J&K&L High Court Round-Up: March 20 To March 26, 2023

Nominal Index

India Tourism Development Corporation Limited & Anr Vs Fayaz Ahmad Sheikh & Ors. 2023 LiveLaw (JKL) 60

Ms. X (MINOR) Vs UT of J&K & Ors 2023 LiveLaw (JKL) 61

Bopinder Singh Dua Vs UT of J&K 2023 LiveLaw (JKL) 62

Manzoor Ahmad Dar Vs State of J&K 2023 LiveLaw (JKL) 63

Mst Haleema & Ors Vs Mst Dilshada & Ors. 2023 LiveLaw (JKL) 64

Judgements/Orders

S.25F ID Act Not Complied: Jammu & Kashmir High Court Says Acceptance Of Compensation Won't Estop Workmen From Challenging Retrenchment

Case Title: India Tourism Development Corporation Limited & Anr Vs Fayaz Ahmad Sheikh & Ors.

Citation: 2023 LiveLaw (JKL) 60

The Jammu and Kashmir and Ladakh High Court ruled that in cases where there is a failure on the part of an employer to abide by the prescription of Section 25 of the Industrial Disputes Act 1947, the application of doctrine of Estoppel cannot lie against the employee who accepted compensation, while challenging his retrenchment order.

A bench comprising Justices Rajnesh Oswal and Mohan Lal observed,

"From the records, it is established that the retrenchment amount was paid to the Respondents in utter disregard of Section 25-F of the Act of 1947 and, therefore, once the employer has not followed the statutory obligation, then the acceptance of the retrenchment amount would not to be an estoppel for the workmen to challenge the order of retrenchment...If the manner of doing a particular act is prescribed under any Statute, then the act must be done in that manner only. Once an act prescribed under any Statute is not done in accordance with the conditions prescribed for its performance, then the doer of the said act cannot derive any benefit of that Act."

Jammu & Kashmir High Court Permits Minor Rape Victim To Medically Terminate 30 Weeks Old Pregnancy

Case Title: Ms. X (MINOR) Vs UT of J&K & Ors.

Citation: 2023 LiveLaw (JKL) 61

The Jammu and Kashmir and Ladakh High Court allowed the medical termination of a 30 week unwanted foetus, observing that while exercising the powers under Article 226 of the Constitution, a Constitutional Court has got wider powers than what is prescribed under Section 3(2) of the MTP Act of 1971.

No Distinction Between Retired & Inservice Employees For Prosecution Under Jammu & Kashmir Prevention Of Corruption Act: High Court

Case Title: Bopinder Singh Dua Vs UT of J&K.

Citation: 2023 LiveLaw (JKL) 62

The Jammu and Kashmir and Ladakh High Court made it clear that even retired employees of a Public Corporation can be be prosecuted under the Jammu & Kashmir Prevention of Corruption Act, if the circumstances so warrant.

Justice Javed Iqbal Wani observed that Section2(2)(c) of the Act, which defines 'Public Servant', is wide enough to include inservice as well as retired officer/servants/ member of the Corporation.

Can't Direct Govt To Enforce Strict Prohibition On Liquor, Directive Principles Not Enforceable: Jammu & Kashmir High Court

Case Title: Manzoor Ahmad Dar Vs State of J&K.

Citation: 2023 LiveLaw (JKL) 63

Observing that Courts cannot issue a writ of mandamus for enforcing the directive principles of State policy, the Jammu and Kashmir and Ladakh High Court closed a petition seeking closure of liquor shops and establishments in the UT, besides seeking rehabilitation of those engaged in this business.

The bench comprising Justices Sanjeev Kumar and Puneet Gupta was hearing a plea seeking recall of the order passed by the division bench of the court on October, 27, 2015, in a Public Interest Litigation (PIL) which was filed by Karwani Islami Society, registered under the Societies Registration Act, 1998, seeking direction to the erstwhile State of J&K, to take necessary steps for prohibition of sale and consumption of liquor in the erstwhile State of J&K.

Order XLVII CPC | Erroneous View Of Law Not A Ground For Review: Jammu & Kashmir High Court

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

Citation: 2023 LiveLaw (JKL) 64

The Jammu & Kashmir and Ladakh has reiterated that an erroneous view of law is not a ground for review and a court cannot rehear and correct an erroneous judgment by way of a review.

"I am afraid the scope of review cannot be extended to re-appreciation of the evidence led by the parties before the trial court nor can this Court, in exercise of its power of review, sit over its own judgment regarding interpretation of a document," Justice Dhar explained.

News Updates

Srinagar Court Dismisses Bail Plea Of Alleged Conman Who Posed As PMO Official

A Srinagar court dismissed the bail plea of man from Gujarat, Kiran Patel, who who allegedly conned the security establishment in Jammu and Kashmir into believing him to be a PMO official and got the requisite perks on his multiple visits to J&K

The Court of Chief Judicial Magistrate (CJM) Srinagar Raja Mohammad Tasleem while finding the bail plea devoid of any merit observed,

"There is enough material available on the file, suggestive of the fact that while meeting different and variety of people and conducting meeting with highly elevated officials of civil administration and police the accused may have received hefty amount for different purpose which areas seem not to have been investigated so far and further no recoveries have been made by the investigating agency so far, hence a detailed and thorough investigating is also required to be conducted as far as this area of the matter is concerned".