J&K&L High Court Weekly Round Up: September 19 To September 25, 2022

Nominal Index :

Citations 2022 LiveLaw (JKL) 160 TO 2022 LiveLaw (JKL) 167

Bashir Ahmad Bhat Vs Ghulam Ahmad Bhat 2022 LiveLaw (JKL) 160

Tabasum Mir Vs Union of India 2022 LiveLaw (JKL) 161

Saleema Begum & Ors Vs State of J&K 2022 LiveLaw (JKL) 162

UT of J&K Vs Hilal Ahmad Rather 2022 LiveLaw (JKL) 163

Sanjay Kumar Vs State of J&K and others 2022 LiveLaw (JKL) 164

Khursheed Ahmad Bhat Vs UT of J&K & Ors 2022 LiveLaw (JKL) 165

Prem Nath & Ors Vs State of J&K 2022 LiveLaw (JKL) 166

State of J&K & Ors Vs Mir Fathima 2022 LiveLaw (JKL) 167

Judgements/Orders :

Order XLI Rule 3-A CPC | Failure To File Appeal With Application For Condonation Of Delay Curable Defect, Can Be Filed Subsequently: J&K&L High Court

Case Title :Bashir Ahmad Bhat Vs Ghulam Ahmad Bhat

Citation : 2022 LiveLaw (JKL) 160

The Jammu and Kashmir and Ladakh High Court while answering a question as to what are the consequences if an appeal is not accompanied by an application as mentioned in Subrule (1) of Rule 3A in Order 41 of CPC observed,

"The Deficiency of not accompanying application for condonation of delay is curable defect and if required such an application can be filed subsequently and the appeal can be treated as presented in accordance with the requirem Rule 3A of Order XLI CPC".

Black Money Stashed Abroad Threatens National Security : J&K&L High Court

Case Title :Tabasum Mir Vs Union of India

Citation : 2022 LiveLaw (JKL) 161

The Jammu and Kashmir and Ladakh High Court observed that money stashed abroad by evading tax could be used in ways which could threaten national security.

The division bench of Justices Ali Mohammad Magrey and M.A Chowdhary observed that tax evasion puts a disproportionate burden on the honest taxpayers as they have to bear the brunt of higher taxes to make up for the revenue leakage caused by the evasion.

The court added that stashing away of black money abroad by some people with the intent to evade taxes has been a matter of deep concern to the nation.

Electrocution: High Court Orders J&K Admin To Pay Over Rs 24 Lakh Compensation To Victim's Family

Case Title :Saleema Begum & Ors Vs State of J&K

Citation : 2022 LiveLaw (JKL) 162

The Jammu & Kashmir and Ladakh High Court directed the Jammu and Kashmir administration to pay over Rs 24 lakh as compensation to the family of a person who died due to electrocution after an 11,000 KV line fell on his head in north Kashmir's Uri area in July 2013.

"The respondents being the managers of the electric supply of the area were duty bound in law to ensure that the requisite measures are in place to prevent the leakage, loss of such energy or to see that the wire snapped would not remain live on the road to endanger the lives of the people," said the court.

Suspension For Alleged Misconduct Not Punishment But Prolonged Suspension Amounts To Punishment: J&K&L High Court

Case Title:UT of J&K Vs Hilal Ahmad Rather

Citation : 2022 LiveLaw (JKL) 163

The High Court of J&K and Ladakh held that suspension of an employee over alleged misconduct is not a punishment but, if the suspension is prolonged for more than 4 years, then it amounts to punishment, as it has very strong stigmatic social connotations.

The court observed that from the perusal of the order of suspension, it was clear that the inquiry was required to be completed within 15 days, "which itself proves beyond any shadow doubt that the State was conscious of the seriousness and urgency involved in the matter, yet they slept over the matter for four long years to initiate an inquiry by way of issuing chargesheet to the delinquent".

Forced Labour Prevalent Even After 75 Years Of Independence': J&K&L High Court On Class-IV Employee's Rs 500 Annual Wage

Case Title : Sanjay Kumar Vs State of J&K and others

Citation : 2022 LiveLaw (JKL) 164

The Jammu and Kashmir and Ladakh High Court ruled that the payment of wages at the rate of Rs. 500 per year since 1998 to a government school employee is clearly a form of Forced Labour, which is strictly prohibited under Article 23 of the Constitution of India.

"This Court being a custodian of the fundamental rights cannot shut its eyes to the injustice carried out against the petitioner by an act of the State, which claims to achieve socio economic equality as the cherished dreams of the Constitution," said a single bench in an order dated September 19.

[Public Safety Act] State's Apprehension Of Accused Getting Bail In Criminal Case Cannot Lead To Preventive Detention: J&K&L HC

Case Title :Khursheed Ahmad Bhat Vs UT of J&K & Ors.

Citation : 2022 LiveLaw (JKL) 165

The Jammu and Kashmir and Ladakh High Court, while quashing a preventive detention order, observed that offence of cheating and fraud, without having wider ramifications, cannot be made the basis for issuing a detention order in the name of maintaining public order.

"Unless the criminal act attributed to the detenue has the effect of disturbing the even tempo of life of community or public at large, it would remain in the realm of "Law and order" and thus cannot be made the basis of preventive detention", the bench added.

Mere Reinstatement Into Service Without A Clean Chit In Departmental Inquiry Not Ground To Quash Criminal Proceedings: J&K&L High Court

Case Title :Prem Nath & Ors Vs State of J&K

Citation : 2022 LiveLaw (JKL) 166

The Jammu and Kashmir and Ladakh High Court held that mere reinstatement into service without a clean chit in departmental inquiry is not a ground to quash criminal proceedings emanating from the set of allegations.

The bench of Justice Sanjay Dhar observed,

"It is clear that the petitioners, who were associated with the project, have not been given a clean chit, but their roles have come under scanner...merely because the petitioners have been reinstated pursuant to the departmental enquiry, does not mean that they can not be prosecuted for criminal offences."

Passenger Injured On Account Of Mine Blast Entitled To Compensation Under Motor Vehicle Act: J&K&L High Court

Case Title :State of J&K & Ors Vs Mir Fathima

Citation : 2022 LiveLaw (JKL) 167

The Jammu and Kashmir and Ladakh High Court ruled that even if the cause of accident is remote or as a result of subversive activity involved, the victim is entitled to grant of compensation under Motor Vehicle Act.

"The death of the deceased had taken place due to use of the vehicle and the same cannot be said that the land mine blast can divest the accident from the use of the vehicle. The appellants being functionaries of the law and order in the State knew it very well that planting of land mine was the order of the day in those days particularly the security vehicles being the target", the bench observed.

News Updates :

PIL To Make Vaishno Devi Stampede Report Public: High Court Seeks J&K Govt's Response

The Jammu & Kashmir & Ladakh High Court on Thursday gave a month's time to the J&K administration and Shri Mata Vaishno Devi Shrine Board to file their responses in a Public Interest Litigation seeking directions to make public the inquiry report on the stampede at the hilltop temple late on December 31 last year.

"No Respect" For High Court's Orders: Bailable Warrants Issued Against Kashmir's Divisional Commissioner & Deputy Commissioner of Srinagar

Taking a stern view over the defiance of its orders, the Jammu & Kashmir & Ladakh High Court on Tuesday issued bailable warrants against Divisional Commissioner, Kashmir and Deputy Commissioner, Srinagar, after both the authorities failed to file affidavits and appear before it in connection with the release of rental compensation in favour of a hotel owner which was hired for District Development Council and Panchayat elections held last year.