Jammu And Kashmir & Ladakh High Court: Weekly Round Up [November 20 - November 26, 2023]

Madhu Bakshi Vs ACB Kashmir 2023 LiveLaw (JKL) 290

Jagar Singh Vs UT of J&K 2023 LiveLaw (JKL) 291

Peerzada Shah Fahad Vs UT of J&K & Anr 2023 LiveLaw (JKL) 292

Adil Farooq Bhat Vs VC Central University Kashmir 2023 LiveLaw (JKL) 293

Sunita Wali Vs UOI and others 2023 LiveLaw (JKL) 294

Jahangeer Ahmad Mugloo Vs UT of J&K 2023 LiveLaw (JKL) 295

Davinder Kumar Batra Vs The Authority Under Payment of Wages Act 1936 and Ors 2023 LiveLaw (JKL) 296

Executive Engineer, Dal Lake Division-I Vs Mousvy Industries Budgam 2023 LiveLaw (JKL) 297

M/S FAROOQ AHMAD MIR Vs UT OF J&K AND ORS 2023 LiveLaw (JKL) 298

STATE OF J&K Vs FEROZ AHMAD NAJAR & ANR 2023 LiveLaw (JKL) 299

Nazir Ahmad Najar Vs UOI 2023 LiveLaw (JKL) 300

Judgments/Orders:

Investigating Agencies May Seize Passport But Not Impound It: Jammu & Kashmir High Court

Case Title: Madhu Bakshi Vs ACB Kashmir

Citation: 2023 LiveLaw (JKL) 290

Distinguishing between the powers of the police and the Passport Authority with regard to the seizing and impounding of passports, the Jammu and Kashmir and Ladakh High Court clarified that while the police may seize a passport under Section 102 of the CrPC, the impounding can only be done by the Passport Authority under Section 10(3) of the Passports Act.

Police Must Limit Surveillance Register Entries To Respect Citizen's Privacy, Fundamental Rights: J&K High Court

Case Title: Jagar Singh Vs UT of J&K

Citation: 2023 LiveLaw (JKL) 291

The Jammu and Kashmir and Ladakh High Court urged the Police officers to strictly interpret and limit Surveillance Register entries to respect citizen's fundamental freedoms, ensuring unobtrusive and lawful surveillance.

Justice Javed Iqbal Wani added that surveillance must not intrude to compromise individual dignity and the rules governing Surveillance Register entries and surveillance methods should acknowledge the caution and care required by police officers in these procedures.

Lowering India's Reputation Not 'Terrorist Act'; Holding So Would Mean Any Criticism Of Centre Will Be UAPA Offence : J&K&L High Court

Case Title: Peerzada Shah Fahad v. Union Territory of Jammu and Kashmir & Anr.

Citation: 2023 LiveLaw (JKL) 292

While granting bail to Kashmir-based news journalist Peerzada Shah Fahad, the High Court of Jammu and Kashmir and Ladakh rejected an argument raised by the National Investigation Agency (NIA) that any act affecting India's dignity and lowering the country's global image will be a 'terrorist act' as defined under the Unlawful Activities Prevention Act.

If this argument is accepted, it would mean that any criticism of the Central Government will be a 'terrorist act' the division bench comprising Justice Atul Sreedharan and Justice Mohan Lal observed.

Fundamental Right To Education Doesn't Extend To Candidates Ineligible To Appear In Examinations: J&K High Court

Case Title: Adil Farooq Bhat Vs VC Central University Kashmir.

Citation: 2023 LiveLaw (JKL) 293

Drawing a line between upholding a fundamental right and ensuring that academic prerequisites remain an indispensable criterion for students seeking to sit for examinations, the Jammu and Kashmir and Ladakh High Court observed that while the right to education is a fundamental right, its essence does not stretch to endorsing the participation of ineligible candidates in examinations.

Private Dispute Between Employer-Employee Not Amenable To Writ Jurisdiction Unless Statutory Violations Demonstrated: J&K High Court

Case Title: Sunita Wali Vs UOI and others

Citation : 2023 LiveLaw (JKL) 294

Highlighting the boundaries of writ jurisdiction in employment-related disputes, the Jammu and Kashmir and Ladakh High Court observed that not all disputes between employers and employees are amenable to the writ jurisdiction.

A bench of Justice Rajnesh Oswal clarified that a private dispute between the employer and the employee qua the contract of service without demonstrating any statutory violation by the employer does not warrant indulgence by the Court.

