Jammu & Kashmir And Ladakh High Court Annual Digest: Part II Citation [ 175 - 356]

Employer Not Obligated To 'Launch Manhunt Across Globe For Absconding Employees': J&K High Court Upholds Dismissal Of CRPF Constable

Case Title: MOHAMMAD SHAHBAZ MIR VS UNION OF INDIA.

Citation: 2024 LiveLaw (JKL) 175

Emphasising that an employer is not expected to launch a manhunt for an absconding employee across the globe the Jammu and Kashmir and Ladakh High Court upheld the dismissal of a constable with the Central Reserve Police Force (CRPF), who had challenged his termination from service.

Case Diaries Must Be Made Available Immediately After Filing Bail Application To Facilitate Decisions From First Hearing Itself: J&K High Court

Case Title: Gorav Sayal Vs UT of J&K

Citation: 2024 LiveLaw (JKL) 176

The Jammu & Kashmir and Ladakh High Court emphasised that case diaries should be promptly available following the filing of bail applications to facilitate decisions on the first hearing itself.

Observing that bail applications should ideally be decided on the first date of hearing by this Court a bench of Justice Atul Sreedharan underscored,

“The same is possible only if the case diary is made available for the scrutiny by the Court on the very first date of hearing”.

Non-Response To Demands Invalidates Invocation of Mutual Negotiations Clause in Arbitration Agreements: Jammu & Kashmir High Court

Case Title: Ramtech Software Private Limited Vs Ut Of J&K And Another

Citation: 2024 LiveLaw (JKL) 177

The Jammu and Kashmir High Court bench of Chief Justice N. Kotiswar Singh held that if a party didn't respond to the demands and requests made by the other party, it can't invoke the part of the arbitration clause that such disputes and differences shall be an endeavoured to be resolved by mutual negotiations as a condition precedent for invoking the arbitration clause.

Authorities Obligated To Promptly Consider Detenu's Right To Representation Under Article 22 Of Indian Constitution: J&K High Court

Case Title: Manzoor Ahmad Yatoo Vs UT of J&K

Citation: 2024 LiveLaw (JKL) 178

Quashing a preventive detention order the Jammu and Kashmir and Ladakh High Court highlighted that the right to representation for a detenu is a guaranteed right under Article 22 of the Indian Constitution which imposes an obligation on authorities for its prompt consideration.

Delayed Trial, Violation Of Article 21 Rights: J&K High Court Grants Bail To Ex-Cop Accused Of Killing Man Falsely Projected As Terrorist

Case Title: Bansi Lal Vs UT of J&K

Citation: 2024 LiveLaw (JKL) 179

The Jammu and Kashmir and Ladakh High Court granted bail to Bansi Lal, a 56-year-old former police officer, who had been in judicial custody for almost 18 years.

The order, passed by Justice Atul Sreedharan, highlighted the prolonged delay in the trial, describing it as a clear violation of Article 21 of the Indian Constitution, which guarantees the right to a speedy trial.

Dismissal Of Complaint For Non-Prosecution Is Final Order, Magistrates Lack Inherent Powers To Restore Such Cases: J&K High Court

Case Title: Mehraj ud din Andrabi Vs Zia Darakshan

Citation: 2024 LiveLaw (JKL) 180

The High Court of Jammu & Kashmir and Ladakh asserted that a Magistrate cannot exercise inherent jurisdiction to restore a complaint once dismissed due to the complainant's non-appearance.

A bench comprising Justice Vinod Chatterji Koul has declared that such dismissals are final orders, emphasizing the absence of any provision in the Code of Criminal Procedure (Cr.P.C.) that confers this power on the Trial Court.

Using “Security Of State” As Grounds To Detain Person In A Union Territory Is Valid Exercise Of Detaining Authority's Power: J&K High Court

Case Title: Yawar Ahmad Malik Vs UT of J&K

Citation: 2024 LiveLaw (JKL) 181

The Jammu and Kashmir and Ladakh High Court affirmed that using "Security of State" as a ground for detaining a person in a Union Territory is a valid exercise of the detaining authority's power.

Dismissing an appeal against a single bench judgment that dismissed a habeas corpus plea a bench comprising Chief Justice N Kotiswar Singh and Justice Moksha Khajuria Kazmi explained,

“There is no doubt that the definition of State as contained in [Section 3 (58) of General Clauses Act, 1897] includes Union Territory. The term, “all local or other authorities within the territory of India or under the control of the Government of India” comprises States and Union Territories”.

Comprehensive Proof Of Talak By Husband With Efforts For Reconciliation Is Essential To Avoid Maintenance Obligations: J&K High Court

Case Title: Fayaz Ahmad Wani Vs Mst Hameeda

Citation: 2024 LiveLaw (JKL) 182

The Jammu and Kashmir and Ladakh High Court ruled that a husband cannot evade his obligation to maintain his wife merely by claiming to have divorced her.

Justice Vinod Chatterji Koul emphasized that the husband must not only prove the pronouncement of Talaak or the execution of a divorce deed but must also demonstrate that sincere efforts were made by both parties' representatives to reconcile their disputes. Failure of such efforts, without any fault of the husband, must be convincingly established.

Temple Properties Vest In The Deity: J&K High Court Directs Anantnag Deputy Commissioner To Take Over Management Of Two Temples

Case Title: MAHANT GANESH DASS JI V/s STATE OF JK AND ANOTHER (REVENUE DEPARTMENT)

Citation: 2024 LiveLaw (JKL) 183

Aiming to ensure an effective and peaceful management of Shri Raghu Nath Mandir and Nagbal Gautam Nag Temple in Anantnag, the Jammu and Kashmir and Ladakh High Court directed the Deputy Commissioner (District Magistrate) of Anantnag to assume control over the management of these temples and their properties.

The directions to this effect were passed by a bench comprising Justices Sanjeev Kumar and M.A. Chowdhary, while addressing conflicting claims of management of these temples.

J&K High Court Cautions Against Routine Quashing Of FIRs On Settlement Between Parties, Cites Larger Effect On Society

Case Title: Rajinder Kumar and others Vs UT of J&K

Citation: 2024 LiveLaw (JKL) 184

The Jammu and Kashmir and Ladakh High Court cautioned that an FIR and the consequent charge-report resulting from an investigation cannot be quashed routinely under Section 482 of the Code of Criminal Procedure merely because the parties have settled their differences.

Raising an alarm of watchfulness Justice Mohammad Yousuf Wani reasoned,

“In case the FIRs and the criminal cases culminating from the investigations are allowed to be quashed at the wish of the complainants and/or accused, the criminal justice system is likely to become a causality and the society at large will have to bear the consequences”.

Employees Appointed In Violation Of Articles 14 & 16 Can Be Disengaged Without Hearing: J&K High Court

Case Title: Shameem Ahmad Shah Vs UT of J&K

Citation: 2024 LiveLaw (JKL) 185

The Jammu and Kashmir and Ladakh High Court held that employees appointed in contravention of Articles 14 and 16 of the Constitution can be disengaged without the necessity of affording them an opportunity to be heard.

S. 233 CrPC | Denying Accused's Right To Adduce Evidence Amounts To Denial Of Fair Trial: J&K High Court

Case Title: Mohammad Sultan Najar Vs UT of J&K

Citation: 2024 LiveLaw (JKL) 186

The Jammu and Kashmir High Court ruled that denying an accused the right to adduce evidence constitutes a denial of a fair trial. The order overturned an earlier decision by the Fast Track Court POCSO, Srinagar, which had rejected the accused's application to summon defense witnesses.

O.37 R.3 CPC | Defendant Not Obliged To Apply For Leave To Defend Without Service of Summons: J&K High Court

Case Title: Nisar Ahmad Rather Vs Tahir Ahmad Reshi

Citation: 2024 LiveLaw (JKL) 187

Quashing an ex parte judgment passed by the 4th Additional District Judge, Srinagar, in a case where the defendant was not served with a summons for judgment the Jammu and Kashmir and Ladakh High Court ruled that a defendant is only obligated to apply for leave to defend a suit after being served with a summons for judgment.

Principal Employer Liable To Compensate For Worker's Death Even If He Is Engaged Through Contractor: J&K High Court

Case Title: State through Executive Engineer PHE Division, Doda Vs Sakina Begum

Citation: 2024 LiveLaw (JKL) 188

Upholding the principles of the Employees' Compensation Act, 1923, the Jammu and Kashmir and Ladakh High Court ruled that the principal employer is liable to compensate the accidental death of a worker engaged by a contractor.

Admissions Of Liability Made Outside Of Court Under Pressure Cannot Be Sole Basis To Determine Fact Of Issue: J&K High Court

Case Title: Din Mohd Vs Shokat Ali

Citation: 2024 LiveLaw (JKL) 189

Shedding light on significant aspects of civil procedure and the burden of proof in civil trials the Jammu and Kashmir and Ladakh High Court ruled that admissions of liability made outside of court under pressure cannot be the sole basis for deciding a civil case.

FIR Not Appropriate Remedy For Addressing Disobedience Of Injunction Order, Recourse Under O.39 R.2A CPC Applicable : J&K High Court

Case Title: Ghulam Mohiudin Lone Vs UT of J&K

Citation: 2024 LiveLaw (JKL) 190

The Jammu and Kashmir and Ladakh High Court declared that the appropriate approach to address the disobedience or breach of an injunction order is through Order 39 Rule 2-A of the CPC, rather than the registration of an FIR.

J&K High Court Imposes 10K Cost On DM Jammu For 'Unjustifiable' Preventive Detention Order

Case Title: Surjeet Singh Vs UT of J&K

Citation: 2024 LiveLaw (JKL) 191

The High Court of Jammu & Kashmir and Ladakh sharply criticized a preventive detention order issued under the Jammu and Kashmir Public Safety Act, 1978, and imposed a ₹10,000 fine on the District Magistrate Jammu, personally, citing "unjustifiable" grounds for the detention.

Disputes Predominantly Civil But Involving Elements Of Criminality Not Automatically Excluded From Arbitration: Jammu and Kashmir High Court

Case Title: M/s Tata Power Solar vs UT of J&K and Ors.

Citation: 2024 LiveLaw (JKL) 192

The Jammu and Kashmir High Court bench of Chief Justice N. Kotiswar Singh held that a dispute predominantly civil but involving elements of criminality is not automatically excluded from arbitration.

S. 67 NDPS Act | Additional Evidence Essential Before Acting Upon Co-Accused's Confession: J&K High Court

Case Title: Union Of India Vs Ravinder Singh

Citation: 2024 LiveLaw (JKL) 193

The Jammu and Kashmir and Ladakh High High Court underscored the necessity of corroborative evidence alongside confessional statements under Section 67 of the NDPS Act for the prosecution to establish a case against the accused.

Special Police Officers Don't Hold Civil Posts Regulated By Statutory Rules, Not Entitled To Service Conditions Of Regular Officers: J&K High Court

Case Title: AIJAZ RASHID KHANDAY Vs STATE OF J&K AND OTHERS

Citation: 2024 LiveLaw (JKL) 194

The Jammu and Kashmir and Ladakh High Court ruled that Special Police Officers (SPOs) do not hold civil posts regulated by statutory rules and hence are not entitled to the powers, privileges, and protections relating to service conditions extended to regular police officers.

Drugs & Cosmetics Act | No Prosecution For Seeking Information U/S 18-A When It Is Already Available With Drug Inspector: J&K High Court

Case Title: Syed Sareer Ahmad Andrabi Vs Union of India

Citation: 2024 LiveLaw (JKL) 195

Quashing a criminal complaint under Section 18-A of the Drugs & Cosmetics Act the Jammu and Kashmir and Ladakh High Court observed that once the information required under the Section is already available with the Drug Inspector, demanding the same from the non manufacturer/ agent becomes redundant, thereby rendering prosecution legally untenable.

Ocular Witnesses Not Expected to Have Photographic Memory, Minor Inconsistencies Must Be Ignored: J&K High Court

Case Title: LAKHBIR SINGH & ORS Vs State of J&K

Citation: 2024 LiveLaw (JKL) 196

The Jammu and Kashmir and Ladakh High Court underscored that ocular witnesses are not expected to possess photographic memories capable of recalling every detail of an incident.

The court emphasised that minor contradictions and inconsistencies in witness testimonies should be disregarded if they do not affect the material aspects of the case.

S.143A NI Act | Application Of Mind, Consideration Of Certain Factors By Magistrate Essential To Decide Quantum Of Interim Compensation: J&K High Court

Case Title: MUJEEB UL ASHRAF DAR Vs MUSHTAQ AHMAD WANI

Citation: 2024 LiveLaw (JKL) 197

Quashing an order of the Judicial Magistrate 1st Class (1st Additional Munsiff), Srinagar, for granting interim compensation under Section 143-A of the Negotiable Instruments Act (NI Act) the Jammu and Kashmir and Ladakh High Court emphasised on the proper application of mind on part of the Magistrate to decide the interim compensation.

