Jammu and Kashmir and Ladakh High Court Weekly Round-Up February 12 - February 18, 2024

Kaka Ram Vs Mangat Ram 2024 LiveLaw (JKL) 16

Executive Engineer Roads and Buildings, Bandipora Vs Nazir Ahmad Teli 2024 LiveLaw (JKL) 17

Daljit Singh Vs Dhanwant Kour 2024 LiveLaw (JKL) 18

Muyeeb Shafi Ganie Vs UT of J&K 2023 LiveLaw (JKL) 19

Babu Ram vs Tata Project Ltd. Residential Manager and Ors 2024 LiveLaw (JKL) 20

Mohammad Shafi Dar Vs Directorate of Enforcement and another 2024 LiveLaw (JKL) 21

Judgments/Orders:

Court's Observations In Interim Relief Applications Are Tentative & Temporary, Not Final Opinion On Merits Of Case: J&K High Court

Case Title: Kaka Ram Vs Mangat Ram

Citation: 2024 LiveLaw (JKL) 16

Clarifying that observations made by a court while considering an application for interim relief are tentative and temporary, the Jammu and Kashmir and Ladakh High Court said that the character of these observations is not to be construed as a final expression of any opinion as to the merits of the case.

“While considering an application for interim relief, be it the trial court or an appellate court, while making any observation or recording any findings qua the controversy involved in the case, such observations or findings recorded are always tentative and temporary in nature and character being not final expression of any opinion as to the merits of the case”, Justice Javed Iqbal Wani recorded.

[Payment Of Wages Act] Employer Responsible For Wage Payment If Contractor Fails To Make Such Payment: Jammu & Kashmir High Court

Case Title: Executive Engineer Roads and Buildings, Bandipora Vs Nazir Ahmad Teli

Citation: 2024 LiveLaw (JKL) 17

Reaffirming the employer's primary responsibility for wage payment under the Payment of Wages Act, 1936 the Jammu and Kashmir and Ladakh High Court has said that it shall be the responsibility of the employer to make payment of all wages required to be made under the Act in case the contractor or the person designated by the employer fails to make such payment.

[O.7 R.14 CPC] Failure to Produce Necessary Document Doesn't Automatically Lead To Rejection Of Suit, Court Holds Discretion: J&K High Court

Case Title: Daljit Singh Vs Dhanwant Kour

Citation: 2024 LiveLaw (JKL) 18

The Jammu and Kashmir and Ladakh High Court ruled that failing to produce documents during a proceeding under Rule 14(3) of Order 7 CPC doesn't lead to automatic rejection of the suit. It noted that the Court under this provision, holds the authority to permit the submission of these documents at a subsequent stage.

A bench of Justice Javed Iqbal Wani observed, “..It can be said that the failure to produce the documents as required by Rule 14 does not entail either rejection of the plaint or dismissal of the suit, but the only penalty for failure to produce the documents is laid down in Sub-rule (3), which envisages that the plaintiff cannot be allowed to produce such documents without the leave of the Court”.

Likelihood Of Getting Bail No Ground To Invoke Public Safety Act, Authority Must Challenge Bail Order Before Higher Forum: J&K High Court

Case Title: Muyeeb Shafi Ganie Vs UT of J&K

Citation: 2023 LiveLaw (JKL) 19

Quashing a public detention order under the Public Safety Act (PSA), the Jammu and Kashmir and Ladakh High Court highlighted the importance of due process and criticized authorities for resorting to preventive detention instead of challenging bail.

If authorities fear a released individual might resume criminal activities, they should oppose their bail application or challenge a potential bail grant in higher courts. Preventive detention, the court emphasized, should not be a knee-jerk reaction based solely on the possibility of bail.

High Court At Designated 'Venue' Has Jurisdiction, J&K High Court Dismisses S. 11 Application

Case Title: Babu Ram vs Tata Project Ltd. Residential Manager and Ors.

Citation: 2024 LiveLaw (JKL) 20

The Jammu & Kashmir and Ladakh High Court bench comprising Chief Justice N. Kotiswar Singh affirmed that when parties specify a particular location as the venue for arbitration proceedings, that location effectively becomes the seat of arbitration. Consequently, only courts with jurisdiction over that designated venue possess the authority to hear and decide on matters pertaining to the arbitration agreement, the court said.

Jammu & Kashmir High Court Grants Bail To State Cooperative Bank's Ex-Chairman In Alleged 233 Crore Money Laundering Scam

Case Title: Mohammad Shafi Dar Vs Directorate of Enforcement and another

Citation: 2024 LiveLaw (JKL) 21

The Jammu and Kashmir and Ladakh High Court has granted bail to former J&K State Cooperative Bank Chairman Muhammad Shafi Dar, arrested by the Enforcement Directorate (ED) in connection with an alleged Rs 233 crore money laundering scam.

Allowing Dar's bail petition a bench of Justice Rahul Bharti observed, “The petitioner is well within his right to say and agitate that so long as the decision to grant loan on behalf of the J&K State Cooperative Bank, Kashmir, Srinagar is to be reckoned as having been taken by the Board of Management then the liability and the responsibility for the said decision cannot be individualized to the petitioner alone and absolving the rest of the board members”.