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VINOD CHATERJI KOUL
Shahzada Iqbal – Appellant
Versus
State of J. & K. – Respondent
JUDGMENT :
1. This Civil Second Appeal is preferred against judgement/order dated 27th March 2018, passed by Principal District Judge, Anantnag (for short “First Appellate Court”) on a Civil First Appeal, bearing File no.02/Appeal, titled as Shahzada Iqbal v. State of J&K and others, as also against the judgement and decree dated 6th February 2015, passed by Sub Judge, Anantnag (for short “Trial Court”) on a civil suit titled as Anjum Showkat v. State of J&K and others, and for setting aside the same.
2. I have heard learned counsel for parties and considered the matter.
3. A civil suit titled as Anjum Showkat v. Commissioner and others, was filed by respondent no.5 herein before the Trial Court, in which present appellant was not a party defendant, which was decreed vide judgement/order dated 6th February 2015. As an aggrieved person, present appellant filed an Appeal before the First Appellate Court. The appeal did not succeed. So, the instant Civil Second Appeal is against concurrent findings.
4. According to counsel for appellant, following are the substantial questions of law for deciding the appeal in hand:
(2) The impugned orde
The procedures under the Code of Civil Procedure are essential for the administration of justice in suits involving the government.
The court ruled that the Government's ban on ReT engagements rendered the Writ Petition infructuous, emphasizing adherence to prior court judgments regarding residency qualifications.
The High Court must frame substantial questions of law in second appeals; failure to do so, along with improper service, constitutes a miscarriage of justice.
The distinction between the selection and appointment processes, and the effect of policy decisions on the implementation of court orders.
The Executive cannot apply executive orders with retrospective effect to take away vested or accrued rights. The closure of the ReT Scheme was found to be in the public interest, and the impugned Gov....
The court's decision was influenced by the non-compliance with orders, the age of the case, and the lack of merit in the Second Appeal.
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