CPC | Nature Of Issues Crucial To Attract Applicability Of Section 10, Not Nature Of Relief Sought: J&K High Court

Case Title: ABDUL MAJID KIRMANI & ANR. Vs BILAL AHMAD KIRMANI

Citation: 2024 LiveLaw (JKL) 198

Emphasising the importance of the nature of issues in civil suits the Jammu and Kashmir and Ladakh High Court ruled that its not the nature of relief being sought but the nature of issues which are involved in the two suits that are crucial to attract applicability of Section 10 of the CPC.

Writ Petitions Do Not Lie Against Show Cause Notices Unless It Transcends Jurisdiction, Is Issued With Premeditated Mind: J&K High Court

Case Title: Kamran Ali Khan Vs State of J&K

Citation: 2024 LiveLaw (JKL) 199

Quashing an order of cancellation of a lease deed after issuing a premeditated show cause notice the Jammu and Kashmir and Ladakh High Court emphasised that a writ petition does not ordinarily lie against a show cause notice unless it is issued with a premeditated mind.

Employees Compensation Act | Admission Of Appeal Challenging Compensation Award Subject To Raising Substantial Questions Of Law: J&K High Court

Case Title: National Insurance Company Vs Zahoor Ahmad Sofi

Citation: 2024 LiveLaw (JKL) 200

The Jammu & Kashmir and Ladakh High Court held that the scope of an appeal against an award passed under the Employees Compensation Act is significantly limited, being permissible only if a substantial question of law is involved.

CRPF Rules | Essential To Establish Actual Service Of Notice To Delinquent Personnel Before Ordering Dismissal From Force: J&K High Court

Case Title: JAVAID AHMAD KUMAR Vs UNION OF INDIA

Citation: 2024 LiveLaw (JKL) 201

The Jammu & Kashmir and Ladakh High Court ruled that it is essential to establish proof of “actual service of notice” to delinquent personnel before ordering their dismissal from the force.

Arbitration Award Attains Status Of Civil Court Decree After Three Months If No Challenge Is Posed: J&K High Court

Case Title: Union Of India Vs M/s Onkar Nath Bhalla and Sons Contractor Pvt. Ltd.

Citation: 2024 LiveLaw (JKL) 202

Emphasising the significance of the amended Section 36 of the Arbitration and Conciliation Act, which allows for the enforceability of non-stayed awards the Jammu and Kashmir and Ladakh High Court ruled that an arbitration award attains the status of a civil court decree after three months if no challenge is posed.

Any attempt To Modify Award Under Section 34 is not permissible: J&K High Court

Case Title: UT of J&K Vs M/s Hindustan Constructions Co. Limited and others

Citation: 2024 LiveLaw (JKL) 203

The Jammu & Kashmir and Ladakh High Court set aside a judgment from a subordinate court modifying an arbitral award while underscoring that under Section 34 of the J&K Arbitration and Conciliation Act, 1997, courts lack the authority to modify arbitral awards and can only either uphold or set aside the awards.

[DV Act] Arrest Warrants Unjustified In Domestic Violence Cases Since Proceedings Are Civil In Nature: J&K High Court

Case Title: KAMRAN KHAN AND & ORS. Vs BILKEES KHANAM

Citation: 2024 LiveLaw (JKL) 204

A bench of Justice Sanjay Dhar while hearing a petition challenging the issuance of such warrants, observed that proceedings under the Protection of Women from Domestic Violence Act (DV Act) are inherently civil in nature and not criminal.

NI Act | Unless Accused Pleads Not Guilty, Interim Compensation U/S 143-A Cannot Be Granted: J&K High Court

Case Title: Mubashir Manzoor Vs Mushtaq Ahmad Wani

Citation: 2024 LiveLaw (JKL) 205

The Jammu and Kashmir and Ladakh High Court quashed three orders passed by the Chief Judicial Magistrate, Srinagar, awarding interim compensation to a complainant under Section 143-A of the Negotiable Instruments Act (NI Act). The Court held that interim compensation can be granted only after the accused pleads not guilty to the accusation and the Magistrate applies his mind to relevant factors.

S.34 Drugs & Cosmetics Act | Proof Of Actual Responsibility Of Company At Time Of Offence Crucial To Attract Culpability: J&K High Court

Case Title: Sandeep Vijh Vs State through Drug Inspector Baramulla

Citation: 2024 (JKL) 206

Quashing a criminal complaint under the Drugs and Cosmetics Act the Jammu and Kashmir and Ladakh High Court ruled that not every person connected with the company may fall within the ambit of the provisions of section 34 of the Act of 1940.

Court Can Invoke Power Of Review To Correct Inadvertent Errors, Misrepresentation Even After Judgement Is Pronounced: J&K High Court

Case Title: Mehrajud Din Ganie and others Vs Mst. Mymoona and others

Citation: 2024 LiveLaw (JKL) 207

The Jammu & Kashmir and Ladakh High Court ruled that once a judgment is pronounced or an order is made, the court becomes “functus officio”, meaning it loses control over the matter, and the judgment or order becomes final, however, with the doctrine of review standing as an exception to this rule.

Bail Plea Of Man Who Ran Property Scam By Posing As Co-Producer Of 'Bahubali' Film

Case Title: Mr. Nagraj V Vs UT of J&K

Citation: 2024 LiveLaw (JKL) 208

The Jammu and Kashmir and Ladakh High Court dismissed the bail application of Nagraj V., a self-proclaimed entrepreneur and industrialist, who has been embroiled in a Rs 1 crore scam involving fraudulent property transactions.

Leave Granting Authority Can Call For Second Medical Opinion Before Deciding On Genuineness Of Employee's Medical Leave: J&K High Court

Case Title: BASHIR AHMAD WANI Vs J&K FOREST DEVELOPMENT CORPORATION & OTHERS

Citation: 2024 LiveLaw (JKL) 209

While setting aside an order treating the absence of an employee as unauthorised and directing for its regularization, the Jammu and Kashmir and Ladakh High Court emphasized that the competent authority has the option to secure a second medical opinion before concluding on the genuineness of medical leave.

Court's Inherent Powers Not Boundless, Expressions Such As 'Abuse Of Process' Or 'Securing Ends Of Justice' Don't Grant Unlimited Jurisdiction: J&K High Court

Case Title: Mohammad Akram Rather and Ors Vs UT through Director General of Police and Ors.

Citation: 2024 LiveLaw (JKL) 210

Emphasising that the inherent powers under Section 482 of the Criminal Procedure Code (CrPC) are not boundless the Jammu and Kashmir and Ladakh High Court clarified that expressions such as “abuse of process of law” or “to secure the ends of justice” do not grant the High Court unlimited jurisdiction.

Proving Intent For Issuing Cheque Not Required U/S 138 NI Act, But Is Essential For Prosecution U/S 420 IPC: Jammu & Kashmir High Court

Case Title: Gulzar Ahmad Malik Vs Tariq Ahmad Parray and another

Citation: 2024 LiveLaw (JKL) 211

The Jammu & Kashmir and Ladakh High Court delivered a judgment quashing a complaint against a petitioner under Section 138 of the Negotiable Instruments Act, 1881 stating that the intent at the time of issuance of the cheque does not need to be proven for Section 138, whereas it is vital for Section 420 IPC.

Minor Staying With Father Cannot Be Termed Illegal Confinement, Not Proper To Assume Only Mother Is Important For Child: J&K High Court

Case Title: Fayaz Ahmad Mir Vs Nighat Nasreen

Citation: 2024 LiveLaw (JKL) 212

Underscoring the paramount importance of both parents in a child's life, the Jammu and Kashmir and Ladakh High Court severely reprimanded a magistrate for illegally ordering the custody of a minor child to the mother under Section 97 of the CrPC.

Defamatory Statements In Pleadings Or Petitions Amount To Publication Under Section 499 IPC: Jammu & Kashmir High Court

Case Title: Satya Prakash Arya Vs Syed Abid Jalali

Citation: 2024 LiveLaw (JKL) 213

The Jammu & Kashmir and Ladakh High Court ruled that defamatory statements made in court pleadings amount to publication and can form the basis for the prosecution of such client for an offence under Section 499.

"Creating False Equivalence & Illusion": High Court Orders Fresh Promotion Test For J&K Banking Associates, Declares Current Process Unfair

Case Title: Javeed Ahmad Sheikh and others Vs J&K Bank

Citation: 2024 LiveLaw (JKL) 214

Reiterating that inequals cannot be treated equally, the Jammu and Kashmir and Ladakh High Court ruled the selection process for Banking Associates under the Seniority cum Selectivity channel to be illegal and arbitrary.

The court has further directed the J&K Bank to conduct a fresh eligibility screening test for the petitioners, who are non-IBPS Banking Associates.

Issuing Summons In Defamation Cases Cannot Be A Mechanical Exercise, Requires Proper Application Of Mind: J&K High Court

Case Title: Manju Bhat Vs Dr Amit Wanchoo

Citation: 2024 LiveLaw (JKL) 215

The Jammu and Kashmir and Ladakh High Court has underscored the crucial role of magistrates in applying their minds judiciously before issuing processes in criminal complaints, especially those pertaining to defamation.

S.471 RPC | Fraudulent Use Of Forged Documents Is Punishable Even If Not Personally Forged By Accused: Jammu & Kashmir High Court

Case Title: Abdul Rashid Bhat Vs State of J&K

Citation: 2024 LiveLaw (JKL) 216

The Jammu and Kashmir and Ladakh High Court ruled that individuals can be held guilty under Section 471 of the Ranbir Penal Code (RPC) for using forged documents as genuine, even if they did not personally forge the document.

Even Though Writ Petitions Have No Limitation Period, They Must Be Filed Within Reasonable Time: J&K High Court Dismisses Plea Filed After 26 Yrs

Case Title: MOHAMMAD ABDULLAH CHOWDHARY Vs J&K SMALL SCALE INDUSTRIES DEV. CORPORATION AND OTHERS

Citation: 2024 LiveLaw (JKL) 217

The Jammu and Kashmir and Ladakh High Court ruled that filing representations on stale matters or those barred by limitation cannot create a fresh cause of action or revive a dead claim, even if these representations are considered by competent authorities or the Court directs their consideration.

Proceedings U/S 138 N.I. Act Justified In Cases Arising From Commercial Transactions Regardless Of Their Civil Nature: J&K High Court

Case Title: Abdul Rashid Yatoo Vs Abdul Gani Malik

Citation: 2024 LiveLaw (JKL) 218

The Jammu and Kashmir and Ladakh High Court ruled that proceedings under Section 138 of the Negotiable Instruments Act (N.I. Act) are justified in cases stemming from commercial transactions, regardless of the civil nature of the underlying transaction.

Dialogue Between Accused And Court Is Essential For Fair Trial: J&K High Court Sets Aside Conviction, Orders Retrial

Case Title: Nazir Ahmad Mir Vs State of J&K

Citation: 2024 LiveLaw (JKL) 219

Underscoring the importance of a robust dialogue between the accused and the court during a criminal trial the Jammu and Kashmir and Ladakh High Court emphasised that the non-compliance with JSection 342 (Pari Materia with Sec 313 of CrPC 1973) of the Criminal Procedure Code (CrPC) had prejudiced the accused and necessitated a retrial.

Past Cohabitation Sufficient To Establish Domestic Relationship Under Domestic Violence Act: J&K High Court

Case Title: Abdul Qayoom Mugloo Vs Irfana & Ors

Citation: 2024 LiveLaw (JKL) 220

The Jammu & Kashmir and Ladakh High Court ruled that a domestic relationship under the Domestic Violence Act (DV Act), can be established through past cohabitation, and current cohabitation is not a requirement for the same.

Mother Being A Working Lady Does Not Absolve Father Of Maintenance Responsibilities Towards Children: J&K High Court

Case Title: Bashir Ahmad Sheikh Vs Mehran Ibn Bashir and Ors

Citation: 2024 LiveLaw (JKL) 221

The Jammu & Kashmir and Ladakh High Court ruled that a father is obligated to maintain his children, even if the mother is employed, reaffirming that a father's financial responsibilities towards his children remain intact irrespective of the mother's employment status.

'Unsuccessful Bidders Making Mountains Out Of Molehills': J&K High Court Dismisses Plea Challenging Tender Of Rooftop Solar Schemes

Case Title: R6 Technologies Private Vs UT of J&K

Citation: 2024 LiveLaw (JKL) 222

The Jammu and Kashmir and Ladakh High Court dismissed a challenge to the Rooftop Solar Schemes (RTS) tender process. In a strong rebuke, the court rejected claims made by unsuccessful bidders who had exaggerated minor technical or procedural issues to justify judicial intervention.

Enterprises Engaged In Hazardous Activities Strictly Liable For Accidents: J&K HC Orders ₹20 Lakh Compensation For Youth Electrocuted By Transformer

Case Title: Abrar Ahmad Tantray Versus State of J&K

Citation: 2024 LiveLaw (JKL) 223

The Jammu and Kashmir High Court reinforced the doctrine of strict liability in a ruling, emphasizing that enterprises engaging in hazardous or inherently dangerous activities are “strictly and absolutely” liable to compensate individuals harmed by accidents resulting from such activities.

