J&K&L High Court Weekly Round-up: January 9 To January 15, 2023

January 9 - January 15, 2023

Nominal Index 

Case Title: Nazir Ahmad Chopan Vs Abdul Rehman Chopan 2023 LiveLaw (JKL) 8

Case Title: Ruqaya Akhter Vs UT Through Crime Branch 2023 LiveLaw (JKL) 9

Case Title: Mst Haleema & Ors Vs Mst Dilshada & Ors 2023 LiveLaw (JKL) 10

Case Title: JK Montessori School Vs State of J&K & Ors 2023 LiveLaw (JKL) 11

Judgements/Orders 

S.143A NI Act | Magistrate Must Record Reasons For Exercising Discretionary Power To Order Interim Compensation: JKL High Court

Case Title: Nazir Ahmad Chopan Vs Abdul Rehman Chopan

Citation: 2023 LiveLaw (JKL) 8

The Jammu and Kashmir and Ladakh High Court reiterated that power to grant interim compensation under Sec 143-A of Negotiable Instrument Act is discretionary in nature and such interim relief must be based on reason and logic.

"There can be so many other reasons for a Magistrate to grant interim compensation in favour of the complainant but these reasons have to be recorded in the order so that the validity of the order is tested by the superior court if and when such an order is challenged", the court recorded.

S.102(3) CrPC Requiring Police Officer To Forthwith Report Seizure Of Property To Magistrate Only Directory In Nature: JKL High Court

Case Title: Ruqaya Akhter Vs UT Through Crime Branch.

Citation: 2023 LiveLaw (JKL) 9

The Jammu and Kashmir and Ladakh High Court held that since the provisions of CrPC do not provide for consequences of non-adherence to Section 102(3) it can be inferred that the said provision is not mandatory in nature even though the word “shall” has been used in the provision.

The provision stipulates that a police officer, after seizing any property, has to forthwith report the seizure to the Magistrate having jurisdiction and in case it is not convenient to transport the seized property to the court, he may entrust it to any person on his executing a bond to produce the property as and when required.

Muslim Law | No Need For Husband To Physically Depart From Gifted Property To Validate His Gift For Wife: JKL High Court

Case Title: Mst Haleema & Ors Vs Mst Dilshada & Ors.

Citation: 2023 LiveLaw (JKL) 10

The Jammu and Kashmir and Ladakh High Court observed that where a husband makes a gift to the wife, either of the matrimonial home occupied by both of them or any other property belonging to him, there is no need for actual physical departure by the donor to execute the Gift.

"The reason is that the relationship of husband and wife is different from any other relationship. Joint residence is an integral aspect of this relationship and the fact that the husband manages and looks after the property of the wife is backed by an implied presumption that he does it on behalf of his wife", Justice Sanjay Dhar recorded.

Sufficient Inbuilt Remedies Available Under J&K Electricity Act To Challenge Provisional Assessment, Writ Not Maintainable: High Court

Case Title: JK Montessori School Vs State of J&K & Ors.

Citation: 2023 LiveLaw (JKL) 11

The Jammu and Kashmir and Ladakh High Court observed that the J&K Electricity Act 2010 provides sufficient inbuilt appellate remedies for anyone aggrieved of provisional electricity assessment. Therefore, invoking the writ jurisdiction would not be an appropriate mechanism to challenge the same.

Observing that when statutory and equally efficacious remedy is available the writ petition should not be entertained and the party concerned should be relegated to such alternative remedy, Justice Nargal recorded,

"I don't find it a case, which is covered by the exceptions to the general rules that in the face of alternate and efficacious remedy, the Constitutional Court would entertain the present writ petition under Article 226 of the Constitution of India".