Jammu & Kashmir And Ladakh High Court Weekly Round-Up: July 03 To July 09
Nominal IndexUnion Of India Vs Altaf Ahmad Mir 2023 LiveLaw (JKL) 169State of J&K Vs Gulji Bhai & Ors 2023 LiveLaw (JKL) 170State of J&K Vs Rajinder Kumar 2023 LiveLaw (JKL) 171M/s Delton Infra Pvt. Ltd. Vs State of J&K and another 2023 LiveLaw (JKL) 172Sh. Krishan Singh Jasrotia (deceased) represented through LRs Bimla Devi and others Vs Union of India and others 2023...
Nominal Index
Union Of India Vs Altaf Ahmad Mir 2023 LiveLaw (JKL) 169
State of J&K Vs Gulji Bhai & Ors 2023 LiveLaw (JKL) 170
State of J&K Vs Rajinder Kumar 2023 LiveLaw (JKL) 171
M/s Delton Infra Pvt. Ltd. Vs State of J&K and another 2023 LiveLaw (JKL) 172
Sh. Krishan Singh Jasrotia (deceased) represented through LRs Bimla Devi and others Vs Union of India and others 2023 LiveLaw (JKL) 173
State of J&K Vs Tariq Hussain 2023 LiveLaw (JKL) 174
Raman Masih Vs State of J&K 2023 LiveLaw (JKL) 175
Ashfaq Ahmed Vs UT of J&K 2023 LiveLaw (JKL) 176
Judgments/Orders:
Case Title: Union Of India Vs Altaf Ahmad Mir.
Citation: 2023 LiveLaw (JKL) 169
The Jammu & Kashmir and Ladakh High Court while reiterating that the service conditions of a CRPF Constable (probationer) are governed by the CRPF Rules 1955 has emphasised that the Central Civil Services (CCS) Rules can only be applied if the CRPF Rules do not explicitly address a specific issue.
If a case is already covered by the CRPF Rules, there is no need to refer to the General Rules like the CCS (Temporary Service) Rules, 1965, it explained.
Case Title: State of J&K Vs Gulji Bhai & Ors.
Citation: 2023 LiveLaw (JKL) 170
The Jammu and Kashmir and Ladakh High Court upheld the acquittal of Border Security Force (BSF) personnel accused in the highly controversial Army patrol firing case that took place on the fateful night of July 16/17, 1999 during the Kargil War.
"Unfortunately, respondents have been roped in, merely on the basis of suspicion, otherwise, there is absolutely no evidence to establish that respondents had deliberately fired upon the Army patrol party", a bench of Justices Sanjay Dhar and Rajesh Sekhri observed.
Case Title: State of J&K Vs Rajinder Kumar
Citation: 2023 LiveLaw (JKL) 171
Shedding light on the criteria for compulsory retirement of government employees under the J&K Civil Services Regulations, the Jammu & Kashmir and Ladakh High Court held that the decision to retire an employee prematurely cannot be solely based on recommendations from a committee. Instead, the competent authority must independently form a bona fide opinion that the retirement is in the interest of the institution, it ruled.
Case Title: M/s Delton Infra Pvt. Ltd. Vs State of J&K and another
Citation:2023 LiveLaw (JKL) 172
The Jammu & Kashmir High Court ruled that employers cannot be forced to contribute to the Employees' Provident Fund (EPF) under both the Central Employees Provident Fund Act and the Jammu and Kashmir EPF Act for the same employee. Making duplicate contributions would amount to doubling the liability on the part of the employer, the court emphasised.
Case Title: Sh. Krishan Singh Jasrotia (deceased) represented through LRs Bimla Devi and others Vs Union of India and others
Citation: 2023 LiveLaw (JKL) 173
The Jammu & Kashmir and Ladakh High Court ordered the Home Department to constitute a fresh Departmental Promotion Committee (DPC) to consider the posthumous promotion of a late police officer to the rank of Assistant Commandant. The court's decision came after a prolonged legal battle spanning 25 years, in which the petitioner had sought rightful promotion and recognition for his service.
Case Title: State of J&K Vs Tariq Hussain.
Citation: 2023 LiveLaw (JKL) 174
Mere harassment of a wife by her husband or in-laws due to matrimonial discord or sarcastic remarks per se does not attract the offence of abetment of suicide, the Jammu & Kashmir and Ladakh High Court held.
While upholding the acquittal of a man from charges under Section 306 of the Ranbir Penal Code (RPC) after his wife set herself ablaze and died, a single bench of Justice Rajesh Sekhri observed,
"There may be various instances of matrimonial discord between husband and wife and at times wife being constantly taunted and subjected to sarcastic remarks in the house of her in-laws may be driven to commit suicide. However, such instances are normal wear and tear of a matrimonial life. In my opinion mere harassment of a wife by her husband or in-laws due to matrimonial discord or sarcastic remarks perse does not attract Section 306 of RPC (abetment of suicide)."
Case Title: Raman Masih Vs State of J&K
Citation: 2023 LiveLaw (JKL) 175
While setting aside a rape conviction handed down 17 years ago, the Jammu & Kashmir and Ladakh High Court highlighted a crucial failure on the part of the Trial Court to adhere to the mandatory procedure outlined in Section 313 of the Criminal Procedure Code.
It emphasized that convicting the appellant-accused solely based on incriminating evidence, without providing an opportunity to the appellant to address and explain that evidence, was an invalid approach taken by the trial court.
Case Title: Ashfaq Ahmed Vs UT of J&K
Citation: 2023 LiveLaw (JKL) 176
The Jammu and Kashmir High Court slammed a District Magistrate for wrongly mentioning the name of detenu in the operative part of the preventive detention order issued under the J&K Public Safety Act and issuing a "so-called" corrigendum after detention