"No Instances Of Encroachment": J&K High Court Dismisses Plea Seeking Restoration Of Allegedly Encroached Land Belonging To Ancient Hindu Temples

Case Title: Gautam Anand Vs Union Of India

Citation: 2024 LiveLaw (JKL) 224

The Jammu and Kashmir and Ladakh High Court dismissed a Public Interest Litigation (PIL) alleging the encroachment of land belonging to ancient Hindu temples by the mafia and other property dealers.

Candidate Whose Appointment Is Delayed Due To Departmental Lapses Cannot Be Disadvantaged, Denied Promotion Eligibility: J&K High Court

Case Title: Dr Afaq Ahmad Khan Vs UT of J&K

Citation: 2024 LiveLaw (JKL) 225

The Jammu and Kashmir and Ladakh High Court ruled that a direct recruit whose appointment is delayed due to departmental laches cannot be denied retrospective appointment or promotion eligibility from the date on which other candidates from the same selection process were appointed.

Appellate Authority Must Consider Application For Condonation Of Delay Before Addressing Merits Of Time-Barred Appeal: J&K High Court

Case Title: Hem Raj Vs UT of J&K & Ors

Citation: 2024 LiveLaw (JKL) 226

Underlining a crucial procedural requirement regarding time-barred appeals, the High Court of Jammu and Kashmir and Ladakh maintained that appellate authorities must first adjudicate applications for condonation of delay before addressing the merits of a time-barred appeal or the operation of an impugned order.

Drug Possession | Degree Of Evidence To Justify Preventive Detention Under PITNDPS Much Lower Than Other Detention Laws: J&K High Court

Case Title: Gourav Khajuria Vs UT of J&K

Citation :2024 LiveLaw (JKL) 227

The Jammu and Kashmir and Ladakh High Court emphasized that the degree of evidence required to justify preventive detention under the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1998 (PITNDPS Act), is considerably lower than what might be needed under other detention laws.

"No Private Schools On State Land", J&K HC Grants Temporary Relief To 150 Private Schools Challenging Mandatory Land Regulations.

Case Title: Kirmania Model High School, Batwina, Ganderbal Versus Union Territory of J&K and others

Citation: 2024 LiveLaw (JKL) 228

The Jammu and Kashmir and Ladakh High Court on provided interim relief to over 150 private schools in the region. These schools had challenged a government order, S.O. 177 of 2022, which mandated obtaining a No Objection Certificate (NOC) from the Revenue Department to verify the legal status of the land used for educational purposes.

Juvenile Justice Act | Children's Courts Empowered To Try Offences Under UAPA, Welfare Of Child Paramount: Jammu & Kashmir High Court

Case Title: National Investigation Agency Vs Abid Mushtaq Mir

Citation: 2024 LiveLaw (JKL) 229

Upholding the jurisdiction of the Children's Court to try cases under the Unlawful Activities Prevention Act (UAPA), along with other laws, the Jammu and Kashmir and Ladakh High Court asserted that the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2015 [JJ Act] override all other statutes where a child in-conflict-with law is involved.

Clear & Unequivocal “Charge” Rather Than Mere Allegations Essential For Sustaining Preventive Detention Orders: J&K High Court

Case Title: Showkat Ali Vs UT of J&K

Citation: 2024 LiveLaw (JKL) 230

The Jammu and Kashmir and Ladakh High Court emphasised the necessity of a clear and unequivocal charge rather than mere allegations for the sustainability of preventive detention orders.

A bench comprising Justices Atul Sreedharan and Puneet Gupta underlined that the grounds of detention must lay down the charge against the detinue that is precise, unequivocal and unambiguous.

Communicating Grounds For Detention In A Language Understood By Detenue Is A Constitutional Right: J&K High Court

Case Title: Makhan Din V/s UT of J&K and another

Citation: 2024 LiveLaw (JKL) 231

The Jammu & Kashmir and Ladakh High Court quashed a detention order issued by District Magistrate Kathua, citing a failure in procedural compliance, specifically the communication of the grounds of detention in a language understood by the detenue.

Justice Sindhu Sharma, emphasizing the importance of this requirement, observed that “communication means imparting to the petitioner sufficient and effective knowledge of the facts and circumstances on which the order of detention is passed and such communication in such language which the petitioner understands.

Preliminary Enquiry U/S 340 CrPC Can Only Be Initiated In Interest Of Justice And In Relation To Court Proceedings: J&K High Court

Case Title: ROSHAN LAL TICKOO Vs PREDIMANT KRISHAN TICKOO

Citation: 2024 LiveLaw (JKL) 232

The Jammu and Kashmir and Ladakh High Court emphasised that a preliminary enquiry under Section 340 of the Cr. P. C can only be initiated if it is expedient in the interests of justice, especially when there is an appearance of perjury committed in relation to court proceedings.

Deferring the consideration of an application seeking criminal proceedings for alleged false statements, due to the ongoing arbitration process Justice Sanjay Dhar observed,

“.. It is not a case where the petitioner is stated to have made any contradictory statements in his pleadings but it is a case where he has made certain allegations, the veracity of which is yet to be determined… this Court feels that the prayer of the respondents/applicants for initiating preliminary enquiry under Section 340 of the Cr. P. C cannot be considered at this stage”

HC Directs Srinagar Dy Commissioner To Take Over Management Of Raghu Nath Ji Temple Land To 'Demarcate Boundaries' Amidst Claims Of Encroachment

Case Title: Mst Hamida Banoo Vs UT of J&K

Citation: 2024 LiveLaw (JKL) 233

The Jammu and Kashmir High Court directed the Deputy Commissioner of Srinagar to take over the management of over 159 kanals of land belonging to the Raghu Nath Ji Temple in Barzulla Srinagar. The court also ordered the demarcation of the temple's land and the removal of any encroachments.

J&K High Court Quashes PMLA Charges Against Dr Farooq Abdullah In Alleged Cricket Association Scam

Case Title: Ahsan Ahmad Mirza Vs Directorate Of Enforcement

Citation: 2024 LiveLaw (JKL) 234

The High Court of Jammu and Kashmir and Ladakh quashed the charge sheet filed against Dr Farooq Abdullah under the Prevention of Money Laundering Act (PMLA) in the Jammu and Kashmir Cricket Association (JKCA) scam.

The Court ruled that the Enforcement Directorate (ED) cannot act as an appellate authority over the conclusions drawn by the Central Bureau of Investigation (CBI), thereby setting a precedent on the limits of the ED's jurisdiction.

Lok Adalat Has No Power To Dismiss Cases for Non-Appearance Of Party: Jammu & Kashmir And Ladakh High Court

Case Title: SYED TAJAMUL BASHIR Vs MOHAMMAD AYOUB KHAN.

Citation: 2024 LiveLaw (JKL) 235

Reinforcing the role and limitations of Lok Adalats, the Jammu and Kashmir and Ladakh High Court held that Lok Adalats do not possess the authority to dismiss a case for non-appearance of a party.

Justice Sanjay Dhar, while deciding a petition challenging an order of a Lok Adalat that dismissed a complaint under Section 138 of the Negotiable Instruments Act, observed that such action was beyond the purview of these alternative dispute resolution mechanisms.

Simply Because Judge Has Gone Wrong In Law No Grounds For Review, May Be A Ground For Appeal: J&K High Court

Case Title: PERVAZ AHMAD PARRA Vs STATE OF J&K & ORS

Citation: 2024 LiveLaw (JKL) 236

The Jammu and Kashmir and Ladakh High Court reiterated that an incorrect interpretation of law by a judge may be a ground for appeal but is not sufficient to justify a review of a judgment.

Dismissing a review petition which sought to overturn a previous court decision that upheld a termination from service Justice Sanjay Dhar has observed,

“Simply because a Judge has gone wrong in law, that is not a ground for review, though it may be a ground for appeal. Similarly, an erroneous view of law is no ground for review though it may be a ground for appeal. It seems that the petitioner in the guise of present review petition is trying to persuade this Court to rehear the case as if it is sitting in appeal over its own judgment, which is not permissible in law”

Court Must Scrutinize "Due Diligence" Undertaken By Parties Before Allowing Amendment Applications After Conclusion Of Trial: J&K High Court

Case Title: GURMEET SINGH & ORS Vs DALGIT SINGH & OTHERS

Citation: 2024 LiveLaw (JKL) 237

The High Court of Jammu & Kashmir and Ladakh at Srinagar underscored the importance of "due diligence" in determining the admissibility of amendment applications filed after the commencement of a trial.

A bench of Justice Sanjay Dhar emphasized that while the power to allow amendments is broad, it is subject to the condition that the applicant demonstrates sufficient diligence in raising the matter before the trial commences.

Motor Vehicles Act Does Not Mandate Re-Registration Fee: J&K High Court Quashes 9% Tax Demand On Vehicle from Haryana

Case Title: Ishfaq Ahmad Tramboo Vs UT of J&K

Citation: 2024 LiveLaw (JKL) 238

The High Court of Jammu and Kashmir and Ladakh clarified that once a motor vehicle is registered upon payment of the prescribed fee under the Central Motor Vehicles Act, 1988, such registration is valid throughout India, and there is no provision for re-registration or the imposition of additional fees upon re-registration.

Rights Of Parties While Filing Suit Must Adapt To Significant Changes Which Occur During Litigation: Jammu & Kashmir High Court

Case Title: Aabid Nazir Zargar Vs Mehrajudin Kakroo

Citation: 2024 LiveLaw (JKL) 239

The Jammu & Kashmir and Ladakh High Court ruled that while the rights of parties are generally determined by the circumstances existing at the time of filing a suit, courts must also consider significant changes that occur during the litigation process to ensure just and equitable outcomes.

Criminal Justice System Must Not Be A Casualty Of Compromise: J&K High Court Flags Routine Quashing Of FIRs Based On Settlement Between Parties

Case Title: Ashok Kumar Vs UT of J&K

Citation: 2024 LiveLaw (JKL) 240

Emphasising the critical role of the criminal justice system in upholding societal order the Jammu and Kashmir and Ladakh High Court has ruled that criminal cases should not be routinely dismissed merely on the basis of mutual settlements between parties, as this could potentially lead to the erosion of the justice system.

Admin Must Justify Execution Of Work Contract Without Necessary Sanction, Contractor Not Responsible For Verifying Approval: J&K High Court

Case Title: M/S Cube Construction Engineering Vs UT of J&K

Citation: 2024 LiveLaw (JKL) 241

The High Court of Jammu and Kashmir and Ladakh reiterated that it is not the contractor's responsibility to verify whether administrative approvals, technical sanctions, and other formalities are completed before undertaking any work.

O6 R7 CPC | Consideration For Amendment Of Plaint And Written Statement Stands On Different Footing: J&K High Court Explains

Case Title: Ghulam Hassan Khanyari Vs Riyaz Ahmad Bhat

Citation: 2024 LiveLaw (JKL) 242

Highlighting a crucial distinction in the legal process regarding amendments to pleadings the Jammu and Kashmir and Ladakh High Court clarified that the consideration for the amendment of a Plaint and a Written Statement stands on different footings.

J&K Public Safety Act Cannot Be Used As Shortcut To Circumvent Due Process Established Under Code of Criminal Procedure: J&K High Court

Case Title: Hamid Mohd. Vs UT of J&K

Citation: 2024 LiveLaw (JKL) 243

Quashing a preventive detention order the Jammu and Kashmir and Ladakh High Court underscored that the J&K Public Safety Act, 1978 (PSA), cannot be wielded as a shortcut by preventive detention authorities to bypass the due process established under the Code of Criminal Procedure, 1973 (CrPC).

Article 227 Should Not Be Wielded Mechanically, Interference Must Be Restricted To Cases With Grave Legal Violations: J&K High Court

Case Title: Kailash Nath Vs Mukul Raj

Citation: 2024 LiveLaw (JKL) 244

Underlining the judicious exercise of powers under Article 227 of the Constitution of India the Jammu and Kashmir and Ladakh High Court emphasized that such powers should not be wielded mechanically.

Justice Wasim Sadiq Nargal observed that powers under the article should be reserved for instances where there is an absence of evidence to justify a finding, where a finding is so perverse that no reasonable person could arrive at the same conclusion, or where there is a grave illegality or flagrant violation of a fundamental principle of law, necessitating judicial interference.

Deficiency To Prove Safe Custody And Timely Submission Of Contraband Samples Can Render Prosecution's Version Doubtful: J&K High Court

Case Title: State of J&K Vs Parshottam Singh

Citation: 2024 LiveLaw (JKL) 245

Upholding the acquittal of two individuals accused under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, the Jammu and Kashmir and Ladakh High Court underscored the prosecution's obligation to demonstrate that the contraband was kept in safe custody and that samples were forwarded to the Forensic Science Laboratory (FSL) without delay.

Prosecution Case Not To Be Doubted If Offending Weapon Not Found: J&K High Court Upholds Life Sentence In 31-Yr-Old Murder Case

Case Title: Abdul Rashid Vs State of J&K

Citation: 2024 LiveLaw (JKL) 246

The Jammu and Kashmir and Ladakh High Court upheld the life imprisonment sentence in a 1993 murder case, stressing that the absence of a proven weapon does not automatically render the prosecution's case suspicious.

