J&K&L High Court Weekly Round-up: October 3 To October 9, 2022

• Mushtaq Ahmad Pandit Vs Addl Deputy Commissioner & Ors 2022 LiveLaw (JKL) 168

• Mohd Hussain Vs Shabnam Ara 2022 LiveLaw (JKL) 169

• Custodian General Vs J&K Special Tribunal 2022 LiveLaw (JKL) 170

• Cadila Pharmaceuticals Ltd Vs Drug Inspector Kathua 2022 LiveLaw (JKL) 171

• Cipla Ltd Vs State of J&K 2022 LiveLaw (JKL) 172

• Ravinder Kumar Gupta Vs UT of J&K 2022 LiveLaw (JKL) 173

• Bashir Ahmed Vs UT of J&K 2022 LiveLaw (JKL) 174

• Syed Afshana Bhat Vs University of Kashmir & Ors 2022 LiveLaw (JKL) 175

• Bimla Ji Bhat & Ors Vs Union of India 2022 LiveLaw (JKL) 176

• Murtaza Rashid Vs UT of J&K 2022 LiveLaw (JKL) 177

Judgements/Orders :

• Consent Decree Must Not Be Used For Avoiding Registration Of Sale Deeds, Paying Stamp Duty: J&K&L High Court

Case Title : Mushtaq Ahmad Pandit Vs Addl Deputy Commissioner & Ors.

Citation : 2022 LiveLaw (JKL) 168

The Jammu and Kashmir and Ladakh High Court cautioned the civil courts that while exercising their jurisdiction utmost care should be taken to ensure that a consent decree is not sought to achieve sinister purposes like avoiding registration of sale deeds or paying stamp duty.

"A collusive decree cannot be used as a cloak for the sale deed. There could be numerous occasions where parties in collusion with each other may approach the civil Courts for passing the decrees in contravention of law and for achieving the unlawful objects," Said Justice Sanjeev Kumar in a judgement.

• S.12 DV Act | Magistrate Can Revoke Summons Based On Response Filed By Husband/ Relatives: J&K&L High Court

Case Title :Mohd Hussain Vs Shabnam Ara

Citation : 2022 LiveLaw (JKL) 169

The Jammu and Kashmir and Ladakh High Court ruled that a Magistrate would be well within its jurisdiction to cancel the interim order passed by it under Section 12 of the Domestic Violence Act, if upon going through the response of the husband and his relatives, it finds that they have been unnecessarily roped in or no case for grant of interim order is made out.

• J&K Evacuees Property Act | Tribunal Competent To Exercise Powers Of Revision Against Orders Of Custodian General U/S 30-A: J&K&L HC

Case Title :Custodian General Vs J&K Special Tribunal

Citation : 2022 LiveLaw (JKL) 170

Determining several important legal questions pertaining to the cases under the Evacuees Property Act, the Jammu and Kashmir and Ladakh High Court held that J&K Special Tribunal can exercise powers of revision against the orders passed by the Custodian General, Evacuee Property.

• Company Upon Conviction Can Be Sentenced To Punishment Of Fine Even Though Offence Carries Punishment of Imprisonment As Well: J&K&L High Court

Case Title :Cadila Pharmaceuticals Ltd Vs Drug Inspector Kathua

Citation : 2022 LiveLaw (JKL) 171

The Jammu and Kashmir and Ladakh High Court ruled that where a company is alleged to have committed a criminal offence and is liable to be prosecuted even without impleading its Directors/persons responsible for conduct of its day to day business, upon conviction, the said company can be sentenced to punishment of fine, even though the offence for which the company has been convicted carries punishment of imprisonment as well.

