Union Of India Vs Altaf Ahmad Mir 2023 LiveLaw (JKL) 169

State of J&K Vs Gulji Bhai & Ors 2023 LiveLaw (JKL) 170

State of J&K Vs Rajinder Kumar 2023 LiveLaw (JKL) 171

M/s Delton Infra Pvt. Ltd. Vs State of J&K and another 2023 LiveLaw (JKL) 172

Sh. Krishan Singh Jasrotia (deceased) represented through LRs Bimla Devi and others Vs Union of India and others 2023 LiveLaw (JKL) 173

State of J&K Vs Tariq Hussain 2023 LiveLaw (JKL) 174

Raman Masih Vs State of J&K 2023 LiveLaw (JKL) 175

Ashfaq Ahmed Vs UT of J&K 2023 LiveLaw (JKL) 176

Chand Devi Vs Sonam Choudhary 2023 LiveLaw (JKL) 177

United India Insurance Vs Sajjad Hussain 2023 LiveLaw (JKL) 178

National Insurance Company Ltd. thr. Its Divisional Manager and Anr Vs M/S Rash Builders Civil Contractors and Suppliers thr. its Manager 2023 LiveLaw (JKL) 179

Bilal Ahmad Ganaie Vs Sweety Rashid & Ors 2023 LiveLaw (JKL) 180

Abid Hussain Ganie Vs UT of J&K 2023 LiveLaw (JKL) 181

Abid Ahmad Ganai Vs UT of J&k & Ors 2023 LiveLaw (JKL) 182

Yatin Yadav Vs UT of J&K 2023 LiveLaw (JKL) 183

Mohd. Abdullah Vs Manager, Trumboo Cement Industry Limited and Another 2023 LiveLaw (JKL) 184

National Insurance Company Limited Vs Mst. Aisha Bano & Ors. 2023 LiveLaw (JKL) 185

Commissioner of Central GST and Central Excise Vs Krishi Rasayan Exports Pvt. Ltd 2023 LiveLaw (JKL) 186

Mohammad Yousuf Allie Vs High Court of JK Th. its Registrar General & Anr 2023 LiveLaw(JKL) 187

Ishfaq Tantray Vs Khalid Jahangir, Chairman Service Selection Board 2023 LiveLaw (JKL) 188

Hazik Wangnoo Vs Ut of J&K 2023 LiveLaw (JKL) 189

The Commissioner of Income Tax v/s The Jammu and Kashmir Bank Ltd. 2023 LiveLaw (JKL) 190

Sanjay Sharma Vs UT ofJ&K 2023 LiveLaw (JKL) 191

Subash Chander Vs State of J&K 2023 LiveLaw (JKL) 192

Pr. Commissioner of Income Tax Vs M/S The J&K Bank Ltd. 2023 LiveLaw (JKL) 193

Khalid Amin Kohli Vs UT of J&K 2023 LiveLaw (JKL) 194

Raj Kumar Gupta Vs Bank of India & Ors 2023 LiveLaw(JKL) 195

Mohhamd Rafiq Khan Vs PNB 2023 LiveLaw (JKL) 196

Abdul Rashid Wani Vs UT of J&K 2023 LiveLaw (JKL) 197

Raj Ali and Others Vs Union Of India & Ors 2023 LiveLaw (JKL) 198

Ghulam Rasool Sofi Vs State Of J&k 2023 LiveLaw (JKL) 199

Mohammad Younis Mir Vs Union Territory of J&K & Anr 2023 LiveLaw (JKL) 200

Ravinder Kumar Vs State of J&K 2023 LiveLaw (JKL) 201

Shahbaz Ahmad Palla 2023 LiveLaw (JKL) 202

Yoginder Singh Vs Union Of India 2023 LiveLaw (JKL) 203

Imran Nabi Wani Vs UT of J&K 2023 LiveLaw (JKL) 204

State Of J&K Vs Shailender Singh 2023 LiveLaw (JKL) 205

Bijay Oraon Vs Union Of India 2023 LiveLaw (JKL) 206

Zahoor Ahmad Wani Vs UT of J&K 2023 LiveLaw (JKL) 207

Abdul Rashid Bhat Vs Finanacial Commissioner 2023 LiveLaw (JKL) 208

Shahnawaz Ahmad Vs Union Of India 2023 LiveLaw (JKL) 209

Mudasir Nazir Vs University Of kashmir 2023 LiveLaw (JKL) 210

State Of J&K vs Narayan Dutt 2023 LiveLaw (JKL) 211

Abdul Hameed Ganie @ Dr.Hameed Fayaz vs. State of J&K 2023 LiveLaw (JKL) 212

Sarwa Begum and Ors. (LRs of Late Shabir Ahmad Dar) Vs State of J&K and Ors 2023 LiveLaw (JKL) 213

