Jammu & Kashmir And Ladakh High Court Weekly Round-Up: December 22 - December 29, 2024

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:

“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.