A bench comprising Acting Chief Justice Tashi Rabstan and Justice Puneet Gupta observed,

"Even if the gun purported to have been used in the occurrence is not proved in a given case or where the weapon of offence is itself not found, it does not mean that the prosecution case is to be viewed with suspicion in all circumstances."

J&K CCA Rules 1956 | Forfeiture Of Increment Is A Major Penalty Due To Permanent Pay Reduction, Requires Detailed Enquiry Under Rule 33: High Court

Case Title: Mohammad Amin Mir Vs University Of Kashmir

Citation: 2024 LiveLaw (JKL) 247

The High Court of Jammu & Kashmir and Ladakh at Srinagar declared that the forfeiture of increments is a major penalty, necessitating a comprehensive departmental enquiry under Rule 33 of the Jammu and Kashmir Civil Services (Classification, Control and Appeal) Rules, 1956 (CCA Rules).

DV Act | No Need For Trial To Grant Interim Residence Order, It Is An Urgent Relief To Protect Woman From Taking Shelter On Road: J&K High Court

Case Title: Mst Shameema Begum Vs Javid Iqbal Khan

Citation: 2024 LiveLaw (JKL) 248

The Jammu and Kashmir and Ladakh High Court clarified that a Magistrate, while considering an interim residence order under the Domestic Violence Act (DV Act), is not required to conduct a full trial but only needs to be satisfied with the application filed by the aggrieved person.

[RPC 498A] Mere Demand For Dowry Not Cruelty In Absence Of Persistent Harassment: J&K High Court

Case Title: Showkat Ahmad Rather Vs State of J&K

Citation: 2024 LiveLaw (JKL) 249

The Jammu and Kashmir and Ladakh High Court held that a simple demand for dowry, without consistent harassment aimed at coercing the victim to meet such demands, does not constitute "cruelty" under Section 498-A of the Ranbir Penal Code (RPC).

Wrong Description Of Property In Non-Mortgage Suits Not Grounds For Dismissal Under Order 7 Rule 11 CPC: J&K High Court Clarifies

Case Title: Kishore Kumar Vs Ishar Das

Citation: 2024 LiveLaw (JKL) 250

The High Court of Jammu and Kashmir and Ladakh clarified that under Order 7 Rule 11 of the Code of Civil Procedure (CPC), a suit cannot be dismissed merely due to the improper or incorrect description of immovable property, except in cases involving mortgage suits.

A bench of Justice Javed Iqbal Wani emphasized that this requirement is not mandatory in other suits, thereby offering crucial clarity on the interpretation of this provision.

Preventive Detention Can Be Ordered Irrespective Of Ongoing Or Concluded Criminal Proceedings: J&K High Court

Case Title: Narayan Sharma @ Shuna through Mrs. Lata Sharma (Mother) Vs UT of J&K

Citation : 2024 LiveLaw (JKL) 251

Upholding the validity of a preventive detention order the Jammu and Kashmir and Ladakh High Court reaffirmed that preventive detention can be ordered irrespective of ongoing or concluded criminal proceedings.

The court emphasized that such detention may occur “before, during, or after prosecution, with or without prosecution, and even after discharge or acquittal,” making it clear that preventive detention serves a distinct purpose from punitive measures in criminal law.

S.113A Evidence Act | Wife's Suicide Within Seven Years Of Marriage Doesn't Automatically Trigger Presumption Of Abetment Against Husband: J&K HC

Case Title: Showkat Ahmad Vs State of J&K

Citation: 2024 LiveLaw (JKL) 252

The High Court of Jammu and Kashmir and Ladakh held that the mere fact that a woman commits suicide within seven years of her marriage does not automatically invoke the presumption under Section 113-A of the Evidence Act. Section 113A of the Indian Evidence Act of 1872 deals with the presumption of suicide abetment by a husband or relative of a married woman.

[Defamation] Application Claiming Exception Of 'Good Faith Accusation' Cannot Be Dismissed At Threshold, Requires Trial To Examine: J&K HC

Case Title: Yashpal Sharma & Ors. Vs Rupali Sharma.

Citation: 2024 LiveLaw (JKL) 253

In a notable ruling, the Jammu and Kashmir and Ladakh High Court emphasized that the application of the Eighth Exception to Section 499 (Defamation) of the Ranbir Penal Code (RPC) (pari materia to Sec 499 of IPC) involves the determination of factual issues that cannot be assessed at the threshold stage by the trial court or in a petition seeking quashing.

Embargo On Bail In Death Or Life Imprisonment Cases Cannot Supersede Right To Speedy Trial: J&K High Court

Case Title: Raman Kumar Vs UT of J&K

Citation: 2024 LiveLaw (JKL) 254

The Jammu & Kashmir and Ladakh High Court ruled that the embargo under the Code of Criminal Procedure for granting bail in cases punishable by death or life imprisonment cannot override the fundamental right to a speedy trial, as guaranteed under Article 21 of the Constitution of India.

Granting bail to one Raman Kumar, the petitioner, who had been incarcerated for over 13 years without his trial being concluded a bench of Justice Rajnesh Oswal observed,

“While considering the bar for grant of bail in offences punishable with death or life imprisonment, a proper balance is required to be maintained to ensure that the right of the accused to Speedy Trial is not violated”.

[S.138 NI Act] Complaint Is Maintainable Even If Cheque Is Dishonoured Due To 'Frozen Account': J&K High Court

Case Title: Sheikh Owais Tariq Vs Satvir Singh

Citation: 2024 LiveLaw (JKL) 255

The Jammu & Kashmir and Ladakh High Court held that a complaint under Section 138 of the Negotiable Instruments Act, 1881, is maintainable even if a cheque is dishonoured with the reason 'Account Frozen'.

Justice Rajnesh Oswal, hearing the matter, examined whether the complaint for dishonour of a cheque on the ground of 'Account Frozen' is maintainable under Section 138 of the Act.

CrPC | Test Of Sufficiency Of Proof Not Applicable At Stage Of Framing Of Charge And Discharge Of Accused: J&K High Court

Case Title: Bharat Bhushan Jolly and ors Vs State of J&K

Citation: 2024 LiveLaw (JKL) 256

The Jammu and Kashmir and Ladakh High Court reaffirmed that the stringent tests regarding the sufficiency of proof, which are usually applied at the final stage of a case, are not applicable during the framing of charges or discharge of an accused.

Habeas Corpus Petitions Can't Be Allowed To Become Infructuous Due To Pendency Outlasting Period Of Detention: J&K High Court

Case Title: Rahees Hayat alias Ayaz Vs Union Territory of Jammu & Kashmir

Citation: 2024 LiveLaw (JKL) 257

The Jammu & Kashmir and Ladakh High Court ruled that a habeas corpus writ petition cannot be dismissed solely because the period of preventive detention has expired during the pendency of the case. The court emphasized that allowing the petition to lapse on this ground would undermine the rule of law and suggest that personal liberty is restored merely by the passage of time, rather than through enforcing rights.

Presumptions Under NDPS Act Are Rebuttable Not Absolute, Prosecution Must First Establish Prima Facie Case: J&K High Court

Case Title: State through P/S Pulwama Vs Nazir Ahmad Rather

Citation: 2024 LiveLaw (JKL) 258

The Jammu and Kashmir and Ladakh High Court while upholding the acquittal of three individuals accused under the Narcotic Drugs and Psychotropic Substances Act (NDPS Act), 1985 ruled that the presumptions under Sections 35 and 54 of the NDPS Act are rebuttable, not absolute.

The court emphasised that the prosecution must first establish a prima facie case against the accused before the burden shifts to the defense.

Bail In Criminal Cases No Justification For Preventive Detention: J&K High Court Quashes Detention Order Against Ex-SMC Corporator

Case Title: Aqib Ahmad Renzu Vs UT of J&K

Citation: 2024 LiveLaw (JKL) 259

The Jammu & Kashmir and Ladakh High Court quashed the preventive detention order issued against former Srinagar Municipal Corporation (SMC) Corporator Aqib Ahmad Renzu.

The court held that the mere fact that Renzu had been granted bail in multiple criminal cases did not justify his detention under preventive law. The court further emphasized that preventive detention laws cannot be used as a substitute for handling cases under regular criminal law.

Proceedings U/S 12 DV Act Not Strictly Criminal In Nature, Bar Preventing Magistrates From Revoking Their Own Orders Is Not Applicable: J&K HC

Case Title: Dr Tanveer Hussain Khan & Ors Vs Andleeba Rehman & Ors.

Citation: 2024 LiveLaw (JKL) 260

The Jammu and Kashmir and Ladakh High Court clarified that proceedings under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (D.V. Act) are not strictly criminal in nature. Consequently, the bar preventing Magistrates from revoking or cancelling their own orders is not applicable in these cases, it added.

Casualness By Authorities In Passing Detention Order Mocks Constitution: J&K High Court Quashes Detention Of Zee News Urdu Bureau Chief

Case Title: Talib Hussain @ Javied Vs UT of J&K Citation: 2024 LiveLaw (JKL) 261

The Jammu and Kashmir and Ladakh High Court quashed the preventive detention of Talib Hussain, Bureau Chief of Zee News Urdu, remarking that the "casualness and callousness" shown by the authorities in passing mechanical detention orders mocked the Constitution of India.

J&K High Court Pulls Up DM Over 'Illegal' Detention Order, Says Deprivation Of Liberty Was Treated As “Administrative Excursion”

Case Title: Ashraf Ali @ Shiffu Vs Union Territory of Jammu and Kashmir

Citation: 2024 LiveLaw (JKL) 262

The Jammu & Kashmir and Ladakh High Court strongly criticised the District Magistrate of Udhampur for issuing an unlawful preventive detention order under the Jammu & Kashmir Public Safety Act, 1978. The court found the detention order to be arbitrary and a violation of the petitioner's fundamental right to personal liberty under Article 21 of the Constitution.

Letters Patent Appeal Not Maintainable Against Single Judge Order In Article 226 Plea Which Has 'Trappings Of Criminal Case': J&K High Court

Case Title: Khursheed Ahmad Chohan VS UT of J&K

Citation: 2024 LiveLaw (JKL) 263

The Jammu & Kashmir and Ladakh High Court declared that a Letters Patent Appeal (LPA) is not maintainable against an order passed by a Single Judge in a petition under Article 226 of the Constitution, especially when the petition has the trappings of a criminal case.

Courts Cannot Review Threat Perception Assessments, Such Evaluation Falls Under Security Agencies' Domain: J&K High Court

Case Title: Sh. Vijay Sharma Vs U.T of Jammu and Kashmir

Citation: 2024 LiveLaw (JKL) 264

The Jammu & Kashmir and Ladakh High Court ruled that it has no mechanism to determine whether the threat perception of individuals or political figures has been properly assessed, emphasizing that such evaluations are strictly within the jurisdiction of security agencies.

Law Does Not Permit Discrimination Between Foreigner And Indian Nationals While Granting Bail: J&K High Court

Case Title: Shagufta Bano V/S UT of J&K Citation: 2024 LiveLaw (JKL) 265

The Jammu & Kashmir and Ladakh High Court reaffirmed that the law does not allow any discrimination between foreign nationals and Indian nationals regarding the granting of bail, emphasizing that bail must be considered based on the facts and circumstances of each case, and conditions may be imposed to ensure the accused is available for trial, but bail cannot be denied simply because the accused is a foreign national.

High Court Retains Original Civil Jurisdiction Despite Changes Introduced Post-2019 Re-Organisation Act: J&K High Court

Case Title: Zaffar Abbas Din Vs Nasir Hamid Khan

Citation: 2024 LiveLaw (JKL) 266

The Jammu and Kashmir and Ladakh High Court reaffirmed that despite the de-operationalization of the Constitution of Jammu and Kashmir, 1957, and the enactment of the Jammu and Kashmir Reorganization Act, 2019, the court retains both ordinary original civil jurisdiction and extraordinary original civil jurisdiction.

'Pollutes Stream Of Justice': J&K High Court Imposes 50K Cost On Petitioner For Suppressing Material Facts

Case Title: Satpal Sharma Vs State of J&K

Citation: 2024 LiveLaw (JKL) 267

The Jammu and Kashmir and Ladakh High Court remarked that "a litigant who attempts to pollute the stream of justice or touches the pure fountain of justice with tainted hands, is not entitled to any relief, interim or final." The court imposed a hefty cost of ₹50,000 on the petitioners for deliberately suppressing material facts in an attempt to obtain interim relief.

Inability By State's Police Machinery To Take Recourse Under Ordinary Criminal Law Not An Excuse To Invoke Preventive Detention: J&K High Court

Case Title: Anju Khan Vs UT Of J&K

Citation: 2024 LiveLaw (JKL) 268

Quashing the preventive detention of 25-year-old Anjun Khan, the Jammu and Kashmir and Ladakh High Court denounced the misuse of the Public Safety Act (PSA) as a means to bypass ordinary criminal law. The court has emphasised that the inability of the State's police machinery to resort to normal legal procedures could not justify invoking the draconian PSA.