Jammu and Kashmir National Conference through its General Secretary Ali Mohammad Sagar Vs UT of J&K 2023 LiveLaw (JKL) 214

MANAGING DIRECTOR JK HANDICRAFTS Vs AGA SYED MUSTAFA & ANR 2023 LiveLaw (JKL) 215

Aamir Javid Waza and ors. Vs Gousia Jan and Ors 2023 LiveLaw (JKL) 216

MOHAMMAD ASHRAF RESHI Vs STATE OF J&K 2023 LiveLaw (JKL) 217

Abdul Rashid Dar and others Vs Ghulam Qadir Dar and others 2023 LiveLaw (JKL) 218

Inder Jeet Singh Vs ICICI Lombard and another 2023 LiveLaw (JKL) 219

Vishwakarma Gun Works Vs Industrial Tribunal Court and Ors 2023 LiveLaw (JKL) 220

BR (name redacted) Vs State of J&K 2023 LiveLaw (JKL) 221

Vinod Kumar and Others v. State of J&K 2023 LiveLaw (JKL) 222

IRSHAD AHMAD QURESHI & ANR Vs. STATE OF J&K & OTHERS 2023 LiveLaw (JKL) 223

Gul Mohammad and Ors Vs State of J&K and Ors 2023 LiveLaw (JKL) 224

Noor Illahi Fakhtoo vs UT of J&K and Ors 2023 LiveLaw (JKL) 225

Surjeet Singh Vs Sheikh Behzad Khalid & others 2023 LiveLaw (JKL) 226

Nazir Ahmad Ganie and Another Vs Mohammad Amin Ganie 2023 LiveLaw (JKL) 227

Haseena Akhter Vs. Union Territory of J&K & Anr 2023 LiveLaw (JKL) 228

Mian Khan and Others Vs UT of J&K 2023 LiveLaw (JKL) 229

Mohammad Amin Wani vs. UT Of J&K 2023 LiveLaw (JKL) 230

Gupta Modern Breweries Vs State of J&K 2023 LiveLaw (JKL) 231

Tawqeer Bashir Magray Vs. Union Territory of J&K & Anr 2023 LiveLaw (JKL) 232

M/S CADILA HEALTH CARE LTD. Vs PRESIDING OFFICER & ANR 2023 LiveLaw (JKL) 233

SSP Kathua Vs Baghwan Das 2023 LiveLaw (JKL) 234

BOCA Jammu Vs Nageen Ara 2023 LiveLaw (JKL) 235

State of J&K and others Vs Smt. Manjeet Kour and others 2023 LiveLaw (JKL) 236

Vinkal Sharma and others V/s UT of J&K and others 2023 LiveLaw (JKL) 237

Happy Singh vs. Union of India 2023 LiveLaw (JKL) 238

SHAH MASOOD AHMAD AND ANR vs. SHAH SHABIR AHMAD 2023 LiveLaw (JKL) 239

BILLO KASANA & OTHERS Vs STATE OF J&K & ORS 2023 LiveLaw (JKL) 240

Noor Ahmad Shah vs. Union of India and Ors 2023 LiveLaw (JKL) 241

MOLVI AB. RASHID SHEIKH Vs U T OF J&K & Anr. ..Mushtaq Ahmad Bhat @ Veeri V/s Union Territory of J&K & Ors 2023 LiveLaw (JKL) 242

Brij Bhushan Sharma vs. State Of J&K 2023 LiveLaw (JKL) 243

Mst. Raja Vs.Mst. Fazi and Ors 2023 LiveLaw (JKL) 244

Sajad Ahmad Mir V/s Mukhtair ul Qadir 2023 LiveLaw (JKL) 245

Mohammad Rafiq Mir Vs Mohamad Bhat 2023 LiveLaw (JKL) 246

Intizamiya Committee Dargah and Anr v. Union Territory of J&K and Ors 2023 LiveLaw (JKL) 247

