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Apr 05 2016 (HC)

M/s. Samrat Surgicals Pvt. Ltd. Vs. State and Others

Court : Jammu and Kashmir

B.S. Walia, J. 1. Challenge in the instant Letters Patent Appeal is to the judgment dated 19.02.2016 rendered by the Hon'ble Single Judge in OWP No.153/2016 whereby the writ petition filed by the appellant seeking a direction to the respondents to consider its technical bid submitted through JandK Small Scale Industries Development Corporation Limited (SICOP) on its merit in reference to Notice Inviting Tender issued by respondent Nos. 2 and 3 was dismissed. 2. Brief facts of the case leading to the filing of the instant appeal are that as per averments in the Letters Patent Appeal, the appellant is a Small Scale Industrial Unit (hereinafter referred to as SSI) registered with the Directorate of Industries and Commerce, JandK engaged in manufacture of absorbent cotton wool, absorbent cotton gauze, rolled bandages and bandage cloth. 3. That respondent Nos. 2 and 3 issued Notice No. JKMSCL / Dressing Material / 2015 / 313 dated 12.12.2015 (Annexure-B to the writ petition) inviting e-bid ...

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Mar 28 2016 (HC)

Abdul Gani Wani Vs. State of JandK and Others

Court : Jammu and Kashmir

1. Petitioner seeks quashment of two orders (i) Order No.113 of 2000 dated 21.02.2000 whereby petitioner has been demoted to the rank of Warder and (ii) Government Order No.Home-42(Jail) of 2002 dated 28.01.2002 whereby first order (i) dated 21.02.2000 has been upheld. Further also seeks quashment of the entire enquiry proceedings; and Seeks issue of mandamus so as to command respondents to release all consequential benefits including the monetary benefits in favour of the petitioner. 2. Precise factual matrix: Petitioner was Selection Grade Warder posted at District Jail Baramulla in the month of October, 1997. He was night duty officer on the intervening night of 19/20th October, 1997. It is during the said intervening night of 19/20th October, 1997 one undertrial prisoner namely Abdul Malik S/o Syed Shahid Malik, R/o Karachi, Pakistan lodged in the District Jail Baramulla in connection with case FIR No.45/1997 under Section 45 F.A, P/s Kupwara escaped from the custody allegedly due ...

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Mar 28 2016 (HC)

Raj Kumar Vs. Union of India and Others

Court : Jammu and Kashmir

1. Vide Order dated 28.02.2000 passed by Commandant, 108 Bn. BSF, petitioner has been dismissed from service w.e.f 28.02.2000. Vide order dated 25.06.2002 passed by Director General of BSF, the appeal filed by the petitioner against the order dated 28.02.2000 has been rejected. Quashment of the said orders and of the Summary Security Force Court proceedings is sought with a further direction to the respondents to consider the case of the petitioner for re-instatement and to pay him salary and all other consequential benefits after treating the period from the date of dismissal to the date of joining as on duty. 2. Petitioner was appointed as constable on 14.04.1986. He under No.860016676 as constable was promoted to the post of Lance Naik in the year 1993. In the year 1997, he met with an accident and suffered head injury as such developed neuro-psychiatric problem. He was placed under low medical category CEE(Temporary) for six months w.e.f. 12.06.1998. He had been sent to Ftr, Hospit...

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Mar 16 2016 (HC)

Zahida and Others Vs. Union of India and Others

Court : Jammu and Kashmir

(This Judgment Delivered at Srinagar Bench) Oral: One Shabir Ahmad Khan filed this petition challenging the order passed by respondent no. 2 whereunder he was removed from service. During the pendency of this writ petition the petitioner Shabir Ahmad Khan died and his legal representatives have been substituted as writ petitioners. Shabir Ahmad Khan (for short deceased ) was appointed as Constable in Central Reserve Police Force (CRPF) on 5th April, 1997. He was given Belt No. 973361401 of 5 Bn. on 3rd June, 2002. The deceased was deputed to Dett Hqr, Amarpur in the capacity of a member of SOG Platoon. The deceased was granted 60 days leave on 2nd September, 2002. The deceased before proceeding on leave deposited the ammunition except one Magzine and twenty rounds of Insas rifle. As per pleading of the deceased in the writ petition, he in hurry and mental tension, forgot to deposit one Magzine and twenty rounds of Insas rifle with the concerned authority. It is further pleaded that aft...

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Mar 10 2016 (HC)

Ashiq Hussain Farash Vs. State and Others

Court : Jammu and Kashmir

Oral: 1. Following reliefs are sought in this writ petition: In the premises it is therefore prayed that this Hon ble Court may pass an appropriate order or direction one in the nature of: Certiorari quashing the impugned communication letter to the extent of ex-gratia amount as the same is not in consonance with rules and regulations and the respondents deserve to be directed to pay ex-gratia relief of Rs. 20,00,000/- in favour of the petitioner. Certiorari to quash impugned order dated 11.11.2011 to the extent it denies ex-gratia relief of Rs. 20,00,000/- for petitioner to offer him appointment as class-IV. Mandamus commanding the respondents to offer appointment to the petitioner against class IV vacancy in any Govt. Department. 2. Despite opportunities, Reply Affidavit has not been filed till date. Even, learned counsel for the respondents, has not come up with a stand in terms of Court order dated 24th July, 2015, which is taken note of: Mr. Shah seeks and is granted three weeks ...

