Jammu & Kashmir And Ladakh High Court Monthly Digest: December 2024

UT Of J&K Vs Showkat Ali 2024 LiveLaw (JKL) 324

X Vs UT Of J&K 2024 LiveLaw (JKL) 325

Ravinder Singh Vs State of J&K 2024 LiveLaw (JKL) 326

Union of India Vs M/S Sharma Construction Co. Akhnoor District Jammu 2024 LiveLaw (JKL) 327

State Of J&K Vs Mohammad Sayidullah Bhat 2024 LiveLaw (JKL) 328

Peerzada Mohd Yehya Vs UT Of J&K 2024 LiveLaw (JKL) 329

Anand Vs Union of India 2024 LiveLaw (JKL) 330

Shakeel Mohd Vs UT Of J&K 2024 LiveLaw (JKL) 331

M/s Mir Sons Constructions Pvt. Ltd Vs. Union Territory of J&K 2024 LiveLaw (JKL) 332

Govind Ram Vs Vidhya Devi 2024 LiveLaw (JKL) 333

Pawan Singh Rathore Vs Devinder Singh Katoch 2024 LiveLaw (JKL) 334

Shabnam Soodan Vs Seema Gupta 2024 LiveLaw (JKL) 335

Avtar Krishan Suri V/s The Estate Manager, J&K Small Scale Industries Development Corporation Ltd 2024 LiveLaw (JKL) 336

Building Operation Controlling Authority Vs Renu Gupta 2024 LiveLaw (JKL) 337

Mohammad Altaf Bhat Vs Principal Chief of Commissioner and Ors 2024 LiveLaw (JKL) 338

Shafayatulla Vs UT Of J&K 2024 LiveLaw (JKL) 339

Om Parkash and others Vs Khazoor Singh and another 2024 LiveLaw (JKL) 340

Sardul Singh son of Joga Singh VS Davinder Kour wife of Gurinder Singh 2024 LiveLaw (JKL) 341

Vaishno Devi and ors Vs Commissioner Secy. to P.D.D. Department and ors 2024 LiveLaw (JKL) 342

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

UT Of J&K Vs Irfan Qayoom 2024 LiveLaw (JKL) 344

J&K Bank Vs Abdul Majeed Bhat 2024 LiveLaw (JKL) 345

Mohammad Subhan Shah Vs State Of J&K 2024 LiveLaw (JKL) 346

National Insurance Company Vs Lateef Ahmad Kohli & Ors 2024 LiveLaw (JKL) 347

JAMKASH VEHICLEADS KASHMIR PVT LIMITED & ANR Vs. M/S WUERTH INDIA PVT. LTD. & ANR 2024 LiveLaw (JKL) 348

Rakesh Kumar Mahajan Vs Sidharth Wazir and others 2024 LiveLaw (JKL) 349

Aaqib Rashid Sofi Vs Chairman, Jammu and Kashmir Grameen Bank and others 2024 LiveLaw (JKL) 350

Imran Rashid Rather Vs UT Of J&K 2024 LiveLaw (JKL) 351

Raj Singh Gehlot Vs The Anti-Corruption Bureau 2024 LiveLaw (JKL) 352

Ghulam Ahmad Bhat Vs State of J&K 2024 LiveLaw (JKL) 353

Raj Singh Gehlot Vs The Anti-Corruption Bureau 2024 LiveLaw (JKL) 354

Tarlok Chand Vs UT Of J&K 2024 LiveLaw (JKL) 355

Umar Bashir Khan Vs UT of J&K 2024 LiveLaw (JKL) 356

Judgments/Orders:

"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.