Jammu and Kashmir and Ladakh High Court Weekly Roundup March 18 - March 24, 2024

Anil Kumar Aggarwal V/s Enforcement Directorate th. its Assistant Director, Jammu 2024 LiveLaw (JKL) 44

Union of India Vs Chain Singh & Ors 2023 LiveLaw (JKL) 45

Amit Kumar Vs UT of J&K 2024 LiveLaw (JKL) 46

Om Prakash Vs UT Of J&K 2024 LiveLaw (JKL) 47

Shani Devi Vs Fr. Tomi Principal Christ School 2024 LiveLaw (JKL) 48

Shabir Ahmad Wani Vs UT Of J&K 2024 LiveLaw (JKL) 49

Jagdish Kumar Vs State of J&K 2024 LiveLaw (JKL) 50

UT of Jammu and Kashmir Vs Rahul Kumar 2024 LiveLaw (JKL) 51

Qadeer Hussain Vs UT of J&K 2024 LiveLaw (JKL) 52

Khursheed Ahmad Lone vs Director Social Forestry And Others 2024 LiveLaw (JKL) 53

Qadeer Hussain Vs UT of J&K 2024 LiveLaw (JKL) 54

Judgments/Orders:

[PMLA] Charges Can't Proceed If Investigation Into Predicate Offence Is Stalled: J&K High Court

Case Title: Anil Kumar Aggarwal V/s Enforcement Directorate th. its Assistant Director, Jammu

Citation: 2024 LiveLaw (JKL) 44

The Jammu and Kashmir and Ladakh High Court ruled that charges under the Prevention of Money Laundering Act (PMLA) cannot proceed if the investigation into the original crime (known as the predicate offence) is stalled.

A bench of Justice Sanjay Dhar clarified,

“Offences under PMLA are stand alone offences, yet their origin is the Scheduled offences. Once the Scheduled offence ceases to exist or is extinguished, an accused cannot be proceeded against in respect of offences under PMLA”.

Two Conflicting Decrees Not Permissible In Same Appeal Against Deceased & Surviving Respondents, Appeal Liable To Be Abated As A Whole: J&K High Court

Case Title: Union of India Vs Chain Singh & Ors.

Citation: 2023 LiveLaw (JKL) 45

The Jammu and Kashmir and Ladakh High Court, while addressing the ramifications of the abatement of an appeal due to the demise of certain respondents, ruled that proceeding with an appeal against the surviving respondent(s) is untenable hence leading to a dismissal of the appeal in its entirety.

Spelling out the reasons for the same Justice M A Chowdhary observed,

“..The basic reason being that in the absence of the legal representatives of deceased respondent, the appellate Court cannot determine between appellant and the legal representatives anything which may affect the rights of the legal representatives”.

S. 91 CrPC | Accused Can Seek Production Of Document Withheld By Investigator During Charge Framing If It Is Found To Be Of Sterling Quality: J&K HC

Case Title: Amit Kumar Vs UT of J&K

Citation: 2024 LiveLaw (JKL) 46

The Jammu and Kashmir and Ladakh High Court clarified the legal position regarding an accused's right to produce evidence at the stage of framing charges and ruled that an application under Section 91 of the Criminal Procedure Code (CrPC) can be made by the accused even during the framing of charges if certain conditions are met.

A bench of Justice Sanjeev Kumar had said,

“An application under Section 91 CrPC at the instance of the accused would lie even at the stage of framing of charge if the accused makes out a case that there is a document or material of sterling quality lying with the I.O, but has not been submitted to the Court along with the charge-sheet and such document or material is necessary and desirable for the purposes of framing of charge”.

J&K Land Revenue Act | Power To Set Aside Mutation Quasi-Judicial In Nature, No Such Administrative Power Vested With Dy Commissioner: J&K High Court

Case Title: Om Prakash Vs UT Of J&K

Citation: 2024 LiveLaw (JKL) 47

The Jammu and Kashmir and Ladakh High Court ruled that a Deputy Commissioner has no power to set aside mutation orders passed by a Tehsildar, highlighting that such power is quasi-judicial and requires adherence to principles of natural justice.

Citing various provisions of the J&K Land Revenue Act Justice Sanjay Dhar observed,

“I am afraid, there is no such administrative power vested with the Deputy Commissioner that would give him jurisdiction to set aside the mutation orders passed by the Tehsildar. The power to attest a mutation as also the power to set aside the mutation, is quasi judicial in nature. The said power can never be termed as an administrative power of the Revenue Officer”.

