Jammu & Kashmir And Ladakh High Court Weekly Roundup: April 29 - May 5, 2024
Nominal Index [Citations 98 - 105]:Jahangir Ahmad Wani Vs UT Of J&K 2024 LiveLaw (JKL) 98Fayaz Ahmed Kaloo Vs Tej Krishan Ganjoo 2024 LiveLaw (JKL) 99Ghulam Mohammad Bhat Alias Gull Bhat Vs UT of J&K 2024 LiveLaw (JKL) 100Abdul Hamid Khandey Vs United India Insurance Company Limited and others 2024 LiveLaw (JKL) 101Rupen Patel Vs Union Of India 2024 LiveLaw (JKL) 102GHULAM QADIR MIR...
Nominal Index [Citations 98 - 105]:
Jahangir Ahmad Wani Vs UT Of J&K 2024 LiveLaw (JKL) 98
Fayaz Ahmed Kaloo Vs Tej Krishan Ganjoo 2024 LiveLaw (JKL) 99
Ghulam Mohammad Bhat Alias Gull Bhat Vs UT of J&K 2024 LiveLaw (JKL) 100
Abdul Hamid Khandey Vs United India Insurance Company Limited and others 2024 LiveLaw (JKL) 101
Rupen Patel Vs Union Of India 2024 LiveLaw (JKL) 102
GHULAM QADIR MIR & OTHERS Vs UT OF J&K 2024 LiveLaw (JKL) 103
Yaar Mohammad Kataria & anr V/s Union of India & ors 2024 LiveLaw (JKL) 104
Kunti Devi Vs Neelam Devi 2024 LiveLaw (JKL) 105
Judgments/Orders:
Case Title: Jahangir Ahmad Wani Vs UT Of J&K
Citation: 2024 LiveLaw (JKL) 98
Clarifying the scope of judicial review in preventive detention cases the Jammu and Kashmir and Ladakh High Court acknowledged that courts generally should respect the "subjective satisfaction" of the detaining authority and its apprehension that the person might get bail, however, this immunity is not absolute.
The court stressed that this immunity applies only when the said subjective satisfaction is based on strong and cogent material.
Case Title: Fayaz Ahmed Kaloo Vs Tej Krishan Ganjoo
Citation: 2024 LiveLaw (JKL) 99
The Jammu and Kashmir and Ladakh High Court dismissed a petition filed by Greater Kashmir, a J&K based newspaper, seeking to quash defamation proceedings initiated against the publication for allegedly defamatory news articles concerning the DAV Management Committee.
A bench of Justice Rahul Bharti thus vacated its interim freeze order on the proceedings that had been in force since 2019.
Case Title: Ghulam Mohammad Bhat Alias Gull Bhat Vs UT of J&K
Citation: 2024 LiveLaw (JKL) 100
Underscoring the paramount nature of the J&K Shariat Act 2007, the Jammu and Kashmir and Ladakh High Court ruled that the J&K Muslim Personal Law (Shariat) Application Act, 2007 overrides all customary laws in personal law matters.
Upholding the order of a lower forum in terms of which it has set aside a mutation done in contravention to the Act Justice Javed Iqbal Wani observed,
“Section 2 manifestly postulate that the Act of 2007 is enjoined upon to apply the Muslim Personal Law in all cases relating to the matters specified therein notwithstanding any customs or usages to the contrary”.
Case Title: Abdul Hamid Khandey Vs United India Insurance Company Limited and others
Citation: 2024 LiveLaw (JKL) 101
The Jammu and Kashmir and Ladakh High Court ruled that an insurance company cannot be held liable to compensate an insured unless the vehicle owner discharges the initial burden of proving the driver's license validity.
Case Title: Rupen Patel Vs Union Of India
Citation: 2024 LiveLaw (JKL) 102
Clarifying the scope under which Look Out Circulars (LOCs) can be issued, the Jammu and Kashmir and Ladakh High Court ruled that LOCs can be used against individuals if their departure from the country would be detrimental to the economic or public interests, provided the decision is based on substantial material.
Case Title: GHULAM QADIR MIR & OTHERS Vs UT OF J&K
Citation: 2024 LiveLaw (JKL) 103
Reinforcing the legal principle that an unregistered agreement to sell cannot confer any right, title, or interest in immovable property the Jammu and Kashmir and Ladakh High Court emphasised that such agreements do not grant ownership rights.
Case Title: Yaar Mohammad Kataria & anr V/s Union of India & ors.
Citation: 2024 LiveLaw (JKL) 104
The Jammu and Kashmir and Ladakh High Court ruled that victims of terrorist violence, communal clashes, left-wing extremism, cross-border firing, and mine/IED blasts cannot be denied benefits under the Central Scheme for Assistance to Civilian Victims (CSACV) solely because the incident occurred before the scheme's official launch.
Case Title: Kunti Devi Vs Neelam Devi
Citation: 2024 LiveLaw (JKL) 105
The Jammu and Kashmir and Ladakh High Court ruled that a wife attending calls from unknown numbers during the dead of night wouldn't constitute abetment of suicide under Section 107 of the Indian Penal Code (IPC).
Justice Sanjeev Kumar made this observation while dismissing a criminal revision petition filed by Kunti Devi, the mother of the deceased, Surinder Kumar, against the discharge of her daughter-in-law Neelam Devi from the case.