Nikhil Sharma Vs State of J&K and others 2023 LiveLaw (JKL) 248

Abdul Rashid Dar vs. UT Of J&K 2023 LiveLaw (JKL) 249

Brij Mohan Sawney Vs Sanjeev Kumar Gupta 2023 LiveLaw (JKL) 250

Dilshad Sheikh & Ors vs Sabha Sheikh 2023 LiveLaw (JKL) 251

Bashir-Ud-Din Vs UT Of J&K 2023 LiveLaw (JKL) 252

Hotel Ashai Srinagar & Ors. Vs State of J&K 2023 LiveLaw (JKL) 253

Ama Teli V/s Manzoor Ahmad Bhat and others 2023 LiveLaw (JKL) 254

Sheikh Abdul Majeed Vs UT of J&K 2023 LiveLaw (JKL) 255

Judgments/Orders:

CCS Rules Cannot Be Applied To CRPF Constables Unless CRPF Rules Are Silent On A Specific Matter: Jammu & Kashmir High Court

Case Title: Union Of India Vs Altaf Ahmad Mir.

Citation: 2023 LiveLaw (JKL) 169

The Jammu & Kashmir and Ladakh High Court while reiterating that the service conditions of a CRPF Constable (probationer) are governed by the CRPF Rules 1955 has emphasised that the Central Civil Services (CCS) Rules can only be applied if the CRPF Rules do not explicitly address a specific issue.

If a case is already covered by the CRPF Rules, there is no need to refer to the General Rules like the CCS (Temporary Service) Rules, 1965, it explained.

Jammu & Kashmir High Court Upholds Acquittal Of BSF Personnel In Army Patrol Firing Case That Occurred During Kargil War

Case Title: State of J&K Vs Gulji Bhai & Ors.

Citation: 2023 LiveLaw (JKL) 170

The Jammu and Kashmir and Ladakh High Court upheld the acquittal of Border Security Force (BSF) personnel accused in the highly controversial Army patrol firing case that took place on the fateful night of July 16/17, 1999 during the Kargil War.

"Unfortunately, respondents have been roped in, merely on the basis of suspicion, otherwise, there is absolutely no evidence to establish that respondents had deliberately fired upon the Army patrol party", a bench of Justices Sanjay Dhar and Rajesh Sekhri observed.

No Compulsory Retirement Merely On Committee Recommendation, Competent Authority Must Be Satisfied Of 'Bonafide' Public Interest: J&K High Court

Case Title: State of J&K Vs Rajinder Kumar

Citation: 2023 LiveLaw (JKL) 171

Shedding light on the criteria for compulsory retirement of government employees under the J&K Civil Services Regulations, the Jammu & Kashmir and Ladakh High Court held that the decision to retire an employee prematurely cannot be solely based on recommendations from a committee. Instead, the competent authority must independently form a bona fide opinion that the retirement is in the interest of the institution, it ruled.

Employer Making EPF Contribution Under Central Act Can't Be Compelled To Contribute For Same Employee Under State Act: Jammu & Kashmir High Court

Case Title: M/s Delton Infra Pvt. Ltd. Vs State of J&K and another

Citation:2023 LiveLaw (JKL) 172

The Jammu & Kashmir High Court ruled that employers cannot be forced to contribute to the Employees' Provident Fund (EPF) under both the Central Employees Provident Fund Act and the Jammu and Kashmir EPF Act for the same employee. Making duplicate contributions would amount to doubling the liability on the part of the employer, the court emphasised.

25 Yrs On, Jammu & Kashmir High Court Directs Departmental Promotion Committee To Consider Promotion Of Cop Posthumously

Case Title: Sh. Krishan Singh Jasrotia (deceased) represented through LRs Bimla Devi and others Vs Union of India and others

Citation: 2023 LiveLaw (JKL) 173

The Jammu & Kashmir and Ladakh High Court ordered the Home Department to constitute a fresh Departmental Promotion Committee (DPC) to consider the posthumous promotion of a late police officer to the rank of Assistant Commandant. The court's decision came after a prolonged legal battle spanning 25 years, in which the petitioner had sought rightful promotion and recognition for his service.

Sarcastic Remarks, Mere Harassment By Husband Due To Marital Discord Not 'Abetment Of Suicide': Jammu & Kashmir High Court

Case Title: State of J&K Vs Tariq Hussain.

