Jammu & Kashmir And Ladakh High Court Weekly Round-Up August 5th - August 11th 2024

Nazir Ahmad Mir Vs State of J&K 2024 LiveLaw (JKL) 219

Abdul Qayoom Mugloo Vs Irfana & Ors 2024 LiveLaw (JKL) 220

Bashir Ahmad Sheikh Vs Mehran Ibn Bashir and Ors 2024 LiveLaw (JKL) 221

R6 Technologies Private Vs UT of J&K 2024 LiveLaw (JKL) 222

Abrar Ahmad Tantray Versus State of J&K 2024 LiveLaw (JKL) 223

Gautam Anand Vs Union Of India 2024 LiveLaw (JKL) 224

Dr Afaq Ahmad Khan Vs UT of J&K 2024 LiveLaw (JKL) 225

Hem Raj Vs UT of J&K & Ors 2024 LiveLaw (JKL) 226

Gourav Khajuria Vs UT of J&K 2024 LiveLaw (JKL) 227

Kirmania Model High School, Batwina, Ganderbal Versus Union Territory of J&K and others 2024 LiveLaw (JKL) 228

National Investigation Agency Vs Abid Mushtaq Mir 2024 LiveLaw (JKL) 229

Judgments/Orders:

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.