute). chronologically, the litigation over the land in dispute may be divided into two phases. in the first phase, the reversionaries of original owner of the land, shri jodh singh, fought a long drawn legal battle with shri ghasitu ram - the tenant inducted by alienee of limited owner, namely, smt. dadwal widow of jodh singh. the litigation started in 1936 a.d and came to an end on 05.11.1986. the controversy died down once the reversionaries lost the battle, not for the reason that this court did not find merit in their claim, but because of enactment of jandk agrarian reforms act, 1976. the appellant herein grandson of the tenant inducted by alienee of the limited owner, fought a lone battle against the reversionaries. his brothers did not join him in this battle. they, however, surfaced with their claim to the land in dispute, as legal heirs of shri ghasitu ram - the tenant inducted by alienee of the limited owner after the land was mutated in appellants favour. the second phase of litigation commenced on 21.09.1989 and continues to engage the parties. 2. shri raja ram chand - raja of chenani purchased land in dispute from smt. dadwal widow of late jodh singh vide sale deed dated 26th poh, 1992 svt. (12th january, 1936) in consideration of an amount of rs.1600/-. he .....

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Jan 29 2014 (HC)

Mohd Sultan Khan and Others Vs. State of Jandk and Others

Court : Jammu and Kashmir

Decided on : Jan-29-2014

1. these seven petitions involve somewhat common facts. however, before stating the individual facts of these cases, i deem it appropriate to narrate the genesis of the controversy that is involved in these cases. these facts would also shed some light on casual approach of the concerned governmental functionaries in a matter involving state exchequer. 2. way back in 2004, a proposal was mooted by the state tourism department through chief executive officer, pahalgam, for expansion of pahalgam golf course for which certain lands were required to be acquired. the proposal was discussed in a meeting chaired by the chief minister on 18.04.2004 and the chief executive officer, pahalgam development authority, was authorized to place an indent with the deputy commissioner, anantnag, for acquisition of land. prior to that the tehsildar concerned appears to have furnished the relevant details, presumably based on revenue records, of the land to the chief executive officer, pahalgam development authority. after the aforesaid authorization, the chief executive officer addressed communication no. pda/ceo/incl / 1385-90 dated 14.05.2004 to the deputy commissioner, anantnag, in which he, inter alia, stated as under: the broad details of land coming under the upgradation / expansion of pahalgam golf course have already been mentioned in the letter referred to above on the basis of the site plan prepared under the supervision of golf consultant. the revenue records submitted by the .....

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Nov 15 2014 (HC)

Chamel Singh and Ors Vs. State and Ors.

Court : Jammu and Kashmir

Decided on : Nov-15-2014

high court of jammu and kashmir at jammu owp no. 1459 of2010chamel singh and ors petitioners state and ors. respondent !mr. c.m.gupta, adv ^mr. v.r.wazir, sr. advocate with mr. amit chopra, advocate hon ble mr. bansi lal bhat, judge date:15. 11.2014 :judgment : this writ petition under article 226 of the constitution of india read with section 103 of constitution of jammu and kashmir has been filed by the petitioners for quashing the order of respondent no.3 dated 29.04.2009 and of respondent no.4 dated 07.03.2010 passed on mutation no. 2413 with regard to land bearing khasra no. 807 min/ 224 measuring 28 kanals 09 marlas situated at kundrorian, tehsil reasi on the ground that the petitioners and respondents nos. 5 & 6 are co-owners/co-sharers of a big chunk of land situated at kundrorian, village puranadroor, katra. it is averred in the petition that vide mutation no. 824, one lachhan was declared as prospective owner with regard to land bearing khasra nos. 807/224 measuring 37 kanals 09 marlas situated at kundrorian and vide mutation no. 1076 dated 13.09.1993, application filed by respondents 5 & 6 under section 7 of agrarian reforms act for resumption of land was rejected by respondent no.3, which was challenged by respondent nos. 5 & 6 before respondent no.10, additional deputy commissioner, udhampur who was vested with powers of commissioner, agrarian reforms. the appeal came to be rejected. the rejection order dated 07.11.2003 passed by respondent no.10 in appeal was .....