Citation: 2023 LiveLaw (JKL) 174

Mere harassment of a wife by her husband or in-laws due to matrimonial discord or sarcastic remarks per se does not attract the offence of abetment of suicide, the Jammu & Kashmir and Ladakh High Court held.

While upholding the acquittal of a man from charges under Section 306 of the Ranbir Penal Code (RPC) after his wife set herself ablaze and died, a single bench of Justice Rajesh Sekhri observed,

"There may be various instances of matrimonial discord between husband and wife and at times wife being constantly taunted and subjected to sarcastic remarks in the house of her in-laws may be driven to commit suicide. However, such instances are normal wear and tear of a matrimonial life. In my opinion mere harassment of a wife by her husband or in-laws due to matrimonial discord or sarcastic remarks perse does not attract Section 306 of RPC (abetment of suicide)."

Jammu & Kashmir High Court Sets Aside Rape Conviction After 17 Yrs, Says Non-Compliance With Section 313 CrPC Prejudiced Accused

Case Title: Raman Masih Vs State of J&K

Citation: 2023 LiveLaw (JKL) 175

While setting aside a rape conviction handed down 17 years ago, the Jammu & Kashmir and Ladakh High Court highlighted a crucial failure on the part of the Trial Court to adhere to the mandatory procedure outlined in Section 313 of the Criminal Procedure Code.

It emphasized that convicting the appellant-accused solely based on incriminating evidence, without providing an opportunity to the appellant to address and explain that evidence, was an invalid approach taken by the trial court.

PSA | Jammu & Kashmir High Court Pulls Up District Magistrate For Wrongly Mentioning Detenu's Name, Issuing Corrigendum As "Cover Up"

Case Title: Ashfaq Ahmed Vs UT of J&K

Citation: 2023 LiveLaw (JKL) 176

The Jammu and Kashmir High Court slammed a District Magistrate for wrongly mentioning the name of detenu in the operative part of the preventive detention order issued under the J&K Public Safety Act and issuing a "so-called" corrigendum after detention

J&K Hindu Succession Act | Will Can Be Executed In Favour Of Unrelated Person: High Court

Case Title: Chand Devi Vs Sonam Choudhary

Citation: 2023 LiveLaw (JKL) 177

The Jammu and Kashmir High Court made it clear that a Will under Section 27 of the Jammu and Kashmir Hindu Succession Act can be executed in favour of a person who is not even related to the executant.

A single bench of Justice Vinod Chaterjee Koul said Will is statutorily recognized mode of "alteration of natural line of succession" delineated by Hindu Succession Act without any prohibition, curbs, rider etc.

Insurer Bound By Contract Entered Into By Authorized Agent On Its Behalf, Premium Paid By Insured To Agent Binds Company: J&K High Court

Case Title: United India Insurance Vs Sajjad Hussain

Citation: 2023 LiveLaw (JKL) 178

Upholding the liability of an insurance company for compensation despite a dishonoured premium cheque, the Jammu and Kashmir & Ladakh High Court has recently ruled that that the insurance company cannot evade its responsibility if an authorized agent collects the premium in cash but issues a personal cheque that later bounces.

“It would be deemed as if the amount of the premium had been collected by the insurance company, even though the agent may have instead of depositing the premium with the company, issued a cheque from his own account which ultimately got dishonored”, Justice Sanjay Dhar observed.

Fitness Certificate Implicit In Temporary Registration Certificate For New Vehicles: Jammu & Kashmir High Court

Case Title: National Insurance Company Ltd. thr. Its Divisional Manager and Anr Vs M/S Rash Builders Civil Contractors and Suppliers thr. its Manager

Citation: 2023 LiveLaw (JKL) 179

The Jammu and Kashmir & Ladakh High Court has held that a fitness certificate is implicitly included in the temporary registration certificate issued to a brand-new vehicle and hence repudiating an insurance claim solely based on the absence of a fitness certificate is not sustainable in law.

“…The object behind the requirement of a fitness certificate under Section 56 of the Act and sheer common sense, we cannot contemplate the sale of any brand-new vehicle, which is not otherwise fit. The sale of a brand-new vehicle itself implies that it is fit. It is only after the due course of time, and use of the vehicle, the requirement of fitness becomes relevant. Therefore, the issuance of temporary registration for a brand-new vehicle implies that for the said period of registration, the vehicle is fit”, Chief Justice N. Kotiswar Singh & Justice Moksha Khajuria Kazmi observed.