No Interference In Punishment Unless It Shocks Conscience: J&K High Court Upholds Dismissal Of BSF Personnel For 2-Yr Unauthorized Absence

Case Title: Kishan Tukaram Gavade Vs Union Of India

Citation: 2024 LiveLaw (JKL) 269

Upholding the dismissal of a BSF constable for overstaying his leave by nearly two years the Jammu and Kashmir and Ladakh High Court reinforced the principle that, unless the punishment shocks the court's conscience, the proportionality of punishment should not be interfered with.

Reformative Theory Takes Back Seat In Heinous Terrorist Crimes: J&K High Court Dismisses Remission Plea Of Separatist Ashiq Hussain Factoo

Case Title: Dr. Ashiq Hussain Factoo Vs State of J&K & Ors

Citation: 2024 LiveLaw (JKL) 270

Dismissing the remission plea of Kashmiri separatist and Hizbul Mujahideen militant, Ashiq Hussain Factoo, the Jammu and Kashmir and Ladakh High Court ruled that heinous crimes like terrorism are a class apart and warrant a stricter approach.

The Division Bench, comprising Justices Sanjay Dhar and M.A. Chowdhary, declared that the reformative theory of punishment must yield in cases involving terrorist crimes, particularly in regions like Jammu and Kashmir, where militancy has been rampant for over three decades.

Proceedings U/S 145 CrPC Not A Substitute For Recovering Possession Of Property: J&K High Court

Case Title: Himashu Gupta Vs Sohani Ram

Citation: 2024 LiveLaw (JKL) 271

The Jammu and Kashmir and Ladakh High Court clarified that proceedings under Section 145 of the Criminal Procedure Code (CrPC) cannot be used as a means to recover possession of a property, when the dispute concerns the title of the property.

Limitation For Refund Of GST Is Determined From Date Of Original Application, Not From Date Of Follow-Up Application: J&K HC Quashes Deficiency Memo

Case title: Hallmark v. Jammu & Kashmir GST Department & Anr.

Citation: 2024 LiveLaw (JKL) 272

The Jammu and Kashmir and Ladakh High Court held that the time limit for refund of GST is to be determined from the date the original application is filed by an assessee, and not from the date of follow-up application.

Temporary Residence Elsewhere Doesn't Alter Jurisdiction In Guardianship Petitions, It Depends On Ordinary Residence: J&K High Court

Case Title: Sabahat Sanna Vs Dr Shabir Ahmad

Citation: 2024 LiveLaw (JKL) 273

The Jammu & Kashmir and Ladakh High Court reaffirmed that it is the ordinary place of residence of the minor which determines the jurisdiction of the Court in guardianship matters under Section 9 of the Guardians and Wards Act, 1890 and temporary residence elsewhere at the time of filing the application does not alter this jurisdiction.

HC Upholds J&K Govt's Decision To Withdraw Budgetary Support Scheme 2018 For Reimbursement Of IGST To Manufacturing Units

Case title: Sudhir Power Limited v. Union Territory of Jammu and Kashmir & Ors.

Citation: 2024 LiveLaw (JKL) 274

The Jammu and Kashmir and Ladakh High Court upheld the UT government's decision to withdraw the 'Budgetary Support Scheme', notified in the year 2018 for providing budgetary support to manufacturing units in the UT, by reimbursement of Integrated Goods and Service Tax.

A division bench of Justices Sanjeev Kumar and Rajesh Sekhri observed that the Scheme did not create any legitimate expectation in the units nor did it attract promissory estoppel on the government.

Though DNA Report Can Be Considered While Adjudicating Bail, Prosecution Can Contest Its Accuracy In Trial: J&K High Court

Case Title: Pawan Kumar Vs UT Of J&K

Citation: 2024 LiveLaw (JKL) 275

The Jammu and Kashmir and Ladakh High Court emphasized that while the prosecution and complainant retain the right to contest the accuracy of the DNA analysis during the trial, such a report can be considered in the context of a bail petition before the trial fully unfolds.

J&K High Court Dismisses PIL Challenging Public Safety Act as Not Maintainable, Cites Ongoing Adjudication On Similar Issue

Case Title: Syed Tassadque Hussain Vs Union Of India

Citation: 2024 LiveLaw (JKL) 276

The Jammu and Kashmir and Ladakh High Court, comprising Chief Justice Tashi Rabstan and Justice M A Chowdhary dismissed a Public Interest Litigation (PIL) challenging the validity of the Jammu and Kashmir Public Safety Act (PSA), 1978. The court declared the PIL non-maintainable, citing that the issue of detention of citizens under the PSA was already under judicial consideration, making this litigation a parallel and redundant proceeding.

Insurance Company Must Pay Full Insured Amount, Relief From Government Irrelevant: J&K High Court

Case Title: Oriental Insurance Company Vs M/S Shalimar Wine Shop

Citation: 2024 LiveLaw (JKL) 277

The Jammu and Kashmir and Ladakh High Court held that an insurance company cannot reduce the payout to a claimant based on ex gratia relief received from the government.

Dismissing a Civil 1st Miscellaneous Appeal filed by an Insurance company against an award a bench of Chief Justice Tashi Rabstan and Justice M A Chowdhary emphasized,

"the Insurance Company is bound to pay the claim against the sum insured. It is not the business of the Insurance Company to see whether the person suffering damages has been paid some sort of relief from other sources or not."

Employee Of State Road Transport Corporation Entitled To Pay Revision And Benefits Of 5th And 6th Pay Commissions: Jammu & Kashmir High Court

Case Title: Suraj Prakash Vs State of J&K

Citation: 2024 LiveLaw (JKL) 278

Jammu and Kashmir High Court ruled in favor of the petitioner, recognizing his entitlement to the pay revisions under the 5th and 6th Pay Commissions, despite his superannuation.

The court held that since the petitioner had been treated as a government employee for pension purposes, he was also entitled to the pay revisions granted under the relevant Statutory Rules and Orders (SROs).

O.37 R.3 CPC | Courts Can Allow Conditional Leave To Defend Summary Suits, With Terms Tailored To Specific Facts Of Each Case: J&K High Court

Case Title: UT Of J&K Vs Mudasir Farooq Malik

Citation: 2024 LiveLaw (JKL) 279

The Jammu and Kashmir and Ladakh High Court reiterated that under Order 37 Rule III of the Civil Procedure Code (CPC), courts retain the discretion to impose conditions on a defendant seeking leave to defend a summary suit.

A bench of Justice Javed Iqbal Wani accentuated that this discretion is exercised based on the specific facts and circumstances of each case, and upon compliance with such terms, the defendant earns the right to defend the suit.

J&K Land Revenue Act | Divisional & Financial Commissioners Hold Concurrent Revision Powers U/S 15 Provided Fair Hearing Is Granted To Parties: HC

Case Title: Mohammad Iqbal Mir and others Vs State of J&K and others

Citation: 2024 LiveLaw (JKL) 280

The Jammu and Kashmir and Ladakh High Court set aside orders passed by the Divisional Commissioner and the Financial Commissioner in a land dispute case, emphasizing the necessity of granting a fair opportunity of hearing to parties affected by revisionary orders under the J&K Land Revenue Act, 1996.

Heated Exchange Between Couple/Family Members Over Non-Preparedness Of Food Not Sufficient To Prove Abetment To Suicide: J&K High Court

Case Title: State Of J&K Vs Rakesh Kumar

Citation: 2024 LiveLaw (JKL) 281

The Jammu and Kashmir and Ladakh High Court held that a heated exchange between family members over domestic matters such as the preparation of food cannot be construed as abetment to suicide under Section 306 of the Ranbir Penal Code (RPC).

Is Letters Patent Appeal Maintainable Against Order Of Single-Judge In Criminal Jurisdiction?: J&K High Court Refers To Larger Bench

Case Title: Dr Sumit Sabarwal Vs Dr Om Prakash Gupta

Citation: 2024 LiveLaw (JKL) 282

To determine whether a Letters Patent Appeal (LPA) under Clause 12 of the Letters Patent applicable to Jammu & Kashmir and Ladakh is maintainable against an order or judgment passed by a Single Judge in criminal jurisdiction, the Division Bench of the Jammu & Kashmir and Ladakh High Court referred the matter to the Chief Justice for further reference to a Larger Bench.

Vehicle's Proximity To Accident, Not Its Motion Is Key In Determining Liability Under Motor Vehicles Act: J&K High Court

Case Title: United India Insurance Company Vs Taja Begum

Citation: 2024 LiveLaw (JKL) 283

The Jammu and Kashmir and Ladakh High Court ruled that the determination of whether an accident has arisen from the use of a motor vehicle depends on whether the accident was reasonably proximate to the vehicle's use, irrespective of whether the vehicle was in motion.

Motor Vehicles Act | Cover Note Issued U/S 145 Constitutes Valid 'Certificate Of Insurance' To Establish Insurance Liability: J&K High Court

Case Title: Shafqat Wani Vs Universal Sompo General Insurance Co. Ltd.

Citation: 2024 LiveLaw (JKL) 284

The Jammu and Kashmir and Ladakh High Court clarified that a Cover Note issued under Section 145 of the Motor Vehicles Act, 1988 (MVA), constitutes a valid 'Certificate of Insurance', to establish the insurance liability.

While overturning a Tribunal's decision and holding the insurer liable to pay compensation for an accident that occurred within the policy's coverage period a bench of Justice M. A Chowdhary explained that a 'Certificate of Insurance' includes a Cover Note meeting the prescribed requirements and if multiple certificates are issued for a policy or a copy of a certificate is provided, all such certificates or copies are collectively considered part of the 'Certificate of Insurance.'

High Court Dismisses Plea Challenging Amendment to Public Safety Act By 'J&K Bar Association, Srinagar' Due To Lack of Locus Standi

Case Title: J&K High Court Bar Association, Srinagar, through, Arshad Andrabi Vs State Of J&K

Citation: 2024 LiveLaw (JKL) 285

The Jammu and Kashmir and Ladakh High Court, comprising Chief Justice Tashi Rabstan and Justice M.A. Chowdhary dismissed a Public Interest Litigation (PIL) filed by the J&K High Court Bar Association, Srinagar. The PIL, which challenged the validity of the 2018 Amendment to the Jammu & Kashmir Public Safety Act (PSA), was dismissed on the grounds of maintainability and lack of locus standi.

S.107(4) CGST Act | Appellate Authority Can't Condone Delay Beyond 30 Days In Filing Appeal But HC May Consider Exceptional Cases: J&K High Court

Case Title: M/S Multi Trading Agencies v. UT of J&K (and connected matters)

Citation: 2024 LiveLaw (JKL) 286

The Jammu and Kashmir and Ladakh High Court held that the Appellate Authority under the Central Goods and Services Tax Act/ J&K Goods and Services Tax Act cannot condone the delay in filing appeal beyond 30 days.

Notice U/S 271(1)(c) Of IT Act Must Specify Whether Penalty Is Against 'Concealment' Of Income Or Furnishing 'Incorrect' Income: J&K High Court

Case Title: Pr. Commissioner of Income Tax V/s J & K Power Development Corporation Limited

Citation: 2024 LiveLaw (JKL) 287

The Jammu and Kashmir and Ladakh High Court made it clear that notice to an assessee proposing imposition of penalty under Section 271(1)(c) of the Income Tax Act, 1961 has to clearly specify whether assessee is accused of 'concealing' his income or furnishing 'incorrect' income particulars.

Army Public Schools Are Not 'State' Under Article 12, Employment Disputes Not Maintainable Under Writ Jurisdiction: J&K High Court

Case Title: Shivali Sharma Vs Army Public School Through Its President AWES

Citation: 2024 LiveLaw (JKL) 288

The Jammu & Kashmir and Ladakh High Court ruled that Army Public Schools (APS) and their governing body, the Army Welfare Education Society (AWES), do not qualify as the "State" under Article 12 of the Indian Constitution.

Consequently, a bench of Justice Wasim Sadiq Nargal clarified that employment disputes concerning APS teachers, governed by private contractual terms, cannot be challenged through writ jurisdiction under Article 226.

MV Act | Narrow Or Technical Interpretation Of “Income” Defeats Objective Of Providing Just Compensation To Victims, Dependents: J&K High Court

Case Title: United Insurance Co Ltd Vs Fatima Begum

Citation: 2024 LiveLaw (JKL) 289

Underscoring the importance of a balanced approach in determining compensation under the Motor Vehicles Act, the Jammu and Kashmir and Ladakh High Court emphasized that the term “income” cannot be given a narrow or technical meaning, as such an approach defeats the objective of providing just compensation to victims and their dependents.

Denial Of Bail Must Be A Judicious Exception, Personal Liberty Under Article 21 'Too Precious' To Be Curtailed Casually: J&K High Court

Case Title: Mehmood Ur Rayaz Bhat Vs UT Of J&K

Citation: 2024 LiveLaw (JKL) 290

Reaffirming the fundamental value of personal liberty enshrined under Article 21 of the Constitution, the Jammu and Kashmir and Ladakh High Court granted absolute anticipatory bail to one accused in a case involving sexual offenses and harassment.

While making the interim pre arrest bail absolute in nature Justice Mohammad Yousuf Wani emphasized that the denial of bail is not a matter of routine and must only be exercised judiciously, with sensitivity to both individual and societal interests.

