Jammu & Kashmir And Ladakh High Court Weekly Round-Up: May 13 - May 19, 2024

Sheikh Mohammad Sadiq (deceased) Through his Legal Representatives Vs Jammu & Kashmir Bank 2024 LiveLaw (JKL) 115

M/s A L Construction Vs UT of J&K 2024 LiveLaw (JKL) 116

Mst. Raja Vs State Of J&K 2024 LiveLaw (JKL) 117

Mohammad Shafi Vs Union Of India 2024 LiveLaw (JKL) 118

FAROOQ AHMAD WANI Vs TARIQ AHMAD KHAN 2024 LiveLaw (JKL) 119

Judgments/Orders:

Courts Have Discretion To Condone Delay Even Without Formal Application Under Section 5 Of Limitation Act: J&K High Court

Case Title: Sheikh Mohammad Sadiq (deceased) Through his Legal Representatives Vs Jammu & Kashmir Bank

Citation; 2024 LiveLaw (JKL) 115

The Jammu and Kashmir and Ladakh High Court established that courts have the discretion to condone delay in bringing legal heirs on record, even without a formal application under Section 5 of the Limitation Act.

In upholding a trial court order of condoning delay without a formal application to that effect Justice M A Chowdhary observed,

“Although, it is the general practice to make a formal application under Section 5 of the Limitation Act 1963, in order to enable the Court or Tribunal to weigh the sufficiency of the cause for the inability of the appellant/applicant to approach the Court/Tribunal within the time prescribed by limitation, there is no bar to exercise by the Court/Tribunal, of its discretion, to condone delay in the absence of a formal application”.

'Antithetical To Public Interest': J&K High Court Modifies Interim Order Which Halted Construction Projects Having Implications On National Security

Case Title: M/s A L Construction Vs UT of J&K

Citation: 2024 LiveLaw (JKL) 116

Vacating an interim order that had stalled key construction projects, the Jammu and Kashmir and Ladakh High Court reiterated that judicial intervention in government contracts should be limited, prioritizing public interest.

The projects, including the construction of the IRP Battalion Headquarters in Kishtwar and the Anti-Corruption Bureau Office in Doda, were held up due to a dispute over the petitioner M/s A L Construction's work completion certificates.

Excess Salary Paid Due To Wrong Interpretation Of Rules Can't Be Taken Back From Retd Employee: J&K High Court Quashes Recovery Order

Case Title: Mst. Raja Vs State Of J&K

Citation: 2024 LiveLaw (JKL) 117

Quashing a recovery order passed by the Srinagar Development Authority (SDA) directing a retired employee, Mohammad Ramzan Tantray, to return the excess amount paid due to a mistake in his pay scale upgrade the Jammu and Kashmir and Ladakh High Court ruled that recovery of excess amount paid to an employee due to a mistake or wrong interpretation of rules cannot be made.

Pension Is A Property Under Article 31(1), Any Interference With It Violative Of The Constitution: J&K High Court

Case Title: Mohammad Shafi Vs Union Of India

Citation: 2024 LiveLaw (JKL) 118

Protecting the pension rights of a retired Sanitary Inspector the Jammu and Kashmir and Ladakh High Court reiterated that pension a hard-earned benefit which accrues to an employee, constitutes “property” under Article 31(1) and any interference will be a breach of Article 31(1) of the Constitution.

S.311 CrPC | Broad Wording Of Section Allowing "Any Court To Summon Witnesses At Any Stage" Of Proceedings, Should Not Be Restricted: J&K High Court

Case Title: FAROOQ AHMAD WANI Vs TARIQ AHMAD KHAN

Citation: 2024 LiveLaw (JKL) 119

The Jammu and Kashmir and Ladakh High Court reiterated the wide discretion a court has under Section 311 of the Criminal Procedure Code (Cr.P.C.) to ensure a just decision.

In a judgment passed by Justice Javed Iqbal Wani, the court emphasized that the broad wording of the section, allowing "any court" to summon witnesses "at any stage" of the proceedings, should not be restricted.