J&K&L High Court Weekly Round-Up: March 27 To April 2, 2023

Jia Lal Vs UT of J&K & Anr 2023 LiveLaw (JKL) 65

IFFCO TOKIO General Insurance Co. Ltd Vs Om Prakash 2023 LiveLaw (JKL) 66

Zahid Hussain Jan Vs State of J&K 2023 LiveLaw (JKL) 67

UT of J&K Vs Munshi Masood 2023 LiveLaw (JKL) 68

Dr. Khair-Un-Nisa and others Shalini Sharma and others Vs UT of J&K & others 2023 LiveLaw (JKL) 69

Nikunj Sharma Vs State of J&K and another 2023 LiveLaw(JKL) 70

Mohammad Maqbool Regu and ors Vs Hilal Ahmad & Ors 2023 LiveLaw (JKL) 71

Judgments/Orders

General Allegations Of Insult Without Demonstrating Provocation To Breach Public Peace Won't Attract S.504 IPC: Jammu & Kashmir High Court

Case Title: Jia Lal Vs UT of J&K & Anr

Citation: 2023 LiveLaw (JKL) 65

The Jammu & Kashmir and Ladakh High Court observed that a mere act of insulting a person would not satisfy the ingredients of section 504 IPC ( Intentional insult with intent to provoke breach of the peace), rather insulting should be of such a nature as would give provocation to the person insulted to break the public peace or to commit any other offence, in order to attract the offence.

MV Act | Insurer Cannot Escape Liability On Premise That Legal Heirs Of DCase Title: IFFCO TOKIO General Insurance Co. Ltd Vs Om Prakash.

Case Title: IFFCO TOKIO General Insurance Co. Ltd Vs Om Prakash.

Citation: 2023 LiveLaw (JKL) 66

The Jammu and Kashmir and Ladakh High Court has ruled that the insurer cannot escape its liability to pay compensation to the claimants on the ground that the legal heirs of the deceased owner were not made parties to the claim petitions

Object Of Jurisdiction Under Article 226 Is Enforcement, Not Establishment Of Right/ Title, Can't Decide Disputed Facts: Jammu & Kashmir High Court

Case Title: Zahid Hussain Jan Vs State

Citation: 2023 LiveLaw (JKL) 67

Declining to display indulgence and exercising its jurisdiction under Article 226 of the Constitution, the Jammu and Kashmir and Ladakh High Court observed that the object of jurisdiction under Article 226 is the enforcement and not the establishment of right or title and hence a disputed question of fact cannot be investigated in a proceeding under Article 226 of the Constitution.

Civil Service Rules | Failure To Produce Chargesheet Within 3 Months Does Not Automatically Vitiate Employee's Suspension: Jammu & Kashmir High Court

Case Title: UT of J&K Vs Munshi Masood

Citation: 2023 LiveLaw (JKL) 68

Setting aside an order of Central Administrative Tribunal Srinagar, in terms of which it had quashed the suspension of an employee on the ground of his prolonged suspension, the Jammu and Kashmir and Ladakh High Court has recently ruled that failure to produce a challan/charge sheet within a period of three months does not automatically vitiate the suspension.

A bench comprising Justices Sanjeev Kumar and Puneet Gupta observed,

"It is true ordinarily whenever a Government servant is placed under suspension on a criminal charge, endeavour should be made to produce the charge sheet before the competent court of law within a period of three months. The failure to produce a challan/charge sheet within a period of three months does not automatically vitiate the suspension".

Jammu & Kashmir High Court Imposes ₹1L Cost On CWC And JJB Members For "Forum Shopping" Regarding Their Re-Appointments

Case Title: Dr. Khair-Un-Nisa and others Shalini Sharma and others Vs UT of J&K & others.

Citation: 2023 LiveLaw (JKL) 69

The Jammu & Kashmir and Ladakh High Court dismissed a petition to quash and set aside an advertisement notification for selections to constitute Juvenile Justice Boards and Child Welfare Committees under the Juvenile Justice (Care and Welfare) Act, 2015.

"The re-agitation of the issue may or may not be barred by the principle of “res judicata” but the same may, in the given circumstances, tantamount to an abuse of process of Court", the court said.

Investigation Into Non-Cognizable Offences Without Magistrate's Permission Can't Be Regularised By Subsequently Adding Cognizable Offences: J&K High Court

Case Title: Nikunj Sharma Vs State of J&K and another

Citation: 2023 LiveLaw(JKL) 70

The Jammu and Kashmir and Ladakh High Court ruled that once an FIR is registered for non-cognizable offences, the inclusion of a cognizable offence at a later stage of the investigation could not be used to circumvent the law.

Inadvertence To Produce Document Not Substantial Cause To Invoke Order XLI Rule 27 CPC: Jammu & Kashmir High Court

Case Title: Mohammad Maqbool Regu and ors Vs Hilal Ahmad & Ors.

Citation: 2023 LiveLaw (JKL) 71

The Jammu and Kashmir and Ladakh High Court ruled that inadvertence on the part of a party to produce a document before the Court cannot be construed as a substantial cause within the meaning of Rule 27 of Order XLI of the Civil Procedure Code(CPC) to allow application for production of additional documents.

"Mere fact that certain evidence is important per se is not in itself a sufficient ground for admitting that evidence in appeal," Justice Javed Iqbal Wani remarked.