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Jul 10 2014 (HC)

Makhan Singh Vs. Amar Nath and ors

Court : Jammu and Kashmir

Decided on : Jul-10-2014

high court of jammu and kashmir at jammu lpaow no. 74 of2004makhan singh petitioners amar nath and ors respondent !mr. s. a. salaria, sr. adv with mr. k. s. puri, advocate ^mr. v. r. wazir, sr. advocate mr. d. r. khajuria, advocate hon ble mr. justice m. m. kumar, chief justice hon ble mr. justice hasnain massodi, judge date:10. 07.2014 :judgment : per massodi j1 lpa on hand is directed against writ court judgment in writ petition titled amarnath versus state of jammu and kashmir and ors. ( owp no.149/2001) dated 14th may 2004, whereby writ petition has been allowed, order of jammu and kashmir special tribunal dated 31stoctober 2000, set aside and order of commissioner agrarian reforms (appellate authority) dated 22nd november 1983 restored.2. first an overview look of background facts.3. shri amar nath appellant-herein, makhan singh-respondent no.5 and their uncle ram saran migrated to this part of the state in wake of partition in 1947. being migrants from pakistan administered kashmir, they were allotted a plot of land measuring 32 kanals comprising khasra no. 86, 122/37, 34,37 min situated at kotli galabana, tehsil r. s. pura in terms of cabinet order no. 578-c of 1954. shri ram saran being eldest member of the family was declared as head of the family and allotment was made in his favour. the possesion of allotted land was handed over and they together cultivated the land till ram saran passed away in 1977.4. in wake of the death of ram saran who was head of the family .....

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Dec 30 2014 (HC)

Madan Lal Goel Vs. Food Corporation of India and Ors

Court : Jammu and Kashmir

Decided on : Dec-30-2014

high court of jammu and kashmir at jammu owp no. 726 of2014and coa107of2014madan lal goel petitioners food corporation of india and ors respondent !mr. u. k. jalali, sr. advocate with mr. anuj sawhney, advocate ^mr. a. h. bhat, advocate for r-1 to 6. mr. k. s. johal, sr. advocate with mr. aashray choudhary, adv. for r-7. mr. pranav kohli, advocate for r-8. hon ble mr. justice janak raj kotwal, judge date:30. 12.2014 :judgment :1. respondent no. 1, the food corporation of india, regional office, jammu, issued e-tender notice no. cont/32(3)jk/tender/2014-15 dated 26.4. 2014 inviting online tenders for movement of stocks by road from fsd new godown, jammu to thirteen destinations in the state for a period of two years. the tenders were invited under two bid system, that is, technical bid and price bid. the tender notice inter alia provided for qualification conditions for bidding , clauses (i) and (ii) whereof, which relate to 2 previous experience of a tenderer and are relevant, read: (i) tenderer should have experience of transportation duly obtained from manufacturer/psu/govt. dept./ public ltd. company/ private limited company dealing in the field of fertilizer, food grains, cement, sugar, coarse grains or any other commodity. tenderer should have executed in any of the immediate proceeding five years work of value: (a) at least 25% of the estimated contract value in one single contract: or (b) 50% of the estimated contract value in different contracts.2. petitioner .....

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Aug 23 2014 (HC)

Er B. R. Manhas Vs. State of Jandk; and ors

Court : Jammu and Kashmir

Decided on : Aug-23-2014

high court of jammu and kashmir at jammu wppil no. 07 of2013er b. r. manhas petitioners state of j&k and ors respondent !mr. b. r. manhas present in person ^mr. gagan basotra, sr. aag for nos. 1 to 3 mr. s. k. anand, advocate for no. 4 hon ble mr. justice virender singh, judge hon ble mr. justice janak raj kotwal, judge date:23. 08.2014 :judgment : per kotwal-j:1. petitioner, babu ram manhas, who is an advocate by profession, has filed this writ petition in public interest (pil) under article 226 of the constitution of india read with section 103 of the constitution of jammu and kashmir to assail the repeal of the jammu and kashmir right to information rules, 2010 (for short the rules of 2010) by the state government by framing the jammu and kashmir right to information rules, 2012 (for short the rules of 2012).2. background facts are these, briefly:2. 2.1 legislature of the state of jammu and kashmir enacted the jammu and kashmir right to information act, 2009 (for short the act) with the primary object of setting out the regime of right to information to the people of the state to secure access to information under the control of public authorities. earlier the state legislature had enacted the jammu and kashmir right to information act, 2004 followed by right to information (amendment) act, 2008, which, however, came to be repealed by the act of 2009. right to information in rest of the country is similarly governed under the right to information act, 2005 (for short the .....

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Aug 06 2014 (HC)

Dr. Ashutosh Gupta and Others. Vs. State and Others

Court : Jammu and Kashmir

Decided on : Aug-06-2014

high court of jammu and kashmir at jammu swp no. 326 of2013dr. ashutosh gupta and others. petitioners state and others respondent !mrs. aruna thakur, advocate ^mrs. neeru goswmi, dy ag hon ble mr. justice bansi lal bhat-judge date:06. 08.2014 :judgment :1. petitioners are senior faculty members in different disciplines in government medical college, (gmc) jammu. through the medium of instant petition they seek quashment of government order no. 43/hme of 2013 dated 17.01.2013 by virtue whereof private practice of heads of the departments (hods) in gmc, associated hospitals and dental colleges of the state has been banned.2. petitioner-1 is professor in the department of radiation oncology. being the senior most faculty member in the aforesaid department, he has been given the charge of hod. petitioner-2 is the senior most professor in department of cardio thoracic surgery and has been given the charge of hod. petitioner-3 is professor in the department of surgery. petitioner -4 is the senior 2 most professor in department of ent and has been given the charge of hod. the case set up by the petitioners for quashment of impugned order is that their services are governed by the jammu and kashmir medical education (gazetted) service recruitment rules, 1979 (hereinafter called the rules), which classifies the posts into three categories viz teaching wing, administrative wing and general wing. the teaching wing includes principals, professors, associate professors, assistant .....