• Drugs & Cosmetics Act | Defeating Accused' Right To Adduce Evidence U/S 25(3) In Controversion of Govt Analyst's Report Vitiates Prosecution: J&K&L HC

Case Title :Cipla Ltd Vs State of J&K

Citation : 2022 LiveLaw (JKL) 172

The Jammu and Kashmir and Ladakh High Court ruled that once it is established that the valuable right of the accused under Section 25(3) of the Drugs and Cosmetics Act 1940 to adduce evidence in controversion of the Government Analyst's report is defeated due to acts and omissions of the Drugs Inspector, prosecution against the accused deserves to be quashed.

• J&K Public Safety Act | Acts Of Land Grabbing Do Not Warrant Detention Under Public Safety Act: J&K&L High Court

Case Title :Ravinder Kumar Gupta Vs UT of J&K

Citation : 2022 LiveLaw (JKL) 173

The Jammu & Kashmir & Ladakh High Court, while quashing a detention order under J&K Public Safety Act, recently ruled that acts of land grabbing do not fall within the purview of the activities prejudicial to the maintenance of public order as per the provisions of the Jammu and Kashmir Public Safety Act, 1978

• Nature of Police Service Cannot Be Equated With Any Other Service, Convicted Person Not Fit To Serve In Police: J&K&L High Court

Case Title :Bashir Ahmed Vs UT of J&K

Citation : 2022 LiveLaw (JKL) 174

The Jammu and Kashmir and Ladakh High Court observed that the nature of service of a police official cannot be equated with the nature of any other service and a person who has been convicted of a criminal charge is definitely not fit to serve as police official/officer.

"Even otherwise, once the petitioner was convicted of a criminal charge, even though, he was granted benefit of probation, it was open to the respondents to refuse to take him back in service, because the service of police department is not like service of any other department. A person, who has been convicted of a criminal charge is definitely not fit to serve as police official/officer not even as an SPO". Justice Sanjay Dhar observed.

• UGC Regulations 2010 | Teacher's Adhoc Service Of More Than One Year To Be Counted For Direct Recruitment Or Promotion: J&K&L High Court

Case Title : Syed Afshana Bhat Vs University of Kashmir & Ors

Citation : 2022 LiveLaw (JKL) 175

The Jammu and Kashmir and Ladakh High Court ruled that period of ad hoc or temporary services of more than one year duration is provided to be counted for direct recruitment or promotion under Career Advancement Scheme of Teacher, subject to the condition laid down in Clause 10.1 of the UGC Regulations 2010.

• Medical Claim Cannot Be Denied Solely For Having Undergone Emergency Treatment In A Hospital Not Prescribed In Govt Order: J&K&L High Court

Case Title : Bimla Ji Bhat & Ors Vs Union of India.

Citation : 2022 LiveLaw (JKL) 176

The Jammu and Kashmir and Ladakh High Court recently ruled that an employee cannot be denied medical reimbursement solely on the ground that he had undergone treatment in a speciality hospital by himself, which was not at all recognized or approved by the State or not included in the Government order.

"The amount of medical reimbursement is constitutional obligation towards sufferer which is a beneficial legislation in a welfare State for its employees, therefore, the rules and instructions formulated should be construed liberally in favour of the employees for granting them the relief rather than to adopt the wooden attitude to deprive the person of his/her dues."

• Situation In Kashmir Does Not Permit Disclosure Of Confidential Information In Detention Order, Might Affect National Security: High Court

Case Title : Murtaza Rashid Vs UT of J&K

Citation : 2022 LiveLaw (JKL) 177

The Jammu and Kashmir and Ladakh High Court said that the disclosure of confidential and sensitive information in the grounds of detention of a person detained under Public Safety Act [PSA] can be counter-productive to the maintenance of normalcy in the Valley.

The bench of Chief Justice Pankaj Mithal and Justice Moksha Kazmi Khajuria observed:

"It may be worth noting that nothing more as revealed in the grounds of detention could have been spelt out as it would have been counter-productive to the maintenance of security of the State and normalcy in the valley. The situation in the valley does not permit disclosure of any further confidential or sensitive information which if goes in the hands of the separatist group would certainly be a great threat to the nation".