Jammu and Kashmir and Ladakh High Court Weekly Roundup June 24 - June 30, 2024

Nominal Index:State Vs Raj Kumar 2024 LiveLaw (JKL) 166Yunius Hussain Vs UT of J&K 2024 LiveLaw (JKL) 167Manzoor Hussain Vs UT Of J&K 2024 LiveLaw (JKL) 168ABDUL ROUF SHAH Vs ATIQA HASSAN & OTHERS 2024 LiveLaw (JKL) 169Vinod Kumar Vs Somi Devi 2024 LiveLaw (JKL) 170Sunil Kumar Vs Department of Agriculture J&K 2024 LiveLaw (JKL) 171NAZIR AHMAD DAR & ORS Vs UT Of J&K...

Employer Not Obligated To 'Launch Manhunt Across Globe For Absconding Employees': J&K High Court Upholds Dismissal Of CRPF Constable

Emphasising that an employer is not expected to launch a manhunt for an absconding employee across the globe the Jammu and Kashmir and Ladakh High Court has upheld the dismissal of a constable with the Central Reserve Police Force (CRPF), who had challenged his termination from service.Trashing a contention that the Enquiry Officer has failed to follow the principles of natural justice a bench...

Landowner Seeking Enhanced Compensation Must Prove Market Value Of Land Acquired Is Different From The One Assessed By Collector: J&K High Court

The Jammu and Kashmir and Ladakh High Court has recently clarified that the burden to prove that the market value of acquired land is different from the value assessed by the Collector rests on the landowners seeking enhanced compensation.A bench comprising Justice Sanjay Dhar maintained that so long as the land owner/ owners fail to discharge the burden cast on them, there is no question of...

Denial Of Leave To Attend To Ailing Mother No Grounds To Skip Duty: J&K High Court Upholds Withholding Of CRPF Personnel's Salary For Unauthorised Absence

The Jammu & Kashmir High Court has upheld the withholding of salary of a CRPF personnel for unauthorized absence from duty, observing that denial of leave to attend an ailing mother cannot be a ground to leave duty without permission.In dismissing a writ petition filed by petitioner Mohammad Yousuf Bhat, a constable in the CRPF, challenging the order of punishment imposed on him for...

Omnibus Allegations Without Specific Instances Of Harassment Not Sufficient To Attract Offense Of Abetment To Suicide: J&K High Court

Quashing an FIR filed against four brothers for allegedly abetting the suicide of their deceased sibling the Jammu and Kashmir and Ladakh High Court has observed that mere omnibus allegations of harassment without specific instances wouldn't be sufficient to attract culpability under Section 306 of the IPC (abetment to suicide).Clarifying the essentials that need to proven to fasten the...

[S.33 Insecticides Act] All Those Responsible For Conduct Of Business Liable When Company Commits Offense Under Insecticides Act: J&K High Court

The Jammu and Kashmir and Ladakh High Court has ruled that under the Insecticides Act, 1968, if a company commits an offence, both the company and the individuals in charge at the time are considered guilty and can be prosecuted and punished.While quashing criminal proceedings against employees of a company without actually arraying the company as an accused A bench of Justice Rajnesh...

Once Complainant's Statement Is Recorded U/S 200 CrPC, Magistrate Can't Pass Directions To Register FIR U/S 156(3): J&K High Court

Reinforcing the distinction between a magistrate's powers under Cr.P.C. Sections 156(3) (pre-cognizance) and 200 (cognizance) when handling complaints, the Jammu and Kashmir and Ladakh High Court has ruled that recording a complainant's statement under Section 200 prohibits issuing an FIR order under Section 156(3).Citing M/S Sas Infratech Pvt. Ltd. Appellant(s) vs. The State of Telangana...

[Domestic Violence Act] No Specific Bar On Filing Appeal Before Sessions Court To Challenge Interim Orders: J&K High Court Clarifies

The Jammu and Kashmir and Ladakh High Court has affirmed that there is no specific bar to filing an appeal before the sessions court against an interim order passed under the Domestic Violence (DV) Act.Highlighting the absence of any such bar on the interim orders a bench of Justice Sanjay Dhar observed, “if the Legislature intended to keep the interim orders out of the purview of Section 29...

Specific Allegations Against Husband's Relatives Essential To Warrant Their Prosecution For Cruelty U/S 498A IPC: J&K High Court Reiterates

Emphasising that relatives of the husband cannot be prosecuted under Section 498-A IPC based on general and vague allegations, the Jammu and Kashmir and Ladakh High Court has underscored the necessity for specific allegations to warrant their prosecution.Quashing an FIR to the extent the parents of an accused-husband are concerned, Justice Rajnesh Oswal observed,“There must be...

Courts Must Examine Circumstances Beyond Allegations In FIR In Potentially Vexatious Proceedings: J&K High Court

Emphasising the need to look beyond the FIR in cases potentially involving frivolous complaints, the Jammu and Kashmir and Ladakh High Court quashed an FIR against a person finding him to be falsely implicated in a case of assault and molestation.A bench comprising Justice Rajnesh Oswal while referencing Salib @ Shalu @ Salim vs. State of UP and ors”. Salib v. State of U.P., 2023 reiterated...

Jammu And Kashmir And Ladakh High Court Weekly Roundup 17th June 2024 - 23rd June 2024

Nominal Index:Rayees Ahmad Khan Vs UT of J&K 2024 LiveLaw (JKL) 160Aaftab Hussain Dar Vs UT of J&K 2024 LiveLaw (JKL) 161Mumtaz Ahmad Mir Vs UT of J&K 2024 LiveLaw (JKL) 162Suhail Ahmad Lone Vs UT of J&K 2024 LiveLaw (JKL) 163Dr. Junaid Vs Union Of India 2024 LiveLaw (JKL) 164Manzoor Ahmad Bhat Vs UT of J&K 2024 LiveLaw (JKL) 165Judgments/Orders:'State Security' No...

Prosecution Must Prove Continuous Harassment And Proximate Act For Securing Conviction Of Abetment To Suicide: J&K High Court

The Jammu and Kashmir and Ladakh High Court has observed that for a conviction on charges of abetment to suicide, the prosecution must establish not just continuous harassment but also a clear and proximate act by the accused that demonstrably pushed the victim to take their own life.In dismissing a criminal appeal challenging the acquittal of a man accused of abetting his wife's suicide due...