Jammu & Kashmir And Ladakh High Court Weekly Roundup: October 21 - October 27, 2024

Dr Sumit Sabarwal Vs Dr Om Prakash Gupta 2024 LiveLaw (JKL) 282

United India Insurance Company Vs Taja Begum 2024 LiveLaw (JKL) 283

Shafqat Wani Vs Universal Sompo General Insurance Co. Ltd 2024 LiveLaw (JKL) 284

J&K High Court Bar Association, Srinagar, through, Arshad Andrabi Vs State Of J&K 2024 LiveLaw (JKL) 285

M/S Multi Trading Agencies v. UT of J&K (and connected matters) 2024 LiveLaw (JKL) 286

Pr. Commissioner of Income Tax V/s J & K Power Development Corporation Limited 2024 LiveLaw (JKL) 287

Shivali Sharma Vs Army Public School Through Its President AWES 2024 LiveLaw (JKL) 288

United Insurance Co Ltd Vs Fatima Begum 2024 LiveLaw (JKL) 289

Mehmood Ur Rayaz Bhat Vs UT Of J&K 2024 LiveLaw (JKL) 290

Judgments/Orders:

Is Letters Patent Appeal Maintainable Against Order Of Single-Judge In Criminal Jurisdiction?: J&K High Court Refers To Larger Bench

Case Title: Dr Sumit Sabarwal Vs Dr Om Prakash Gupta

Citation: 2024 LiveLaw (JKL) 282

To determine whether a Letters Patent Appeal (LPA) under Clause 12 of the Letters Patent applicable to Jammu & Kashmir and Ladakh is maintainable against an order or judgment passed by a Single Judge in criminal jurisdiction, the Division Bench of the Jammu & Kashmir and Ladakh High Court referred the matter to the Chief Justice for further reference to a Larger Bench.

Vehicle's Proximity To Accident, Not Its Motion Is Key In Determining Liability Under Motor Vehicles Act: J&K High Court

Case Title: United India Insurance Company Vs Taja Begum

Citation: 2024 LiveLaw (JKL) 283

The Jammu and Kashmir and Ladakh High Court ruled that the determination of whether an accident has arisen from the use of a motor vehicle depends on whether the accident was reasonably proximate to the vehicle's use, irrespective of whether the vehicle was in motion.

Motor Vehicles Act | Cover Note Issued U/S 145 Constitutes Valid 'Certificate Of Insurance' To Establish Insurance Liability: J&K High Court

Case Title: Shafqat Wani Vs Universal Sompo General Insurance Co. Ltd.

Citation: 2024 LiveLaw (JKL) 284

The Jammu and Kashmir and Ladakh High Court clarified that a Cover Note issued under Section 145 of the Motor Vehicles Act, 1988 (MVA), constitutes a valid 'Certificate of Insurance', to establish the insurance liability.

While overturning a Tribunal's decision and holding the insurer liable to pay compensation for an accident that occurred within the policy's coverage period a bench of Justice M. A Chowdhary explained that a 'Certificate of Insurance' includes a Cover Note meeting the prescribed requirements and if multiple certificates are issued for a policy or a copy of a certificate is provided, all such certificates or copies are collectively considered part of the 'Certificate of Insurance.'

High Court Dismisses Plea Challenging Amendment to Public Safety Act By 'J&K Bar Association, Srinagar' Due To Lack of Locus Standi

Case Title: J&K High Court Bar Association, Srinagar, through, Arshad Andrabi Vs State Of J&K

Citation: 2024 LiveLaw (JKL) 285

The Jammu and Kashmir and Ladakh High Court, comprising Chief Justice Tashi Rabstan and Justice M.A. Chowdhary dismissed a Public Interest Litigation (PIL) filed by the J&K High Court Bar Association, Srinagar. The PIL, which challenged the validity of the 2018 Amendment to the Jammu & Kashmir Public Safety Act (PSA), was dismissed on the grounds of maintainability and lack of locus standi.

S.107(4) CGST Act | Appellate Authority Can't Condone Delay Beyond 30 Days In Filing Appeal But HC May Consider Exceptional Cases: J&K High Court

Case Title: M/S Multi Trading Agencies v. UT of J&K (and connected matters)

Citation: 2024 LiveLaw (JKL) 286

The Jammu and Kashmir and Ladakh High Court held that the Appellate Authority under the Central Goods and Services Tax Act/ J&K Goods and Services Tax Act cannot condone the delay in filing appeal beyond 30 days.

Notice U/S 271(1)(c) Of IT Act Must Specify Whether Penalty Is Against 'Concealment' Of Income Or Furnishing 'Incorrect' Income: J&K High Court

Case Title: Pr. Commissioner of Income Tax V/s J & K Power Development Corporation Limited

Citation: 2024 LiveLaw (JKL) 287

The Jammu and Kashmir and Ladakh High Court made it clear that notice to an assessee proposing imposition of penalty under Section 271(1)(c) of the Income Tax Act, 1961 has to clearly specify whether assessee is accused of 'concealing' his income or furnishing 'incorrect' income particulars.

Army Public Schools Are Not 'State' Under Article 12, Employment Disputes Not Maintainable Under Writ Jurisdiction: J&K High Court

Case Title: Shivali Sharma Vs Army Public School Through Its President AWES

Citation: 2024 LiveLaw (JKL) 288

The Jammu & Kashmir and Ladakh High Court ruled that Army Public Schools (APS) and their governing body, the Army Welfare Education Society (AWES), do not qualify as the "State" under Article 12 of the Indian Constitution.

Consequently, a bench of Justice Wasim Sadiq Nargal clarified that employment disputes concerning APS teachers, governed by private contractual terms, cannot be challenged through writ jurisdiction under Article 226.

MV Act | Narrow Or Technical Interpretation Of “Income” Defeats Objective Of Providing Just Compensation To Victims, Dependents: J&K High Court

Case Title: United Insurance Co Ltd Vs Fatima Begum

Citation: 2024 LiveLaw (JKL) 289

Underscoring the importance of a balanced approach in determining compensation under the Motor Vehicles Act, the Jammu and Kashmir and Ladakh High Court emphasized that the term “income” cannot be given a narrow or technical meaning, as such an approach defeats the objective of providing just compensation to victims and their dependents.

Denial Of Bail Must Be A Judicious Exception, Personal Liberty Under Article 21 'Too Precious' To Be Curtailed Casually: J&K High Court

Case Title: Mehmood Ur Rayaz Bhat Vs UT Of J&K

Citation: 2024 LiveLaw (JKL) 290

Reaffirming the fundamental value of personal liberty enshrined under Article 21 of the Constitution, the Jammu and Kashmir and Ladakh High Court granted absolute anticipatory bail to one accused in a case involving sexual offenses and harassment.

While making the interim pre arrest bail absolute in nature Justice Mohammad Yousuf Wani emphasized that the denial of bail is not a matter of routine and must only be exercised judiciously, with sensitivity to both individual and societal interests.