Jammu & Kashmir And Ladakh High Court Weekly Roundup: August 14 - August 20, 2023

Nominal Index:

MANAGING DIRECTOR JK HANDICRAFTS Vs AGA SYED MUSTAFA & ANR 2023 LiveLaw (JKL) 215

Aamir Javid Waza and ors. Vs Gousia Jan and Ors 2023 LiveLaw (JKL) 216

MOHAMMAD ASHRAF RESHI Vs STATE OF J&K 2023 LiveLaw (JKL) 217

Abdul Rashid Dar and others Vs Ghulam Qadir Dar and others 2023 LiveLaw (JKL) 218

Inder Jeet Singh Vs ICICI Lombard and another 2023 LiveLaw (JKL) 219

Vishwakarma Gun Works Vs Industrial Tribunal Court and Ors 2023 LiveLaw (JKL) 220

BR (name redacted) Vs State of J&K 2023 LiveLaw (JKL) 221

Vinod Kumar and Others v. State of J&K 2023 LiveLaw (JKL) 222

Judgments/Orders:

Industrial Disputes Act | Employer's Failure To Assign Work To Employee Deemed Retrenchment: Jammu & Kashmir High Court

Case Title: MANAGING DIRECTOR JK HANDICRAFTS Vs AGA SYED MUSTAFA & ANR.

Citation: 2023 LiveLaw (JKL) 215

The Jammu & Kashmir and Ladakh High Court ruled that even if an employer corporation does not explicitly issue a termination order, its behaviour of not assigning work to an employee while doing so for others can still be considered as retrenchment under the Industrial Disputes Act of 1947.

Justice Sanjay Dhar added that any cessation of a workman's service, apart from voluntary retirement, reaching superannuation, or termination due to ill health, is encompassed within the definition of retrenchment.

'Temporary Residence' Under Domestic Violence Act Includes Victim's Shelter Amidst Matrimonial Home Turmoil: Jammu & Kashmir High Court

Case Title: Aamir Javid Waza and ors. Vs Gousia Jan and Ors.

Citation: 2023 LiveLaw (JKL) 216

Clarifying the interpretation of the term "temporary residence" under the Protection of Women from Domestic Violence Act, 2005, the Jammu and Kashmir and Ladakh High Court emphasized that a "temporary residence" encompasses situations where an individual is compelled to find refuge due to domestic violence, or where they have been forced out of their matrimonial home.

Using Higher Denomination Note For Goods Of Lower Value Insufficient To Prove Knowledge For Possessing Counterfeit Currency: J&K High Court

Case Title: MOHAMMAD ASHRAF RESHI Vs STATE OF J&K

Citation: 2023 LiveLaw (JKL) 217

The Jammu & Kashmir and Ladakh High Court recently observed that tendering a higher denomination currency note for goods of lower value is common practice and does not necessarily indicate knowledge of forged notes.

Justice Sanjay Dhar added that no liability can be imposed under Sections 489B and 489C of the RPC unless it is proven that the person in possession or using forged currency notes had knowledge or reason to believe they were counterfeit.

Counterclaims Have Independent Status, Can Continue Despite Dismissal Of Primary Suit: Jammu & Kashmir High Court

Case Title: Abdul Rashid Dar and others Vs Ghulam Qadir Dar and others

Citation: 2023 LiveLaw (JKL) 218

The Jammu and Kashmir and Ladakh High Court observed that a counterclaim, once raised by a defendant, possesses an independent status and that even in cases where the primary suit is stayed, discontinued, or dismissed, the counterclaim can continue unabated.

Insurance Agents Liable For Errors In Insurance Applications, Must Provide Diligent Assistance To Customers: Jammu & Kashmir High Court

Case Title: Inder Jeet Singh Vs ICICI Lombard and another

Citation : 2023 LiveLaw (JKL) 219

The Jammu and Kashmir High Court held that insurance agents are required to provide careful and diligent assistance to customers while helping them complete insurance applications as intermediaries between clients and insurance companies.

Legality Of Award Passed By Labour Court Can't Be Challenged Under Article 226 Of Constitution: Jammu & Kashmir High Court

Case Title: Vishwakarma Gun Works Vs Industrial Tribunal Court and Ors.

Citation: 2023 LiveLaw (JKL) 220

The Jammu & Kashmir and Ladakh High Court held that the legality or correctness of an Award passed by the Labour Court cannot be challenged under Article 226 of the Constitution of India.

The Labour Court assumes the powers of a Civil Court when passing an award under the Industrial Disputes Act. Any orders from a Civil Court can be contested before the High Court only under Article 227 of the Constitution of India, by invoking the supervisory jurisdiction, it held.

Nothing Has Improved Even A Decade After Nirbhaya: Jammu & Kashmir High Court Convicts Grandfather Of Raping Toddler

Case Title: BR (name redacted) Vs State of J&K

Citation: 2023 LiveLaw (JKL) 221

Upholding the conviction of a man accused of raping his one-year-old granddaughter, the Jammu and Kashmir and Ladakh High Court expressed its concern that despite over a decade since the heinous Nirbhaya case, little progress has been made in addressing the increasing crimes against women and children.

25 Years On, Jammu & Kashmir High Court Orders Compensation To Landowners Affected By Ranjit Sagar Dam Submersion

Case Title: Vinod Kumar and Others v. State of J&K

Citation: 2023 LiveLaw (JKL) 222

The Jammu & Kashmir High Court directed the Union Territory to pay compensation to the landowners whose properties were submerged due to the construction of the Ranjit Sagar Dam (also known as Thein Dam Project) over 25 years ago.

Justice Wasim Sadiq Nargal added that the petitioners should not have to wait for intergovernmental settlements for the disbursement obligated to them.