J&K Transfer Of Property Act | Buyer's Possession Only Permissive, Doesn't Convert To Ownership Till Property Is Registered: High Court

Case Title: Shani Devi Vs Fr. Tomi Principal Christ School

Citation: 2024 LiveLaw (JKL) 48

The Jammu and Kashmir High Court clarified that under the J&K Transfer of Property Act 1977, the execution of a contract for sale or agreement to sell does not automatically transfer ownership rights to the buyer. Instead, the title remains with the seller, even if the buyer has taken possession of the property, it emphasised.

Justice Javed Iqbal Wani highlighted that possession by the buyer under such agreements is permissive and does not constitute a transfer of an interest in the property. This means that until the property is registered under the Registration Act, the buyer does not acquire ownership rights, he underscored.

Preventive Detention Can't Be Used As Substitute For Punitive Detention Which Follows Regular Course Of Law: J&K High Court

Case Title: Shabir Ahmad Wani Vs UT Of J&K

Citation: 2024 LiveLaw (JKL) 49

Quashing the preventive detention orders against an individual accused of orchestrating a fraudulent scheme targeting students the Jammu and Kashmir and Ladakh High Court said that alleged offences of cheating under Sec 420 read with section 120-B of the IPC cannot be read to be prejudicial to the maintenance of public order.

When Raising Plea Of "Equal Pay For Equal Work" Onus Falls Upon Employee To Prove Substantial Similarity In Nature Of Work: J&K High Court

Case Title: Jagdish Kumar Vs State of J&K

Citation: 2024 LiveLaw (JKL) 50

While reaffirming the fundamental principle of "equal pay for equal work" enshrined under Article 16(1) read with Article 14 and 39(d) of the Constitution of India the Jammu and Kashmir and Ladakh High Court ruled that the onus falls upon the employee seeking parity under the "equal pay for equal work" principle to prove substantial similarity in the nature of work performed.

[S.31 POCSO Act] No Jurisdiction Conferred On Special Court To Independently Try Other Offences Without There Being Any POCSO Offence: J&K High Court

Case Title: UT of Jammu and Kashmir Vs Rahul Kumar.

Citation: 2024 LiveLaw (JKL) 51

Making a significant clarification regarding the jurisdiction of Special Courts designated under the Protection of Children from Sexual Offences Act (POCSO Act) the Jammu and Kashmir and Ladakh High Court explained that Section 31 of the POCSO Act regulates the procedure followed in Special Courts but doesn't grant them independent authority to try offences not covered under the Act.

Awarding Govt Jobs Without Following Proper Advertisement & Selection Process Violates Article 16 Of Constitution: J&K High Court

Case Title: Qadeer Hussain Vs UT of J&K

Citation: 2024 LiveLaw (JKL) 52

Emphasising the paramount importance of adhering to the principles enshrined in Article 16 of the Constitution regarding public employment the jammu and Kashmir and Ladakh High Court ruled that regular appointments to government posts cannot be made without following the proper procedure of issuing advertisements inviting applications from eligible candidates and conducting a fair selection process.

Contract To Refer Disputes To Director Of Social Forestry Department Whose Finding Is Final And Binding Constitutes Valid Arbitration Agreement: J&K High Court

Case Title: Khursheed Ahmad Lone vs Director Social Forestry And Others

Citation: 2024 LiveLaw (JKL) 53

The Jammu & Kashmir And Ladakh High Court held that a contract to refer disputes to the Director of the Social Forestry Department, whose findings would be final and binding constituted a valid arbitration agreement.

“A perusal of the said Clause 18, would show that it does not specifically mention that the dispute between the parties shall be referred to an arbitrator. What the aforesaid clause mentions is that the dispute shall be referred to the Director, Social Forestry Department Jammu and Kashmir, Srinagar Kashmir, whose decision shall be final and binding on the parties.”

S.452 CrPC | Futile To Keep Seized Vehicles At Police Stations For Long Periods, Courts Can Pass Appropriate Orders By Taking Bond, Security: J&K High Court

Case Title: Qadeer Hussain Vs UT of J&K

Citation: 2024 LiveLaw (JKL) 54

Clarifying the process of disposing of case property under section 452 of the Code of Criminal Procedure the Jammu and Kashmir and Ladakh High Court emphasised that the authority vested in the court under this section is judicial in nature and should be exercised for valid reasons, considering the nature of the property and the evidence before the court.