S.397(3) CrPC | Filing Revision Petition Before Sessions Court Doesn't Bar High Court's Inherent Jurisdiction: Jammu & Kashmir HC

Case Title: Bilal Ahmad Ganaie Vs Sweety Rashid & Ors.

Citation: 2023 LiveLaw (JKL) 180

The Jammu & Kashmir High Court while emphasising the wide amplitude of the High Court's inherent powers clarified that filing a revision petition before a Sessions Court does not preclude the petitioner from invoking the inherent jurisdiction of the High Court under Section 482 of the Code of Criminal Procedure (Cr.P.C).

No FIR Against Detenu, Record Appears To Be Manipulated: Jammu & Kashmir High Court Quashes Preventive Detention Order

Case Title: Abid Hussain Ganie Vs UT of J&K

Citation: 2023 LiveLaw (JKL) 181

The Jammu and Kashmir and Ladakh High Court quashed a preventive detention order passed against a person in absence of any FIR against him. A single bench of Justice Sanjay Dhar remarked,

"Surprisingly, when no FIR is shown to have been registered against the petitioner, then how come 27 leaves of FIR etc. have been provided to him. This exhibits total non-application of mind and overzealousness on the part of the detaining authority, which casts serious doubt about the authenticity of the receipt."

[J&K Civil Service Rules] Contractual Employee Not Entitled To Full-Fledged Regular Enquiry Before Termination: High Court

Case Title: Abid Ahmad Ganai Vs UT of J&k & Ors.

Citation: 2023 LiveLaw (JKL) 182

The Jammu and Kashmir High Court on ruled that a contractual employee is not entitled to a full-fledged regular enquiry before termination, even if the termination is stigmatic in nature.

[PSI Recruitment Scam] Completion Of Investigation Qua Accused, Not Investigation Of Entire Case Material To Determine Default Bail: J&K High Court

Case Title: Yati Yadav Vs UT of J&K

Citation: 2023 LiveLaw (JKL) 183

The Jammu & Kashmir and Ladakh High Court rejected the applications for default bail moved by several accused in the J&K Police Sub-inspector Recruitment Scam, including alleged mastermind Yatin Yadav.

It observed,

"Charge sheet can be said to be complete when it enables the court whether to take or not take cognizance of the offences and if certain facets call for further investigation, it would not render such report other than a final report...completion of investigation relating to offence against the accused and not investigation of case or filing of charge sheet under section 173 Cr.P.C. which would be material for the purpose of determining whether accused is entitled to the grant of statutory bail or not."

Employees’ Compensation Act | Insurer Not Automatically Liable To Indemnify Employer For Interest On Delayed Payment Of Compensation: J&K High Court

Case Title: Mohd. Abdullah Vs Manager, Trumboo Cement Industry Limited and Another

Citation: 2023 LiveLaw (JKL) 184

The Jammu and Kashmir & Ladakh High Court ruled that an insurance company cannot be, as a matter of rule, asked to indemnify an employer for the interest and penalty payable for delayed payment of compensation under the Employee's Compensation Act, 1923.

A single bench of Justice Sanjeev Kumar held,

"It is true that under the policy of insurance covering the injuries and death of the workmen working under the employer, the insurer undertakes to indemnify the employer in respect of any compensation payable to such injured/deceased workmen during the course of his employment, but such contract to indemnify the employer in respect of payment of compensation cannot ipso facto extend to the payment of interest and penalty that becomes due from the employer only in case he commits default in payment of compensation due within a period of one month."

[Motor Accident Death] No Interest Can Be Awarded On Compensation For 'Future Prospects': Jammu & Kashmir High Court

Case Title: National Insurance Company Limited Vs Mst. Aisha Bano & Ors.

Citation: 2023 LiveLaw (JKL) 185

The Jammu & Kashmir High Court ruled that there is no need to award interest on compensation ordered under the head of 'future prospects' in a motor accident death case.

Justice M.A Chowdhary explained that 'future prospects' are linked to potential income to be received in the future and thus interest cannot be granted on a future income.

“The reason for awarding interest on the compensation amount, minus the future prospects, is due to the fact that, though the loss of dependency starts from the date of the accident, the compensation amount is computed on the date of the award of the Tribunal, interest is awarded to compensate the loss of money value on account of lapse of time, such as the time taken for the legal proceedings and for the denial of right to utilize the money when due’, the bench observed.