Objections To Pecuniary Jurisdiction Must Be Raised Early In Trial, Else Would Be Barred In Appeal Unless Failure of Justice Occurs: J&K High Court

Case Title: J&K State Forest Corporation Vs Sher Singh

Citation: 2024 LiveLaw (JKL) 291

The Jammu and Kashmir and Ladakh High Court clarified that objections concerning the pecuniary limits of a court's jurisdiction must be raised at the earliest opportunity in the trial court. If not, they cannot be entertained by appellate or revisional courts, unless the oversight caused a failure of justice, as prescribed under Section 21 of the Civil Procedure Code (CPC), the court elucidated.

Failure To Apply Statutes And Binding Precedents Constitutes Error Reviewable Under Order 47 Rule 1 CPC: J&K High Court

Case Title: Ram Prasad Vs New India Assurance Co Ltd

Citation: 2024 LiveLaw (JKL) 292

The Jammu and Kashmir and Ladakh High Court emphasised that the failure to apply statutes and binding precedents constitutes a palpable legal flaw warranting review under Order 47 Rule 1 of the Code of Civil Procedure, 1908.

A bench of Justice M.A Chowdhary clarified that courts must adhere to applicable statutes and precedents, especially those laid down by the Supreme Court, to ensure judgments are free from errors.

"Attempt To Wreak Vengeance, Divert From Core Issues": J&K High Court Quashes Defamation Complaint

Case Title: Kuldeep Raj Dubey Vs Puneet Sharma

Citation: 2024 LiveLaw (JKL) 293

Quashing a defamation complaint, citing the improper use of judicial processes for personal vendetta the Jammu and Kashmir and Ladakh High Court highlighted that judicial mechanisms cannot be exploited to satisfy personal egos or to pursue vengeance.

Arbitrarily Labelling Individuals As Habitual Offenders Not Only Taints Them But Also Impairs Their Fundamental Rights: J&K High Court

Case Title: Imran Khan Vs UT Of J&K

Citation: 2024 LiveLaw (JKL) 294

Quashing the police action of branding a Jammu resident as a history-sheeter and entering his name in the Surveillance Register the Jammu and Kashmir and Ladakh High Court underscored that the arbitrary labeling of individuals as habitual offenders without due process not only taints their image but also impairs their fundamental rights under Article 21 of the Constitution.

Unexplained & Unsatisfactory Delay In Executing Detention Order Raises Doubts About Detaining Authority's Subjective Satisfaction: J&K High Court

Case Title: Roshan Kumar Vs UT Of J&K

Citation: 2024 LiveLaw (JKL) 295

The Jammu and Kashmir & Ladakh High Court quashed a preventive detention order observing that the unexplained and unsatisfactory delay in executing the detention order raised doubts about the genuineness of the detaining authority's subjective satisfaction.

Judgments/Orders:

S.139 NI Act | Once Complainant Proves That Cheque Was Issued By Accused To Discharge Debt, Burden Shifts On Accused: J&K High Court

Case Title: Chowdhary Piara Singh Vs Sat Pal

Citation: 2024 LiveLaw (JKL) 296

Spotlighting the critical shift in evidentiary burden under Section 139 of the Negotiable Instruments Act, 1881 the Jammu and Kashmir and Ladakh High Court observed that once the complainant proves that a cheque was issued by the accused to discharge a debt, Section 139 mandates that the burden of proof shifts to the accused.

High Court Directs Jammu & Kashmir And Ladakh Authorities To Ensure Smooth Movement Of Ambulances For Public Health Emergencies

Case Title: White Globe Vs State of J&K

Citation: 2024 LiveLaw (JKL) 297

Aiming to streamline emergency medical transportation, the Jammu and Kashmir and Ladakh High Court mandated the Union Territories (UTs) of Jammu & Kashmir and Ladakh to develop a mechanism for ensuring hassle-free ambulance movement across both UTs.

While closing a Public Interest Litigation (PIL) a bench composed of Chief Justice Tashi Rabstan and Justice Puneet Gupta, underscored the critical need for rapid medical response systems in public health emergencies.

Complainant Or Dependents Must Be Issued Notice And Heard When Accused Seeks Bail Under SC/ST Act: J&K High Court

Case Title: Anu Bala Vs Rajesh Singh

Citation: 2024 LiveLaw (JKL) 298

Shedding light on the right of a victim under the SC/ST (Prevention of Atrocities) Act, 1989 the Jammu and Kashmir and Ladakh High Court asserted that a complainant or their dependent must be issued notice and heard when an accused seeks bail under the Act.

Citing provisions of the Act a bench of Justice M. A Chowdhary observed,

“On a harmonious reading of both the Sub-sections (3) and (5) of Section 15-A of the Act, it can be safely concluded that on filing of a bail application for being released in a case under the SC/ST (Prevention of Atrocities Act, the complainant or his dependent is to be issued a notice or is required to be heard at the time of consideration of bail plea”

Careful Consideration Of Grounds On Which Bail Has Been Granted To Detenue Is Critical In Preventive Detention Cases: J&K High Court

Case Title: Mohammad Tajamul Masoodi Vs UT Of J&K

Citation: 2024 LiveLaw (JKL) 299

The Jammu and Kashmir and Ladakh High Court emphasised that when bail is granted not on the merits of the case but due to procedural defaults under Section 167 of the Criminal Procedure Code or for urgent temporary purposes, such grounds might not favor the detainee.

A bench of Justice Wasim Sadiq Nargal ruled that in these cases, authorities may view such circumstances as further justification for preventive detention, provided other criteria are met.

For Offence U/S 504 IPC, Insult Must Provoke Complainant To Breach Public Peace Or Commit Offence: J&K High Court

Case Title: Muhammad Shafi Wani VS Muhammad Sultan Bhat

Citation: 2024 LiveLaw (JKL) 300

The Jammu & Kashmir High Court, in a recent judgment, quashed the complaint and proceedings against an accused, holding that the provisions under Sections 504 and 506 of the Indian Penal Code (IPC) were not substantiated by the complaint's allegations.

The court, exercising its inherent jurisdiction under Section 482 of the Code of Criminal Procedure, underscored the necessity of specific allegations to sustain a charge under Section 504, IPC, which addresses intentional insult aimed at provoking breach of peace.

Comparing Evaluation Methods Of J&K Public Service Commission With UPSC Lies Beyond Domain Of Judicial Review: High Court

Case Title: Zaka Chowdhary Vs UT Of J&K

Citation: 2024 LiveLaw (JKL) 301

The Jammu and Kashmir and Ladakh High Court emphasised that determining the effectiveness of evaluation methods used in competitive examinations, such as those by the Jammu and Kashmir Public Service Commission (JK PSC), compared to those by the Union Public Service Commission (UPSC), is a matter best left to experts.

J&K Reservation Rules | 4% Quota For Physically Challenged Persons Is Overall Horizontal Reservation, Not Compartmentalised: High Court

Case Title: Syed Shaifta Arifeen Balkhi Vs J&K Public Service Commission & Ors

Citation: 2024 LiveLaw (JKL) 302

Resolving a significant question regarding reservation rules for physically challenged persons the Jammu and Kashmir and Ladakh High Court clarified that the 4% reservation for physically challenged individuals, as outlined in the J&K Reservation Rules of 2005, constitutes an overall horizontal reservation, which applies broadly and does not operate as a compartmentalised category-specific quota.

CRPC | Magistrate Need Not Pass Detailed Order At Process Issuance Stage, Application Of Mind Is Crucial: J&K High Court

Case Title: Beero Devi Vs Kanchan Devi

Citation: 2024 LiveLaw (JKL) 303

The Jammu and Kashmir and Ladakh High Court held that while a formal or reasoned order is not mandatory when a Magistrate issues a process under Sections 190/204 of the Criminal Procedure Code, it is crucial that the Magistrate's order shows an indication of thoughtful consideration of the matter.

Power To Attest/Annul Mutation Is Quasi-Judicial, Natural Justice Must Be Adhered To While Invoking It: J&K High Court

Case Title: Mohd Latif Vs UT Of J&K

Citation: 2024 LiveLaw (JKL) 304

The Jammu and Kashmir and Ladakh High Court emphasized that the authority to attest or annul a mutation is quasi-judicial in nature. Such authority, vested in Revenue Officers, must be exercised in strict compliance with the J&K Land Revenue Act, ensuring an opportunity for the affected parties to be heard in line with natural justice principles, the court underscored.

Family Courts Must Strive For Settlement With Balanced Approach, Avoid Procrastination & Haste: J&K High Court

Case Title: Afrooza & Anr Vs Mohammad Aslam Dar

Citation: 2024 LiveLaw (JKL) 305

The Jammu and Kashmir and Ladakh High Court emphasized the role of family courts under the Family Courts Act, 1984, asserting that these courts must strive to mediate and help the parties reach a fair settlement.

While adjudicating upon a matter under the Act a bench of Justice Javed Iqbal Wani underscored that family courts are equipped to follow procedures they deem suitable to encourage amicable resolution, balancing swift action with thoughtful deliberation in family disputes. Sensitivity to the parties' circumstances is paramount, as per the Act, reflecting its core objective of fair and compassionate adjudication, he stressed.

J&K CSR | Absence From Duty Regardless Of Duration Does Not Mean Automatic Job Termination, Right To Hearing Is Essential: High Court

Case Title: UT Of J&K Vs Sajad Ahmad Shah & Anr

Citation: 2024 LiveLaw (JKL) 306

The High Court of Jammu and Kashmir and Ladakh underscored the right to a hearing for employees who are absent from duty, ruling that absence, irrespective of duration, does not automatically end employment.

A bench of Justices Sanjeev Kumar and Rajesh Sekhri cited Regulation 113 of J&K Civil Service Regulation (CSR) and observed,

“Absence from duty, howsoever long, cannot result in automatic cessation of employment. In all such cases, the person concerned has to be given an opportunity of hearing and depending on the nature of defence taken by him, further action should be taken”

Sites Intended To Function As Bus Or Taxi Stands Must Be Officially Notified By Govt After Consulting Local Authorities: J&K High Court

Case Title: Taxi Sumo Stand No 1 Vs UT Of J&K

Citation: 2024 LiveLaw (JKL) 307

The Jammu and Kashmir and Ladakh High Court reiterated that any site intended to function as a bus or taxi stand must be officially notified by the government or an authorized officer, who is required to consult local authorities beforehand.

A Division bench of Justices Sanjeev Kumar and Rajesh Sekhri underscored that if the proposed stand falls within the jurisdiction of a local body, such as a municipal council, the consent of that authority is mandatory before designating the location as a stand for contract carriages.

Statements In Newspapers Are Merely Hearsay & Cannot Serve As Proven Facts Unless Corroborated By Author: J&K High Court

Case Title: Balwant Singh Vs State of J&K

Citation: 2024 LiveLaw (JKL) 308

The Jammu and Kashmir and Ladakh High Court ruled that statements in newspapers are merely hearsay and cannot serve as proven facts unless corroborated by the author.

A bench of Justice Sanjay Dhar observed,

“The assertion made in a newspaper cannot be treated as proved facts reported therein. A statement of fact contained in a newspaper is merely hearsay and, in the absence of statement of the maker of the news report, the same cannot be relied upon as a proved fact”

HC Has Duty To Maintain Accurate Records Within Its Jurisdiction To Ensure Justice Prevails In Accordance With Law: J&K High Court

Case Title: State Of J&K Vs Abid Hussain

Citation: 2024 LiveLaw (JKL) 309

Reiterating that the High Court, as a court of record, derives its power to review judgments under Article 215 of the Constitution of India the Jammu and Kashmir and Ladakh High Court emphasized its obligation and duty to maintain accurate records within its jurisdiction, ensuring justice prevails in accordance with the law.

Alteration Of Settlement Records Impermissible Unless Registered Instrument Is Produced Before Relevant Officer Or Court: J&K High Court

Case Title: Chander Prabha Vs UT Of J&K

Citation: 2024 LiveLaw (JKL) 310

Reiterating that a transfer of immovable property cannot be deemed valid unless it is executed in writing and registered as per the provisions of the Registration Act the Jammu and Kashmir and Ladakh High Court emphasized that the alteration of settlement records is impermissible unless a registered instrument is produced before the relevant Revenue or Settlement Officer or Court.

Govt Recognised Private Schools May Fall Under Writ Jurisdiction, But Writ Of Mandamus Limited To Public Law Actions: J&K High Court

Case Title: Presentation Convent Senior Secondary School Vs Satvinder Singh

Citation: 2024 LiveLaw (JKL) 311

The Jammu & Kashmir and Ladakh High Court held that while unaided private educational institutions recognized by the government or affiliated to statutory boards may qualify as “public authorities” amenable to writ jurisdiction, a writ of mandamus can only be issued if the actions of such institutions fall within the domain of public law rather than private law.