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Mar 09 2016 (HC)

Bujo Devi Vs. State and Others

Court : Jammu and Kashmir

1. Petitioner was owner of the land measuring 33 kanals covered by Khasra No.22 min situated at Village Rampur Tehsil Hiranagar. Vide Mutation No.66 attested under Section 4 of the Agrarian Reforms Act, 1976 (for short the Act ) on 18.01.1980 on spot in presence of the villagers, Respondent No.3-Pareeto has been found to be a tiller cultivating the land on behalf of the owner against the payment of 1/4th of the produce. Thereafter vide Mutation No.132 attested at Camp Rampur on 27.11.1999 under Section 7 of the Act, 1/4th i.e. 9 kanals and 18 marlas have been allowed to be resumed in favour of the petitioner-landlord. When infact 8 kanals and 5 marlas would be 1/4th of the total land. 2. Petitioner-ex landlord challenged the mutation No.66 attested under Section 4 of the Act on 18.01.1980 in the year 2005 by instituting an appeal captioned Bujo Devi vs. Pareeto on 15.01.2005 before the Appellate Authority i.e. Additional Deputy Commissioner with the powers of Commissioner, Agrarain Ref...

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Mar 04 2016 (HC)

Anil Sharma and Others Vs. Darshan Lal and Others

Court : Jammu and Kashmir

Oral: 1. These Revision petitions are directed against the orders dated 05.06.2009 passed by the trail court (Munsiff, Akhnoor) in two suits captioned: (i) Durga Dass vs. Anil Sharma and ors. (ii) Durga Dass vs. Krishan Lal and ors. 2. Two separate applications filed in the said two suits seeking dismissal of the suits on the count of having abated for want of substitution of legal heirs of deceased (defendant No.4 therein). 3. For appreciating the controversy in its right perspective, it shall be advantageous to notice precisely the factual background which has given rise to the Lis and to the consequential orders impugned. 4. One-Parkasho Devi (defendant No.4 in both the two suits) had sold land measuring 3 kanal and 14 marlas covered by Survey No.915 min situated at Village Gurha Brahmana, Tehsil Akhnoor vide Sale Deed dated 28.03.2005 in favour of Anil Sharma and Sushil Sharma (defendants No.1 and 2 in Suit No.1) who in turn on 01.07.2005 executed a Gift Deed for the same land in f...

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Feb 04 2016 (HC)

Ishfaq Ahmad Chopan Vs. State and Others

Court : Jammu and Kashmir

Director Agriculture vide his communication dated 18th July, 2013 directed Chief Agriculture Officer, Bandipora to fill up five number of posts, comprising of two posts of Gardner and three posts of Night Chowkidar. The respondent No.4 issued advertisement notice dated 21st August, 2013. In the said advertisement notice, two posts of Gardner and Night Chowkidar were advertised in the Open Merit Category and one post of Night Chowkidar was advertised under RBA Category. The petitioner who belong to RBA category applied for the post of Night Chowkidar under RBA category and on the basis of his merit figured at Serial No.1 of the selection list. The selection list was published in the newspaper and was submitted to Director Agriculture for his approval. The Director Agriculture accorded approval to the selection of two candidates in respect of two posts of Gardner and two posts of Night Chowkidar. The respondent No.4 was directed to re-advertise one post of Night Chowkidar for which the p...

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Feb 01 2016 (HC)

Ajay Bharti and Others Vs. Jammu Rural Bank and Another

Court : Jammu and Kashmir

1. Petitioners when working as Managers in the respondent Bank in the year 2002 have filed this petition in the year 2002 seeking quashment of the communication Nos. PSF/JRB/2001-6398 dated 19.12.2001 addressed to the Sr. Manager B/O Baspur, PSF/JRB/2001-6398 dated 19.12.2001 addressed to the Sr. Manager B/O Kirpind and PSR/JRB/2000-5708 dated 08.11.2000 addressed to the Sr. Manager B/O Dayala Chak, pursuant to which recovery of the disbursed amount under the Head Special Area Allowance has been ordered. They have further prayed that the direction may be issued in the name of the respondents so as to command them to continue to pay the Special Area Allowance to the petitioners at their respective Branches. 2. For effectual adjudication it shall be advantageous to notice precisely the factual matrix of the case. 3. The Jammu Rural Bank(respondent) has been constituted under the Regional Rural Banks Act 1976. As a matter of policy in all the regions all over the country, the Rural Banks ...

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Feb 01 2016 (HC)

Suman Lata Bhagat Vs. State and Others

Court : Jammu and Kashmir

Muzaffar Hussain Attar, J. 01. The core and fundamental issue involved in these Appeals is whether the Accountability Commission (for short Commission) is possessed of the power of initiating suo moto proceedings under the Jammu and Kashmir Accountability Commission Act, 2002 (for short Act of 2002). 02. Since the issue involved in these Appeals is common, they are, accordingly, being disposed of by this common judgement, excepting the lead case (LPA 15/2013). 03. These Appeals have arisen out of the judgement of the learned writ Court dated 04th January, 2013, passed in a batch of writ petitions, whereunder the power of the Commission, to initiate suo moto proceedings under the Act of 2002, was called in question. 04. The learned writ Court, vide aforesaid judgement, held regulation 9 of Jammu and Kashmir Accountability Commission Regulations, 2005 (for short Regulations of 2005) to be ultra vires the Act of 2002 and, accordingly, struck down the same. The learned writ court, in conse...

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