Preventive Detention | J&K High Court Orders Compassionate Release Of Detenu To Mourn Brother's Demise

Case Title: Jahangeer Ahmad Mugloo Vs UT of J&K

Citation: 2023 LiveLaw (JKL) 295

While granting temporary release to a person under preventive detention, the Jammu & Kashmir and Ladakh High Court observed that the stringent provisions outlined in Section 13 of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (PIT-NDPS Act) do not serve as a hindrance for a constitutional court exercising its jurisdiction under Article 226 of the Constitution to order release of a detainee.

S.25FFF ID Act | Enterprise Shutting Due To Financial Difficulties Not 'Unavoidable Circumstance' To Deny Retrenchment Compensation: J&K High Court

Case Title: Davinder Kumar Batra Vs The Authority Under Payment of Wages Act 1936 and Ors.

Citation: 2023 LiveLaw (JKL) 296

The Jammu and Kashmir and Ladakh High Court ruled that the closure of an enterprise due to financial difficulties cannot be deemed an "unavoidable circumstance" under Section 25-FFF of the Industrial Disputes Act, thereby reinforcing the entitlement of employees to retrenchment compensation.

Citing the explanation to Section 25-FFF of the Industrial Disputes Act, Justice Wasim Sadiq Nargal observed,

“..where an undertaking is closed down due to financial difficulties which is the case in the present petition, shall not be deemed to be closed down on account of unavoidable circumstances beyond control of the employer”.

CPC | Proprietary Concerns Can File Suits Provided Complete Details Of Owner Are Disclosed In Plaint: J&K High Court

Case Title: Executive Engineer, Dal Lake Division-I Vs Mousvy Industries Budgam

Citation: 2023 LiveLaw (JKL) 297

The Jammu & Kashmir and Ladakh High Court ruled that a suit by a proprietary concern of a sole proprietor or under an assumed business name is maintainable, provided complete details of the owner are disclosed in the plaint.

Clarifying the law on the subject of suits filed by proprietary concerns, Justice Javed Iqbal Wani observed,

“..A suit by a proprietary concern of a sole proprietor or by the assumed business name or style of a person seems to be maintainable; only legal requirement being that when such a suit is filed, complete details of the owner of the proprietary concern or assumed business name should be disclosed in the plaint as required under Order 7 Rule 1 of the Code to establish the identity of the owner of the proprietary concern or the assumed business name".

Non-Adherence Of Codal Formalities No Ground To Deny Contractor's Dues After Work Completion: Jammu & Kashmir High Court

Case Title: M/S FAROOQ AHMAD MIR Vs UT OF J&K AND ORS

Citation: 2023 LiveLaw (JKL) 298

The Jammu and Kashmir and Ladakh High Court said that the Government cannot deprive a contractor of his dues after work completion, by raising a plea that codal formalities at the time of allocation of the work had not been not adhered to.

Justice Sanjay Dhar said that the adherence to codal formalities is an internal mechanism of the Department and once they had allotted a contract for which work had been executed, they were bound to release the dues in favour of the contractor for the work done.

Contradiction On Case's Crucial Aspects Totally Discredits Witness Statement, Makes It Unreliable: Jammu & Kashmir High Court

Case Title: STATE OF J&K Vs FEROZ AHMAD NAJAR & ANR.

Citation: 2023 LiveLaw (JKL) 299

The Jammu & Kashmir and Ladakh High Court observed that the successful contradiction of a witness's statement on crucial aspects of a case would totally discredit their account and render it unreliable and untrustworthy.

A bench of Justice Sanjay Dhar observed:

“It is true that even if defence is successful in contradicting a witness, it would not always mean that the contradiction in her two statements would result in totally discrediting this witness but when the contradiction relates to vital aspects of the case and the version of occurrence given in previous statement by a witness is entirely different from the version of occurrence given by such witness during the trial of the case, it does definitely make the statement of such witness unreliable and untrustworthy”.

'Seema Suraksha Bal' A Central Force With Pan India Presence, Its Orders Subject To Challenge Across All High Courts: J&K High Court

Case Title: Nazir Ahmad Najar Vs UOI

Citation: 2023 LiveLaw (JKL) 300

The Jammu and Kashmir & Ladakh High Court upon quashing the removal order of a Sashastra Seema Bal (SSB) Constable observed that the Seema Suraksha Bal (SSB), is a force of the Union of India with a pan-India presence, making orders passed by it appealable before any of the High Courts in the country.