J&K High Court Directs Govt To Create 334 Judicial Posts Within 60 Days, Emphasises Binding Nature Of Directive

Case Title: Joginder Singh Vs State & Ors

Citation: 2024 LiveLaw (JKL) 312

Asserting that recommendations by the High Court or its Chief Justice regarding the creation of posts are binding on the government the Jammu and Kashmir and Ladakh High Court has directed the Union Territory (UT) of J&K to create 334 posts in various judicial categories within 60 days, emphasizing the judiciary's autonomy and the government's obligation to comply.

Fresh Arbitrator Can Be Appointed By Court U/S 14 Of Arbitration Act If Proposed Arbitrator Is Ineligible U/S 12(5): J&K And Ladakh HC

Case Title: M/s Mir Associates Construction Company Vs. Superintending Engineer Hydraulic Circle Doda and Anr.

Citation: 2024 LiveLaw (JKL) 313

The Jammu & Kashmir and Ladakh High Court bench of Chief Justice Tashi Rabstan affirmed that when the arbitration clause is found to be foul with the amended section 12(5) of the Arbitration Act, the appointment of the arbitrator would be beyond the pale of the arbitration agreement. In such eventuality, the court can be approached under section 14 of the Arbitration Act for seeking substitution of the arbitrator.

Petition U/S 11 Of Arbitration Act Is Maintainable If Statutory Remedy Before Invoking Arbitration Clause Is Exhausted: J&K And Ladakh HC

Case Title: M/s Pardeep Electricals and Building Pvt. Ltd. Vs. Union of India and Ors.

Citation: 2024 LiveLaw (JKL) 314

The Jammu & Kashmir and Ladakh High Court bench of Chief Justice Tashi Rabstan has held that once the statutory remedy under contract is exhausted, arbitration clause can be invoked and appointment of the arbitrator can be sought under section 11 of the Arbitration Act.In this case, the respondent had to constitute Dispute resolution Board (DRB) within 30 days after execution of the contract for resolving any dispute arising between the parties but no DRB was constituted.

Preventive Detention Must Be Invoked With All Due Care And Circumspection: J&K High Court Quashes Detention Order

Case Title: Mohd Azam Vs UT Of J&K

Citation: 2024 LiveLaw (JKL) 315

Underscoring the sacrosanct nature of personal liberty, the High Court of Jammu & Kashmir and Ladakh quashed a preventive detention order, terming it as a product of non-application of mind and procedural lapses.

The Court emphasized that preventive detention, an extraordinary measure, requires meticulous care and caution as it involves the deprivation of an individual's most cherished rights.

Res Judicata Not Applicable To Domestic Violence Proceedings Where Circumstances Justify Filing Second Petition: J&K High Court

Case Title: Sardul Singh Vs Davinder Kour

Citation: 2024 LiveLaw (JKL) 316

The Jammu and Kashmir and Ladakh High Court has clarified that the principles of res judicata or analogous provisions of the Civil Procedure Code cannot restrict proceedings under the Domestic Violence (DV) Act if the aggrieved person provides valid reasons for filing a second petition after withdrawing the earlier one.

Powers Of Divisional Commissioners To Detain Under PITNDPS Remain Intact Even In Post-Reorganization Phase: J&K High Court Clarifies

Case Title: Dilawar Javid Bhat Vs UT Of J&K

Citation: 2024 LiveLaw (JKL) 317

Dismissing a petition challenging a detention order under the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (PITNDPS Act) the Jammu and Kashmir and Ladakh High Court clarified that the authority of the Divisional Commissioners to issue detention orders under PITNDPS remains intact despite the J&K Reorganization Act, 2019, unless specifically superseded by corresponding Central laws.

Right To Property Is A Human Right: J&K High Court Orders Rental Compensation To Landowner For 45 Yr Long Illegal Occupation

Case Title: Abdul Majeed Lone Vs Union of India

Citation: 2024 LiveLaw (JKL) 318

Reaffirming that the right to property is fundamental to human dignity and cannot be compromised without legal process and fair compensation, the Jammu and Kashmir and Ladakh High Court directed the Union of India to pay rental compensation to Abdul Majeed Lone, a Tangdhar landowner whose property has been under military occupation since 1978 without due process.

Errors Which Are Not Self-Evident, Have To Be Detected Cannot Justify Invoking Power Of Review Under O.47 R.1 CPC: J&K High Court

Case Title: Kewal Krishan Vs Sham Lal

Citation: 2024 LiveLaw (JKL) 319

Defining the boundaries of judicial review the Jammu and Kashmir and Ladakh High Court has emphasised that errors not evident on the face of the record cannot justify review under Order XLVII Rule 1 of the Civil Procedure Code (CPC).

A bench of Justice Vinod Chatterji Koul held, “An error that is not self-evident and has to be detected by a process of reasoning can hardly be said to be an error apparent on the face of record justifying the court to exercise its power of review under Order XLVII Rule 1 CPC”

Approaching HC For Bail U/S 483 BNSS Without Approaching Trial Court Unnecessarily Burdens HC: J&K High Court

Case Title: Ajeet Kumar Vs UT Of J&K

Citation: 2024 LiveLaw (JKL) 320

Criticising the growing trend of directly approaching the High Court for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 the Jammu and Kashmir and Ladakh High Court observed that bypassing the trial courts in such matters not only burdens the High Court but also disregards the legal protocol, where such petitions should typically be first addressed by the courts below.

"Suffering From Schizophrenia, No Purpose In Continued Custody": J&K High Court Grants Bail To Woman Accused Of Killing 3-Month Old Son

Case Title: Shenaz Begum th. Abdul Mazeed Vs UT Of J&K

Citation: 2024 LiveLaw (JKL) 321

The Jammu and Kashmir and Ladakh High Court granted bail to one Shenaz Begum, accused of murdering her three-month-old son in 2021 observing that the applicant's schizophrenia diagnosis and the absence of a plausible motive rendered her continued judicial custody purposeless.

Kashmiri Pandit Woman Continues To Retain Migrant Status Despite Marriage To Non-Migrant: J&K High Court

Case Title: UT Of J&K Vs Seema Koul & Anr

Citation: 2024 LiveLaw (JKL) 322

The Jammu and Kashmir and Ladakh High Court has ruled that a Kashmiri Pandit woman does not lose her "migrant status" upon marrying a non-migrant.

A bench of Justices Atul Sreedharan and Mohammad Yousuf Wani clarified, “.. to hold that the woman would lose her status as a migrant only because she, out of the natural urge of forming a family, had to marry a non-migrant on account of existing circumstances, would be grossly discriminatory and militates against the very concept of justice. This discrimination becomes even more brazen where a male migrant continues to remain a migrant notwithstanding the fact that he has married a non-migrant”

Unregistered Agreement Insufficient To Transfer Leasehold Rights, Housing Board's Procedure Paramount: J&K High Court

Case Title: Sanjeev Gupta vs UT Of J&K

Citation: 2024 LiveLaw (JKL) 323

The Jammu and Kashmir and Ladakh High Court reaffirmed that an unregistered agreement to sell is inadequate to transfer leasehold rights, emphasizing the exclusive procedure of the J&K Housing Board for such transfers.

"False In One, False In All" Doctrine Doesn't Apply In India: J&K High Court Partially Overturns Acquittal In 24-Yr-Old Assault Case

Case Title: UT Of J&K Vs Showkat Ali

Citation: 2024 LiveLaw (JKL) 324

The High Court of Jammu and Kashmir and Ladakh reaffirmed that the doctrine of falsus in uno, falsus in omnibus—"false in one thing, false in everything" is inapplicable in Indian courts.

Instead, the court comprising Justices Rajnesh Oswal and Sanjay Dhar emphasized the necessity of carefully sifting through evidence, separating unreliable portions while relying on credible and corroborated testimony.

[Air Force Act] Choice Between Court Martial & Criminal Court Can Only Be Exercised After Probe & Before Magistrate's Cognizance: J&K High Court

Case Title: X Vs UT Of J&K

Citation: 2024 LiveLaw (JKL) 325

The Jammu and Kashmir and Ladakh High Court clarified that discretion under Section 124 of the Air Force Act, 1950, to choose between a court-martial and a criminal court, can only be exercised after the police investigation is complete and before the Magistrate takes cognizance of the case.

Medical Testimony Not Merely Corroborative But Independent Evidence, May Establish Facts Apart From Other Oral Evidence: J&K High Court

Case Title: Ravinder Singh Vs State of J&K

Citation: 2024 LiveLaw (JKL) 326

Highlighting the critical role of medical evidence in criminal trials, the Jammu and Kashmir and Ladakh High Court observed, that the evidence of a medical witness is very crucial to corroborate the case of prosecution and it is not merely a check upon testimony of eyewitnesses as it is also independent testimony because it may establish certain facts, quite apart from the other oral evidence.

Interest On Awarded Amount Cannot Exceed Rate Of 6% As Provided U/S 30(7) Of J&K Arbitration Act: High Court

Case Title: Union of India Vs M/S Sharma Construction Co. Akhnoor District Jammu

Citation: 2024 LiveLaw (JKL) 327

The Jammu & Kashmir And Ladakh High Court bench of Justice M A Chowdhary held that section 30(7) of the Jammu and Kashmir Arbitration Act, 1997 which was amended in 2010 is retrospective in nature. The interest on the awarded amount cannot exceed the rate of 6% per annum as provided in the section.

CPC | Second Appeals Must Strictly Comply With S.100 CPC, No Scope For Equitable Grounds Or Disturbing Concurrent Findings: J&K High Court

Case Title: State Of J&K Vs Mohammad Sayidullah Bhat

Citation: 2024 LiveLaw (JKL) 328

The Jammu and Kashmir and Ladakh High Court emphasised that conditions under Section 100 of the Code of Civil Procedure (CPC) must be strictly fulfilled before a second appeal can be maintained. The Court reiterated that a second appeal cannot be decided on equitable grounds, nor can concurrent findings of fact be disturbed by the High Court merely because they are erroneous.

Victim's Right To Participate Is Vital, But Hearing May Not Be Essential in Certain Cases Before Granting Relief: J&K High Court

Case Title: Peerzada Mohd Yehya Vs UT Of J&K

Citation: 2024 LiveLaw (JKL) 329

The Jammu and Kashmir and Ladakh High Court, while granting interim bail to an accused has emphasised that although a victim has the right to participate in criminal proceedings at all stages, there are instances where hearing the victim may not be necessary before granting relief.

Justice Sanjay Dhar observed that if notifying the victim could defeat the purpose of the relief sought, the court may proceed to grant interim protection in such cases.

Constable With Colour Blindness Could Cause Danger To Public: J&K High Court Upholds Dismissal Of Constables From BSF

Case Title: Anand Vs Union of India

Citation: 2024 LiveLaw (JKL) 330

Emphasising the critical role of physical fitness in armed forces, the Jammu and Kashmir and Ladakh High Court dismissed petitions challenging the termination of two Border Security Force (BSF) constables diagnosed with colour blindness.

Justice Vinod Chatterji Koul upheld their dismissal, observing that such a condition could potentially endanger public safety due to the nature of their duties.

Illegal Smuggling Of Bovine Animals Not Only Law & Order Issue But Also Threatens Maintenance Of Public Order: J&K High Court

Case Title: Shakeel Mohd Vs UT Of J&K

Citation: 2024 LiveLaw (JKL) 331

Highlighting the grave repercussions of bovine smuggling on public order, the High Court of Jammu and Kashmir and Ladakh dismissed a habeas corpus petition filed against a preventive detention order issued under the J&K Public Safety Act, 1978.

Petition U/S 11 Of Arbitration Act Cannot Be Entertained After Lapse Of 3 Yrs From Date Of Cause Of Action Arising: J&K High Court

Case Title: M/s Mir SonsConstructions Pvt. Ltd Vs. Union Territory of J&K

Citation: 2024 LiveLaw (JKL) 332

The Jammu & Kashmir And Ladakh High Court bench of Justice Tashi Rabstan held that the petition under section 11 of the Arbitration Act cannot be entertained after lapse of 3 years from the date of cause of action having arisen.

O.14 R.5 CPC | Courts Can Amend Or Strike Out Issues Anytime Before Decree, But Must Hear Parties And Allow Evidence: J&K High Court

Case Title: Govind Ram Vs Vidhya Devi

Citation: 2024 LiveLaw (JKL) 333

Shedding light on the on the scope of judicial discretion under Order 14 Rule 5(1) and (2) of the CPC, the Jammu and Kashmir and Ladakh High Court reiterated that courts have the authority to amend, add, or strike out issues at any stage of a suit before a decree is passed.

Public Servant Exceeding Powers While Performing Official Duties Would Be Protected U/S 197 CrPC: J&K High Court

Case Title: Pawan Singh Rathore Vs Devinder Singh Katoch

Citation: 2024 LiveLaw (JKL) 334

The Jammu and Kashmir and Ladakh High Court ruled that Section 197 of the Code of Criminal Procedure (CrPC) provides protection not only for acts performed by public servants in the discharge of their official duties but also for those done in the purported discharge of such duties.

Courts Must Balance Citizen's Rights & Adherence To Timelines, Delay Must Not Be Exploited: J&K High Court

Case Title: Shabnam Soodan Vs Seema Gupta

Citation: 2024 LiveLaw (JKL) 335

The Jammu and Kashmir and Ladakh High Court underscored the necessity of distinguishing between genuine explanations for delays and inordinate, unexplained delays in judicial matters.

