Jammu & Kashmir And Ladakh High Court Weekly Roundup: February 26 - March 3, 2024

The Cooperative Market Society Limited Bishnah Vs Assistant Labour Commissioner 2024 LiveLaw (JKL) 25

Kewal Krishan Vs Union Territory of J&K 2024 LiveLaw (JKL) 26

Virender Kumar Chawla Vs Neha Chalwa 2024 LiveLaw (JKL) 27

Pawan Kumar Sharma Vs UT of J&K 2024 LiveLaw (JKL) 28

SHOWKAT AHMAD MIR Vs NIGHAT BEGUM 2024 LiveLaw (JKL) 29

Arjun Balraj Mehta Vs UT of Ladakh 2024 LiveLaw (JKL) 30

Judgments/Orders:

Payment Of Gratuity Act | Statutory Remedy Of Appeal Against Award Can't Be Circumvented To Escape Pre-Deposit Requirement: J&K High Court

Case Title: The Cooperative Market Society Limited Bishnah Vs Assistant Labour Commissioner

Citation: 2024 LiveLaw (JKL) 25

The Jammu and Kashmir and Ladakh High Court has ruled that the statutory remedy of appeal against an award passed by a Controlling Authority under the Payment of Gratuity Act, 1972, cannot be bypassed by approaching the High Court directly.

A bench of Justice Sanjeev Kumar clarified that the remedy of appeal against awards passed by Controlling Authorities, as prescribed under Section 7(7) of the Payment of Gratuity Act cannot be circumvented to avoid the essential pre-deposit requirement, crucial for the admission of appeals by the Appellate Authority.

J&K HC Orders Fresh Probe In Decade-Old Corruption Case Due To Flawed Investigation, Says No Legal Provision Prohibited IO From Reviewing Material

Case Title: Kewal Krishan Vs Union Territory of J&K

Citation: 2024 LiveLaw (JKL) 26

Ordering a fresh investigation into a decade old corruption case due to a flawed initial probe by the investigating agency, the Jammu and Kashmir and Ladakh High Court said it is extremely unreasonable on the part of the investigating agency to ignore examination of any evidence that is presented by the complainant to supported his accusations.

A bench of Justice Wasim Sadiq Nargal observed,

“if any evidence is sought to be presented by the complainant, which may or may not assist the investigating agency, but it is entirely unreasonable on part of the investigating agency to ignore its examination during investigation process. There is no legal provision that prohibits the investigating officer from reviewing the material if it is essential for uncovering the truth”.

[S.47 CPC] Power Of Executing Court Limited To Specific Questions On Execution, Discharge, Or Satisfaction Of Decree: J&K High Court

Case Title: Virender Kumar Chawla Vs Neha Chalwa

Citation: 2024 LiveLaw (JKL) 27

Highlighting the limitations on the powers of an executing Court under Section 47 of the Code of Civil Procedure (CPC), the Jammu and Kashmir and Ladakh High Court said that the powers of executing courts are confined to resolving issues directly related to the execution, discharge, or satisfaction of decrees.

A bench of Justice Javed Iqbal Wani has clarified,

“The scope of Section 47 is that it empowers the Executing Court to determine all questions arising between the parties to the suit or their representatives relating to the execution, discharge or satisfaction of the decree and not the questions which ought to have been raised during trial, at the time of filing of written statement, framing of issues or arguments”.

Court Must Curb Down On Parties Attempts To Take Different Stands Before Different Forums, Perjury Must Be Nipped In The Bud: J&K High Court

Case Title: Pawan Kumar Sharma Vs UT of J&K.

Citation: 2024 LiveLaw (JKL) 28

Dismissing a writ petition filed by a landowner claiming compensation for land acquired for highway expansion, the Jammu and Kashmir and Ladakh High Court emphasized that legal forums must not devolve into battlegrounds for tactical maneuvers.

Underscoring the Judiciary's duty to curb perjury and false statements a bench of Justice Vinod Chatterji Koul observed,

“The Courts must effectively intervene and nip the evil of perjury and false statements in the bud. Where a party takes different stand in different Courts and/or say at different stages/places to defeat the effort of other party to get benefit therefrom such an effort must be curbed down by the Courts effectively by binding him with his earlier statement(s) and his plea of raising a dispute should not be heard nor entertained”.

[S.97 CrPC] Father's Custody of Minor Child No Ground To Issue Search Warrant Unless Confinement Proven Illegal: J&K High Court

Case Title: SHOWKAT AHMAD MIR Vs NIGHAT BEGUM

Citation: 2024 LiveLaw (JKL) 29

Clarifying that a father's custody of his child cannot be considered illegal confinement under Section 97 of the Cr. P. C the Jammu and Kashmir and Ladakh High Court observed that the father of minor children having their custody cannot be per se said to be an offence for which the said provision could be invoked.

A bench comprising Justice Sanjay Dhar underscored,

“Unless it is shown from the material on record that confinement of a person is illegal in nature and it amounts to an offence, a Magistrate cannot exercise his powers under Section 97 of the Cr. P. C and issue a search warrant for production of such person”.

S.50 Wildlife Protection Act | Police Empowered to Tackle Wildlife Crimes, Investigation & Seizure Powers Granted: J&K High Court

Case Title: Arjun Balraj Mehta Vs UT of Ladakh

Citation: 2024 LiveLaw (JKL) 30

Affirming the authority of police officers to investigate offenses under the Wildlife Protection Act, the Jammu and Kashmir, and Ladakh High Court reiterated that a Police officer is sufficiently empowered to investigate the offenses committed under the Act and is hence equally competent to search and seize the offending articles in such matters.