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Nov 18 2015 (HC)

Union of India, Through Commandant Vs. Kishori Lal and Others

Court : Jammu and Kashmir

N. Paul Vasanthakumar, C.J. 1. This appeal is filed against the order of the learned Single Judge dated 10.11.2000 made in SWP No.2767/1999 wherein the learned Single Judge has allowed the writ petition filed by the respondents numbering 77 and giving direction to prepare some scheme for absorption of the respondents and till such time the services of the respondents, who are in service, are not brought to an end. 2. The case of the respondents before the Writ Court was that they were engaged by the appellant as causal labourers, depending on the work of the Depot for unloading /loading of stores received by Rail and they are paid daily rate salary as fixed by the Labour Commissioner and they having been engaged as daily wagers for a specific work/task they can seek for regularization. The learned Single Judge, considering the fact that the respondents were engaged for several years, issued directions to frame some scheme for absorption of the respondents, considering the fact that SRO...

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Nov 18 2015 (HC)

Oriental Insurance Company Ltd. Vs. Shiv Devi and Others

Court : Jammu and Kashmir

1. Seventeen appeals have been filed by the Insurance Company from equal number of judgment and awards passed by the learned Motor Accidents Claims Tribunal, Doda (for short, the Tribunal). One [(c) No. 35/2011], however, is a cross-appeal in CIMA No. 262/2006. 2. Heard. I have perused the record. 3. Seventeen Claim applications were filed either by legal representatives of the persons, who died, or by the persons, who suffered injuries, in a road traffic accident that occurred on 30.11.2002. Vehicle involved in the accident was a passenger vehicle (matador) bearing registration No. JK06-602. Learned Tribunal after inquiry in each claim application found that the accident occurred due to rash and negligent driving of the driver of the offending vehicle. Learned Tribunal assessed the compensation payable to the claimants and foisted liability of paying the compensation on the appellant with whom the offending vehicle as at the relevant time was insured for third party risk. 4. Appellant...

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Nov 05 2015 (HC)

Mohd Rashid Vs. State of JandK

Court : Jammu and Kashmir

Kotwal, J. 1. Appellant is alleged to have kidnapped a minor daughter of PW Abdul Rehman from his rented accommodation at Rani Talab, Jammu, raped her and committed her murder on 28.08.2005. In this regard crime No. 144/2005 was registered with Police Station, Pacca Danga, Jammu. Appellant was charge-sheeted and tried for commission of offences punishable under sections 363, 376 and 302 RPC. Learned trial court vide judgment dated 13.03.2014 found the appellant guilty and convicted him under aforementioned sections and vide order dated 27.03.2014 sentenced him to death in proof of offence under section 302 RPC, rigorous imprisonment for life and to pay fine of Rs. 10,000/- in proof of offence under section 376 and to rigorous imprisonment for seven years and to pay fine of Rs. 2,000/ in proof of offence under section 363 RPC. 2. Appellant is in appeal against his conviction and sentence. One of the grounds on which conviction and sentence have been questioned is the juvenility of the a...

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Oct 29 2015 (HC)

Mst. Syeda Begum Vs. State of Jammu and Kashmir through Commissioner/S ...

Court : Jammu and Kashmir

(This Judgment Delivered at Srinagar Bench) N. Paul Vasanthakumar, C.J. 1. This writ petition is filed praying for issuing writ of mandamus directing the respondents to release the sanctioned ex-gratia amount of Rs. 75,000/- and other benefits as may be released under the Disaster Management Act and Rules framed there under in the face of flood which submerged the petitioner s house at Ziyarat Batamalloo on 07.09.2014 by quashing the order dated 15.06.2015, recommending to reject the claim of the petitioner on the ground that petitioner s house remained locked from prior to 1998 till date. 2. It is the specific case of the petitioner that she is permanent resident of JandK State and she is the owner and in actual physical possession of the house bearing No. 128/3 Book No. 1083475, Ziyarat Batamalloo Srinagar which got fully damaged on 07.09.2014 due to unprecedented floods. The house was submerged for over a period of two weeks. The said fact was verified by the SHO Police Station Bata...

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Oct 27 2015 (HC)

Karwani Islami Through its Chairman, Shiekh Ghulam Rasool Hami Vs. Sta ...

Court : Jammu and Kashmir

(This Judgment Delivered at Srinagar Bench) N. Paul Vasanthakumar, C.J. 1. This Public Interest Litigation is filed by Karwani Islami which is a registered society bearing registration No. 5949-S of 2010 under the Societies Registration Act of 1998 ( 1941 AD), contending that the State of Jammu and Kashmir has failed to take necessary steps for prohibition of sale and consumption of liquor in the State of Jammu and Kashmir due to which the health of the residents of the State is effected and various social evils are taking place and many human beings have lost their lives due to drunken driving and sexual offences are on the rise. It is further contended in the affidavit that due to the availability of liquor and consumption of the same the health of the residents is very much effected which the State is bound to protect under Article 21 of the Constitution of India. It is also the contention of the petitioner that Article 47 of the Constitution of India and Section 24 of the Constitut...

