Jammu & Kashmir And Ladakh High Court Weekly Round-Up July 22 - July 28, 2024

Nominal Index:MUJEEB UL ASHRAF DAR Vs MUSHTAQ AHMAD WANI 2024 LiveLaw (JKL) 197ABDUL MAJID KIRMANI & ANR. Vs BILAL AHMAD KIRMANI 2024 LiveLaw (JKL) 198Kamran Ali Khan Vs State of J&K 2024 LiveLaw (JKL) 199National Insurance Company Vs Zahoor Ahmad Sofi 2024 LiveLaw (JKL) 200JAVAID AHMAD KUMAR Vs UNION OF INDIA 2024 LiveLaw (JKL) 201Union Of India Vs M/s Onkar Nath Bhalla and...

Court's Inherent Powers Not Boundless, Expressions Such As 'Abuse Of Process' Or 'Securing Ends Of Justice' Don't Grant Unlimited Jurisdiction: J&K High Court

Emphasising that the inherent powers under Section 482 of the Criminal Procedure Code (CrPC) are not boundless the Jammu and Kashmir and Ladakh High Court has clarified that expressions such as “abuse of process of law” or “to secure the ends of justice” do not grant the High Court unlimited jurisdiction.Spotlighting the mandate of these inherent power Justice Javed Iqbal Wani...

Leave Granting Authority Can Call For Second Medical Opinion Before Deciding On Genuineness Of Employee's Medical Leave: J&K High Court

While setting aside an order treating the absence of an employee as unauthorised and directing for its regularization, the Jammu and Kashmir and Ladakh High Court has emphasized that the competent authority has the option to secure a second medical opinion before concluding on the genuineness of medical leave.Citing Rule 19 (III) of the Leave Rules, 1979 Justice Sanjay Dhar observed, “From...

J&K High Court Dismisses Bail Plea Of Man Who Ran Property Scam By Posing As Co-Producer Of 'Bahubali' Film

The Jammu and Kashmir and Ladakh High Court has dismissed the bail application of Nagraj V., a self-proclaimed entrepreneur and industrialist, who has been embroiled in a Rs 1 crore scam involving fraudulent property transactions.In declining relief to the accused, Justice Rajnesh Oswal underscored the seriousness of the allegations against him for having posed as a co-producer of the...

HC Seeks Information From J&K Govt On Adherence To Policy Guidelines While Issuing ST Certificates Amidst Allegations Of Procedural Lapses

The Jammu and Kashmir and Ladakh High Court has called for detailed information on whether the policy guidelines for issuing Scheduled Tribe (ST) certificates are being adhered to in letter and spirit. This directive comes amidst allegations of procedural lapses and improper issuance of ST certificates by district authorities in Ganderbal.Passing directions to this effect Justice Wasim...

S.34 Drugs & Cosmetics Act | Proof Of Actual Responsibility Of Company At Time Of Offence Crucial To Attract Culpability: J&K High Court

Quashing a criminal complaint under the Drugs and Cosmetics Act the Jammu and Kashmir and Ladakh High Court has ruled that not every person connected with the company may fall within the ambit of the provisions of section 34 of the Act of 1940.Justice Javed Iqbal Wani has clarified that it is essential to prove that the person who was in charge of and responsible for the conduct of the...

Court Can Invoke Power Of Review To Correct Inadvertent Errors, Misrepresentation Even After Judgement Is Pronounced: J&K High Court

The Jammu & Kashmir and Ladakh High Court recently ruled that once a judgment is pronounced or an order is made, the court becomes “functus officio”, meaning it loses control over the matter, and the judgment or order becomes final, however, with the doctrine of review standing as an exception to this rule.Justice Javed Iqbal Wani, while hearing a review petition, stated, “The...

Jammu & Kashmir High Court Takes Suo Moto Cognizance To Expedite Retrieval Of Drowned Indian Man's Body From Pakistan

The High Court of Jammu & Kashmir and Ladakh has taken suo motu cognizance to expedite the retrieval of a man's body from Pakistan. The deceased, Harash Nagotra, tragically drowned in the Chenab River, and his body was discovered across the border, in Pakistan.Initially, a petition was filed by Indu Bhushan Bali, requesting the court to treat the matter as a PIL under Articles 226 and 227...

Jammu And Kashmir High Court Orders De-Sealing Of Doctor's Clinic Sealed For Alleged Violations Of Clinical Establishments Act

The High Court of Jammu and Kashmir and Ladakh has directed the authorities to de-seal the Aas Neuropsychiatric De-Addiction and Pain Management Clinic owned by Dr. Sumeet Singh, a renowned Psychiatrist in Kathua Jammu.In granting the interim relief Justice Mohammad Yousuf Wani observed, “In the meantime, subject to any contrary orders of this Court, the respondents under the command...

NI Act | Unless Accused Pleads Not Guilty, Interim Compensation U/S 143-A Cannot Be Granted: J&K High Court

The Jammu and Kashmir and Ladakh High Court quashed three orders passed by the Chief Judicial Magistrate, Srinagar, awarding interim compensation to a complainant under Section 143-A of the Negotiable Instruments Act (NI Act). The Court held that interim compensation can be granted only after the accused pleads not guilty to the accusation and the Magistrate applies his mind to...

[DV Act] Arrest Warrants Unjustified In Domestic Violence Cases Since Proceedings Are Civil In Nature: J&K High Court

The Jammu and Kashmir and Ladakh High Court has unequivocally condemned the use of coercive processes like warrants of arrest in domestic violence cases.A bench of Justice Sanjay Dhar while hearing a petition challenging the issuance of such warrants, observed that proceedings under the Protection of Women from Domestic Violence Act (DV Act) are inherently civil in nature and not...

Any attempt To Modify Award Under Section 34 is not permissible: J&K High Court

The Jammu & Kashmir and Ladakh High Court has set aside a judgment from a subordinate court modifying an arbitral award while underscoring that under Section 34 of the J&K Arbitration and Conciliation Act, 1997, courts lack the authority to modify arbitral awards and can only either uphold or set aside the awards.The question arose from an award in which the Arbitral Tribunal directed...