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Jan 10 2014 (HC)

Jaspreet Singh and Another Vs. State of Jandk

Court : Jammu and Kashmir

Decided on : Jan-10-2014

petitioners jaspreeet singh and amandeep singh figure as accused in case titled state vs. jaspreet singh and anr. facing trial for charge under sections 302/341/34 of rpc before learned sessions judge jammu. their plea for enlargement on bail was turned down by learned sessions judge inspite of finding recorded to the effect that both of them were below 18 years of age when the offence is alleged to have been committed. unfazed by declining of bail at the hands of learned sessions judge, the petitioners have approached this court through the medium of instant petition filed under section 498 of cr.p.c for grant of bail. it is averred in the petition that during the pendency of challan, petitioners filed an application before learned sessions judge claiming bail on the ground that they were juveniles at the time of alleged occurrence which led to an inquiry in which it was proved that the petitioners were below 18 years of age at the time of alleged occurrence. however, learned sessions judge rejected the bail plea by holding that the petitioners could not be given benefit under juvenile justice act 2013. it is further averred in the petition that juvenile justice act 2013 has been enforced in the state and petitioners are entitled to bail. it is pointed out that learned sessions judge has omitted to consider provisions of section 2(m)(n), sections 8, 13 and 21 of the juvenile justice (care and protection of children) act 2013 which, when read together explicitly suggest that .....

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Jun 03 2014 (HC)

imtiyaza Akhter Vs. University of Kashmir and Others

Court : Jammu and Kashmir

Decided on : Jun-03-2014

m.m. kumar, cj. 1. the instant appeal under clause 12 of the letters patent is directed against judgment and order dated 13.12.2013 rendered by the learned single judge of this court, holding that the appellant was not eligible for admission in m.a. persian because she lacked the eligibility qualification of ba. 2. the basic issue raised in these proceedings is, whether the appellant possessed a valid b.a. qualification because the stand of the respondent- university has been that she has failed to qualify environmental science at b.a. 2nd year level which is mandatory. it is appropriate to mention that the appellant did not qualify six month s module course of studies introduced by the university grants commission ( for brevity the ugc) and the resolution of the standing committee of the respondent-university dated 30.05.2012, therefore, the ba certificate produced by the appellant has been regarded as incomplete. 3. it is appropriate to mention that the ugc has introduced six months module syllabus for environmental studies for under graduate courses?. the aforesaid initiative by the ugc was inspired by the observations made by honble the supreme court, directing the ugc to introduce the basic course on environmental science at every level in college education. accordingly the matter was considered by the ugc and it was decided that a six months compulsory core module course in environmental studies may be prepared and compulsorily implemented in all the universities/ .....

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Aug 06 2014 (HC)

M/S Chaman Lal and anr.. Vs. Indian Oil Corporation Ltd. and ors

Court : Jammu and Kashmir

Decided on : Aug-06-2014

high court of jammu and kashmir at jammu owp no. 1181 of2012m/s chaman lal and anr.. petitioners indian oil corporation ltd. and ors respondent !mr. pranav kohli, advocate ^mr. r.koul, advocate hon ble mr. justice bansi lal bhat-judge date:06. 08.2014 :judgment : in this petition, filed under article 226 of constitution of india read with section 103 of the constitution of jammu and kashmir, petitioners seek the following reliefs. (i) writ of certiorari seeking quashment of the allotments of contracts as road transport of bulk petroleum products in violation of reservation clause of the nit bearing no. pso/ops/pol pt/ms2 hsd/bulk/2012-01 dated 10th april, 20112 (ii) mandamus commanding upon the respondents to adhere to the reservation clause and allocate 15% in the allotment to the reserved categories in both 12kl and 18/20kl tank trucks. (iii) mandamus commanding upon the respondents to include and carry forward the quota of the reserved categories of the previous year of 2008 in the year of 2012 in the contract for the road transportation of bulk petroleum product notified vide nit bearing no. pso/ops/pol/pt/mshsd/ bulk/2012-01 dated 10th april, 2012. (iv) prohibition restraining the respondents from proceeding with additional requirement notified on 19.07.2012 for 3 both 12kl capacity tank trucks and 18/20kl capacity tank trucks without adhering to the reservation clause. petitioners are the proprietorship concerns and shri chaman lal and shri rajesh kumar are the sole .....

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