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Oct 16 2015 (HC)

Parimoksh Seth and Another Vs. State of Jammu and Kashmir and Others

Court : Jammu and Kashmir

(This judgment delivered at Srinagar Bench) Muzaffar HussainAttar, J. 1. Two Division Benches of this Court, in seisn of two petitions, were called upon to decide one issue, by making diametrically opposite prayers. 2. In PIL No.24/2014 prayer is made to implement the provisions of Section 298-A, 298-B and 298-C of Ranbir Penal Code, Svt. 1989 (1932 AD) (for short RPC). 3. In OWP No.1648/2015 prayer is made to scrap these provisions and declare them illegal and unconstitutional. 4. This bench is constituted in sequel to order of Supreme Court dated 05.10.2015, passed in petition for Special Leave to appeal (c) Nos. 28451-28452/2015, to hear and decide the aforesaid two petitions. 5. In WPPIL No.24/2014, the petitioner has prayed for issuance of appropriate writ, order or direction in the nature of mandamus commanding the respondents to put in place the strong mechanism for prevention of cow slaughtering in the State of Jammu and Kashmir by directing all the concerned authorities to ini...

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Oct 15 2015 (HC)

Sher-e-Kashmir Institute of Medical Sciences Soura, Srinagar through i ...

Court : Jammu and Kashmir

N. Paul Vasanthakumar, CJ. 1. These appeals are filed against the order dated 24.09.2015 made in OWP No. 1445/2015, allowing the writ petition filed by the 1st respondent in both these appeals, challenging the selection and admission of the 4th respondent in DM Gastroenterology course for the session n 2015 at SKIMS (Deemed University), Srinagar. The University has filed LPA No. 222/2015 and the 4th respondent, whose selection and admission was cancelled has filed LPA No. 212/2015. 2. The fact leading to filing of the writ petition before this Court by the 1st respondent was that he was selected to undergo the Doctorate of Medicines in the discipline of Gastroenterology on the basis of his higher merit secured by him in the entrance examination both in theory and practical conducted by the SKIMS which is a deemed University. Applications were invited by the appellant-University by notification dated 22.05.2015. The 1st respondent as well as the 4th respondent in LPA No. 222/2015, among...

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Oct 14 2015 (HC)

Jammu and Kashmir Peoples Forum through its Secretary General M.M. Shu ...

Court : Jammu and Kashmir

(This Judgment Delivered at Srinagar Bench) N. Paul Vasanthakumar, C.J. 1. This writ petition is filed by the Jammu and Kashmir Peoples Forum focusing the grievance that in the State of Jammu and Kashmir the State Human Rights Commission has become non-functional from 29.06.2014 as the Government of Jammu and Kashmir has failed to appoint the Chairperson and members of the State Human Rights Commission for one reason or the other and a direction is sought for commanding the State to take steps for making the appointment of Chairperson and four members of the JandK State Human Rights Commission. 2. It is the contention of the petitioner, which is a nongovernment organization registered by virtue of a trust deed dated 31.01.2013 with an object of protection of Human Rights, that the State Legislature has enacted the Jammu and Kashmir Protection of Human Rights Act, 1997 ( Act. No. XV of 1997) which was notified vide SRO 1 dated 01.01.1999. As per the said Act, one Chairperson and 4 membe...

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Oct 09 2015 (HC)

Ashok Kumar and Others Vs. State of JandK and Others

Court : Jammu and Kashmir

Massodi, J. 1. Controversy raised in writ petitions on hand stands crystallised by learned Single Judge as under: Whether in light of the Apex Court judgment in Indra Sawhney v. Union of India, 1992 Suppl (III) SCC 217 which prohibits reservation in matters of promotion, provisions of the Jammu and Kashmir Reservation Act, 2004 and the rules framed thereunder can be enforced in the absence of the applicability of Art. 16 (4A) of the Constitution of India to the State of JandK. 2. Dispute, as bare look on the issue identified would reveal, relates to right of Reserved Category Government servants, to accelerated promotion provided under Section 6, JandK Reservation Act, 2004 read with Rule 9 and 34, JandK Reservation Rules, 2005 (for short Reservation Act and Rules ). The facts fall in a narrow compass, though issue raised reflects an important question of law. It is pertinent to point out that all these petitions were considered by learned Writ Court. However, at the request of learne...

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Oct 06 2015 (HC)

Dr. Imtiyaz Ahmad Magray Vs. Dr. Mohammad Arif Lone and Others

Court : Jammu and Kashmir

(This Judgment Delivered at Srinagar Bench) N. Paul Vasanthakumar, C.J. 1. This appeal is filed against the order made in SWP No. 940/2015 dated 13.08.2015 wherein the learned Single Judge has allowed the writ petition filed by the 1st respondent challenging the appointment of the appellant in the tenure post of Registrar (Prosthodontics) in Government Dental College, Srinagar and directed to engage the 1st respondent herein in the tenure post of Registrar at an earliest. 2. The case of the 1st respondent before the learned Single Judge was that applications were invited on 23.08.2014 to fill up the tenure posts of Registrar in Government Dental College and Hospital, Srinagar. The 1st respondent as well as the appellant herein applied for one tenure post of Registrar (Prosthodontics). As the Post Graduate Degrees of both the candidates were not approved by the Dental Council of India, the selection committee could not award marks for MDS qualification and recommended for re-advertiseme...

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