Jammu & Kashmir And Ladakh High Court Weekly Roundup: April 29 - May 5, 2024

Jahangir Ahmad Wani Vs UT Of J&K 2024 LiveLaw (JKL) 98

Fayaz Ahmed Kaloo Vs Tej Krishan Ganjoo 2024 LiveLaw (JKL) 99

Ghulam Mohammad Bhat Alias Gull Bhat Vs UT of J&K 2024 LiveLaw (JKL) 100

Abdul Hamid Khandey Vs United India Insurance Company Limited and others 2024 LiveLaw (JKL) 101

Rupen Patel Vs Union Of India 2024 LiveLaw (JKL) 102

GHULAM QADIR MIR & OTHERS Vs UT OF J&K 2024 LiveLaw (JKL) 103

Yaar Mohammad Kataria & anr V/s Union of India & ors 2024 LiveLaw (JKL) 104

Kunti Devi Vs Neelam Devi 2024 LiveLaw (JKL) 105

Judgments/Orders:

[Preventive Detention] Courts Should Respect Subjective Satisfaction Of Detaining Authority To Release Accused On Bail If Backed By Cogent Material: J&K High Court

Case Title: Jahangir Ahmad Wani Vs UT Of J&K

Citation: 2024 LiveLaw (JKL) 98

Clarifying the scope of judicial review in preventive detention cases the Jammu and Kashmir and Ladakh High Court acknowledged that courts generally should respect the "subjective satisfaction" of the detaining authority and its apprehension that the person might get bail, however, this immunity is not absolute.

The court stressed that this immunity applies only when the said subjective satisfaction is based on strong and cogent material.

J&K HC Dismisses Plea By Greater Kashmir Newspaper To Quash Defamation Proceedings For Publications Against DAV's Management Committee

Case Title: Fayaz Ahmed Kaloo Vs Tej Krishan Ganjoo

Citation: 2024 LiveLaw (JKL) 99

The Jammu and Kashmir and Ladakh High Court dismissed a petition filed by Greater Kashmir, a J&K based newspaper, seeking to quash defamation proceedings initiated against the publication for allegedly defamatory news articles concerning the DAV Management Committee.

A bench of Justice Rahul Bharti thus vacated its interim freeze order on the proceedings that had been in force since 2019.

J&K Shariat Act, 2007 Paramount In Nature, Overrides All Customary Laws Within Domain Of Personal Law Matters: High Court

Case Title: Ghulam Mohammad Bhat Alias Gull Bhat Vs UT of J&K

Citation: 2024 LiveLaw (JKL) 100

Underscoring the paramount nature of the J&K Shariat Act 2007, the Jammu and Kashmir and Ladakh High Court ruled that the J&K Muslim Personal Law (Shariat) Application Act, 2007 overrides all customary laws in personal law matters.

Upholding the order of a lower forum in terms of which it has set aside a mutation done in contravention to the Act Justice Javed Iqbal Wani observed,

“Section 2 manifestly postulate that the Act of 2007 is enjoined upon to apply the Muslim Personal Law in all cases relating to the matters specified therein notwithstanding any customs or usages to the contrary”.

Insurance Company Not Liable To Indemnify If Vehicle Owner Fails To Discharge Initial Onus Regarding Validity Of Driver's License: J&K High Court

Case Title: Abdul Hamid Khandey Vs United India Insurance Company Limited and others

Citation: 2024 LiveLaw (JKL) 101

The Jammu and Kashmir and Ladakh High Court ruled that an insurance company cannot be held liable to compensate an insured unless the vehicle owner discharges the initial burden of proving the driver's license validity.

Economic & Public Interest Valid Grounds For Initiating LOCs Provided They Are Founded On Substantial Material: J&K High Court

Case Title: Rupen Patel Vs Union Of India

Citation: 2024 LiveLaw (JKL) 102

Clarifying the scope under which Look Out Circulars (LOCs) can be issued, the Jammu and Kashmir and Ladakh High Court ruled that LOCs can be used against individuals if their departure from the country would be detrimental to the economic or public interests, provided the decision is based on substantial material.

Unregistered Agreement To Sell Doesn't Grant Ownership Rights, No Suit For Declaration Can Be Filed Based On Such Agreements: J&K High Court

Case Title: GHULAM QADIR MIR & OTHERS Vs UT OF J&K

Citation: 2024 LiveLaw (JKL) 103

Reinforcing the legal principle that an unregistered agreement to sell cannot confer any right, title, or interest in immovable property the Jammu and Kashmir and Ladakh High Court emphasised that such agreements do not grant ownership rights.

Benefits Under Central Assistance Scheme Can't Be Denied To Victims Of Terrorism Solely Because Incident Occurred Before Its Official Launch: J&K High Court

Case Title: Yaar Mohammad Kataria & anr V/s Union of India & ors.

Citation: 2024 LiveLaw (JKL) 104

The Jammu and Kashmir and Ladakh High Court ruled that victims of terrorist violence, communal clashes, left-wing extremism, cross-border firing, and mine/IED blasts cannot be denied benefits under the Central Scheme for Assistance to Civilian Victims (CSACV) solely because the incident occurred before the scheme's official launch.

Wife Attending Midnight Calls Despite Husband's Repeated Objections, Doesn't Amount to Abetment of Suicide: J&K High Court

Case Title: Kunti Devi Vs Neelam Devi

Citation: 2024 LiveLaw (JKL) 105

The Jammu and Kashmir and Ladakh High Court ruled that a wife attending calls from unknown numbers during the dead of night wouldn't constitute abetment of suicide under Section 107 of the Indian Penal Code (IPC).

Justice Sanjeev Kumar made this observation while dismissing a criminal revision petition filed by Kunti Devi, the mother of the deceased, Surinder Kumar, against the discharge of her daughter-in-law Neelam Devi from the case.