The Court held that while it has a duty to protect citizens' rights, it must remain vigilant against allowing parties to misuse the system by approaching courts at their convenience without sufficient cause.

Appointment Of Managing Director/Chairman Of Party As Arbitrator Is Prohibited U/S 12(5) Of Arbitration Act: J&K High Court

Case Title: Avtar Krishan Suri V/s The Estate Manager, J&K Small Scale Industries Development Corporation Ltd.

Citation: 2024 LiveLaw (JKL) 336

The Jammu & Kashmir and Ladakh High Court bench of Chief Justice Tashi Rabstan held that managing director or chairman of a party to the arbitration agreement cannot be appointed as Arbitrator in light of section 12(5) read with Seventh Schedule of the Arbitration Act.

J&K COBA 1988 | Authorities Cannot Exceed Grounds Specified In Show Cause Notice When Taking Action Against An Individual: High Court

Case Title: Building Operation Controlling Authority Vs Renu Gupta

Citation :2024 LiveLaw (JKL) 337

Reaffirming the foundational principle of administrative law that actions taken against individuals must strictly adhere to the grounds specified in the show cause notice the Jammu and Kashmir and Ladakh High Court ruled that authorities cannot transgress the boundaries of the notice as such transgressions undermine the principles of natural justice and render subsequent actions legally unsustainable.

Internal Complaint Committee Cannot Entertain Complaints Filed Beyond Three Month Limitation Period Under POSH Act: J&K High Court

Mohammad Altaf Bhat Vs Principal Chief of Commissioner and Ors.

Citation: 2024 LiveLaw (JKL) 338

The Jammu and Kashmir and Ladakh High Court held that an authority under the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 (POSH Act) lacks the jurisdiction to act upon and decide complaints filed beyond the condonable limitation period of three months, as provided under the second proviso to Section 9(1) of the Act.

Employer's Assessment Of Employee's Worth Is Final, Suitability Of An Individual For A Particular Post Cannot Be Scrutinized By Courts: J&K HC

Case Title: Shafayatulla Vs UT Of J&K

Citation: 2024 LiveLaw (JKL) 339

Emphasising that the assessment of an employee's worth and suitability must be left to the employer's bona fide decision the Jammu and Kashmir and Ladakh High Court observed that the suitability of an individual for a particular post and administrative exigencies cannot be scrutinized by courts.

Unregistered Agreement To Sell Confers Legal Right Upon Beneficiary To Seek Execution Of Subsequent Sale Instrument From Transferor: J&K HC

Case Title: Om Parkash and others Vs Khazoor Singh and another

Citation: 2024 LiveLaw (JKL) 340

The Jammu and Kashmir and Ladakh High Court held that an unregistered Agreement to Sell confers a legal right upon the beneficiary to seek the execution of a subsequent sale instrument from the transferor.

For this limited purpose, a suit based on such an agreement is maintainable under the law, the court stated while reaffirming the legal sanctity of such agreements in specific circumstances.

Domestic Violence Act Can Be Invoked For Past Domestic Relationships As Well: Jammu & Kashmir High Court

Case Title: Sardul Singh son of Joga Singh VS Davinder Kour wife of Gurinder Singh

Citation 2024 LiveLaw (JKL) 341

The Jammu & Kashmir High Court has held that the Protection of Women from Domestic Violence Act, 2005 (DV Act) can be invoked even in cases involving past domestic relationships where the parties have lived together in a shared household at any point in time.

Justice Sanjay Dhar clarified that the definition of "domestic relationship" under Section 2(f) of the DV Act is not confined to ongoing cohabitation but extends to relationships where shared residence existed previously.

J&K High Court Orders ₹11.63 Lakh Compensation To Family Of Electrician Electrocuted During Repair Work

Case Title: Vaishno Devi and ors Vs Commissioner Secy. to P.D.D. Department and ors.

Citation: 2024 LiveLaw (JKL) 342

Upholding the principle of respondeat superior, the Jammu and Kashmir and Ladakh High Court awarded ₹11.63 lakh as compensation to the family of an electrician who lost his life due to electrocution while conducting repairs on an 11 KV power line.

In allowing a compensation petition of the family of the deceased electrician Justice Javed Iqbal Wani observed,

“.. the petition succeeds and by issuance of writ of mandamus, the respondents are commanded to pay an amount of Rs. 11,63,000/- along with interest @7.5% per annum in favour of the petitioners from the date of filing of instant petition till the date of its actual payment”

Misconceived Consent Obtained On False Promise Of Marriage Constitutes Rape Under IPC: J&K High Court

Case Title: Sat Paul Vs UT Of J&K 2024 LiveLaw (JKL) 343

The Jammu and Kashmir and Ladakh High Court reiterated the legal principle that a promise to marry made with no intention of fulfillment, which induces consent for sexual intercourse, amounts to consent obtained under a misconception of fact. Such consent, the Court emphasised, cannot be excused under Section 90 of the Indian Penal Code (IPC) and can lead to a conviction for rape under Sections 375 and 376 IPC.

“Undermines Faith Of Common Man In Criminal Justice”: J&K High Court Calls For SITs To Address “Casual Probes” In NDPS Cases

Case Title: UT Of J&K Vs Irfan Qayoom

Citation: 2024 LiveLaw (JKL) 344

Emphasising the urgent need for specialized investigative teams to handle cases under the Narcotic Drugs and Psychotropic Substances (NDPS) Act the Jammu and Kashmir and Ladakh High Court observed that casual, unfair, and non-scientific investigations in NDPS cases creates a sense of insecurity and undermine the faith of the common man in the administration of the criminal justice.

Civil Courts Retain Exclusive Jurisdiction For Non-Industrial Disputes & Provide Alternative Remedies For Common Law Claims: J&K High Court

Case Title: J&K Bank Vs Abdul Majeed Bhat

Citation : 2024 LiveLaw (JKL) 345

The Jammu and Kashmir and Ladakh High Court held that if a dispute is not an industrial dispute nor relates to the enforcement of any rights under the Industrial Disputes Act (ID Act), the remedy lies exclusively in a civil court.

However, a bench of Justice Vinod Chatterji Koul clarified that if the dispute arises out of a right or liability under general or common law rather than the ID Act, the jurisdiction of the civil court becomes an alternative remedy, leaving the suitor the choice to pursue relief through either mechanism.

Proof Of Demand & Voluntary Acceptance Of Bribe Key For Conviction, Recovery Of Marked Currency Notes Not Sufficient: J&K High Court

Case Title: Mohammad Subhan Shah Vs State Of J&K

Citation: 2024 LiveLaw (JKL) 346

The Jammu and Kashmir and Ladakh High Court ruled that the recovery of marked currency notes or a positive hand wash test, without proof of demand and voluntary acceptance of a bribe, cannot sustain a conviction under anti-corruption laws.

“There Has Been An Increase In Inflation:" J&K High Court Emphasises Revising 'Notional Income' Under Second Schedule Of Motor Vehicles Act

Case Title: National Insurance Company Vs Lateef Ahmad Kohli & Ors

Citation: 2024 LiveLaw (JKL) 347

Recognising the impact of inflation and the devaluation of currency over the years the Jammu and Kashmir and Ladakh High Court has emphasised the need to revise the notional income of non-earning persons as stipulated in the Second Schedule of the Motor Vehicles Act, 1988.

A bench of Justice Sanjay Dhar has observed that the notional income of ₹15,000, fixed in 1994, fails to reflect current economic realities and must be reassessed to ensure fair and just compensation for victims of road accidents.

Award Passed By Ineligible Arbitrator Can Be Set Aside U/S 34 Of Arbitration Act: Jammu And Kashmir HC

Case Title: JAMKASH VEHICLEADS KASHMIR PVT LIMITED & ANR Vs. M/S WUERTH INDIA PVT. LTD. & ANR

Citation: 2024 LiveLaw (JKL) 348

The Jammu & Kashmir and Ladakh High Court bench of Justice Sanjay Dhar held that award passed by an ineligible arbitrator is liable to be set aside under section 34 of the Arbitration Act.

S.92 CPC | Leave Of Court Mandatory Prerequisite For Instituting Suit, Defect Cannot Be Cured Later: J&K High Court

Case Title: Rakesh Kumar Mahajan Vs Sidharth Wazir and others

Citation: 2024 LiveLaw (JKL) 349

Reinforcing the mandatory nature of Section 92 of the Civil Procedure Code (CPC) the Jammu and Kashmir and Ladakh High Court stated that the leave of the court is a condition precedent for instituting a suit under this section.

A bench of Justice Javed Iqbal Wani emphasized that a suit instituted without such prior leave is void ab initio, and the defect cannot be rectified later, terming it "basic and material."

J&K High Court Declares Grameen Bank's ₹2 Lakh Indemnity Bond Condition For New Appointees Void For Violating Banking Regulations

Case Title: Aaqib Rashid Sofi Vs Chairman, Jammu and Kashmir Grameen Bank and others.

Citation: 2024 LiveLaw (JKL) 350

The Jammu and Kashmir and Ladakh High Court quashed a contentious indemnity bond condition imposed by the Jammu and Kashmir Grameen Bank (JKGB).

The court ruled that the condition, which mandated new appointees to execute an indemnity bond of ₹2,00,000 and allowed its encashment upon premature resignation, was not only unauthorized under the Regional Rural Bank Regulations 2010 but also contrary to principles of fairness and public policy.

Specific Instances Verifiable By Statements Of Witnesses Essential To Establish “Subjective Satisfaction” For Issuing Detention Orders: J&K High Court

Case Title: Imran Rashid Rather Vs UT Of J&K

Citation: 2024 LiveLaw (JKL) 351

The Jammu and Kashmir and Ladakh High Court held that the grounds of detention disclosing specific instances verifiable by documents and/or statements of witnesses are essential to establish “subjective satisfaction,” and their absence vitiates detention orders.

Such was the finding of Justices Atul Sreedharan and Mohammad Yousuf Wani while setting aside the preventive detention of one Imran Rashid Rather under the Public Safety Act (PSA).

J&K Prevention Of Corruption Act | Mere Misuse Of Position By Public Servant Without Dishonest Intent Not 'Abuse' U/S 5(1)(d): High Court

Case Title: Raj Singh Gehlot Vs The Anti-Corruption Bureau

Citation: 2024 LiveLaw (JKL) 352

The High Court of Jammu & Kashmir and Ladakh held that mere misuse of position by a public servant, without dishonest intent, does not constitute abuse under Section 5(1)(d) of the J&K Prevention of Corruption Act. The court clarified that dishonest intent, aimed at securing a pecuniary advantage for oneself or others, is essential to attract the provision's mischief.

J&K High Court Reaffirms Quranic Injunctions, Secures Muslim Daughter's Inheritance Rights After 43-Year Legal Battle

Case Title: Ghulam Ahmad Bhat Vs State of J&K

Citation: 2024 LiveLaw (JKL) 353

Underscoring the sanctity of Quranic injunctions concerning inheritance rights the Jammu and Kashmir and Ladakh High Court ruled in favor of a Muslim woman's right to inherit her father's property, resolving a 43-year-long legal battle initiated by the late Mst. Mukhti. The court reaffirmed that the inheritance rights of daughters, as ordained in Surah An-Nisa of the Holy Quran, are inviolable and must be upheld without delay or prejudice.

No One Acquires Title To Property Through Gratuitous Occupation, Even If Possession Continues For Decades: J&K High Court

Case Title: Raj Singh Gehlot Vs The Anti-Corruption Bureau

Citation: 2024 LiveLaw (JKL) 354

Reaffirming a key principle of property law the Jammu and Kashmir and Ladakh High Court held that individuals occupying premises gratuitously cannot claim ownership or legal protection.

Justice Sanjay Dhar clarified that the protection can only be granted or extended to a person who has a valid subsisting rent agreement, lease agreement or license agreement in his favour.

Correctness Of Emoluments In Final 24 Months Before Retirement Is Indisputable For Retiral Benefits: J&K High Court

Case Title: Tarlok Chand Vs UT Of J&K

Citation: 2024 LiveLaw (JKL) 355

The Jammu and Kashmir and Ladakh High Court held that emoluments drawn by an employee during the final 24 months of service cannot be questioned when calculating retiral benefits.

Citing Article 242 of the J&K CSR Justices Sanjeev Kumar and Puneet Gupta observed,

“.. the correctness of emoluments drawn by an employee before twenty four (24) months of his retirement cannot be disputed while calculating the retiral benefits of such employee”

"Be Sensitive": J&K High Court Urges Trial Courts To Avoid 'Copy-Paste' Practices In Bail Orders

Case Title: Umar Bashir Khan Vs UT of J&K

Citation: 2024 LiveLaw (JKL) 356

The High Court of Jammu & Kashmir and Ladakh stressed the necessity for judicial sensitivity and diligence in dealing with bail applications.

A bench Justice Sanjay Dhar has emphasized that courts must avoid the “copy-paste syndrome” that has infiltrated judicial proceedings, as such practices can compromise the fundamental rights of individuals.