No Recovery Proceedings U/S 11A Central Excise Act Unless Sanctioned Refunds Reversed In Appeal: Jammu & Kashmir High Court

Case Title: Commissioner of Central GST and Central Excise Vs Krishi Rasayan Exports Pvt. Ltd

Citation: 2023 LiveLaw (JKL) 186

The Jammu & Kashmir and Ladakh High Court ruled that Section 11A of the Central Excise Act 1944 which deals with recovery proceedings is not applicable when the excise duty refund has been sanctioned by the competent authority through proper assessment and after following due process.

“Unless the orders of sanctioning refund passed by the Adjudicating Authority are reversed in appeal or revision under the Act, Section 11 cannot be invoked by terming such sanctioned refund of excise duty as ‘erroneous refund’ by holding collateral proceedings under section 11A of the Act”, Justice Sanjeev Kumar & Justice Javed Iqbal Wani observed.

Jammu & Kashmir High Court Upholds Termination Of Judicial Officer, Says Fraudulent Appointments Not Entitled To Safeguards Under Article 311

Case Title: Mohammad Yousuf Allie Vs High Court of JK Th. its Registrar General & Anr.

Citation : 2023 LiveLaw(JKL) 187

The Jammu & Kashmir High Court upheld the termination of a judicial officer on the ground that he fraudulently obtained the benefit of “Resident of Backward Area” certificate during the selection process.

“…The entry into service of the petitioner itself was by fraudulent means and, therefore, depriving him of an opportunity of departmental enquiry is not in violation of Article 311”, Justice Atul Sreedharan & Justice Mohan Lal observed.

Jammu & Kashmir High Court Declines Contempt Action Against SSB Chairman Citing UT Admin's Decision Withdrawing Posts After Reorganisation

Case Title: Ishfaq Tantray Vs Khalid Jahangir, Chairman Service Selection Board.

Citation: 2023 LiveLaw (JKL) 188

The Jammu and Kashmir High Court refused to initiate contempt action against the Chairman of J&K Service Selection Board for non-compliance of its 2013 direction for undertaking fresh selection process to the posts of Assistant Information Officer Grade-II for which the advertisement was issued in 2006.

A bench of Chief Justice N Kotiswar Singh & Justice Javed Iqbal Wani noted that the direction could not be complied with in view of UT Administration's policy decision to withdraw all posts referred to the JKPSC/JKSSB prior to October 31, 2019 for which the selections were not finalized or posts in which there were pending litigations. Thus it observed that the SSB was not in a position to make any appointments pursuant to the selection process.

Juvenile Justice Board Is 'Criminal Court' Justifying Withholding Of Passport U/S 6(2)(f): Jammu & Kashmir High Court

Case Title: Hazik Wangnoo Vs Ut of J&K

Citation: 2023 LiveLaw (JKL) 189

The Jammu & Kashmir High Court clarified that a Juvenile Justice Board possesses all the trappings of a Criminal Court, justifying the non-issuance of passport or travel documents under Section 6(2)(f) of the Passport Act to a person facing proceedings before the JJB.

Justice Sanjay Dhar observed,

"Juvenile Justice Board has all the trappings of a Criminal Court, the proceedings against the petitioner which are pending before the said Board in respect of offences under Sections 447, 354, 323, 382, 201 of IPC would certainly attract the provisions under Section 6(2)(f) of the Passport Act."

J&K Roads Development Agency Is Exempted From TDS Deduction On TD Account Interest: Jammu & Kashmir High Court

Case Title: The Commissioner of Income Tax v/s The Jammu and Kashmir Bank Ltd.

Citation: 2023 LiveLaw (JKL) 190

The Jammu & Kashmir High Court held that the J&K State Rural Roads Development Agency (JKSRRDA) is exempt from TDS deduction on interest income accrued on Term Deposit Accounts.

The bench of Justice Sanjeev Kumar and Justice Puneet Gupta has observed that JKSRRDA is a society registered under the J&K Societies Registration Act, 1998, and is a body wholly financed by the Central Government for implementation of PMGSY and, therefore, exempt from TDS in terms of Notification No. 3489 dated October 22, 1970, issued by the Central Government under Section 194A(3)(iii)(f) of the Income Tax Act.

Jammu & Kashmir High Court Sets Aside "Unceremonious Disengagement" Of Special Police Officer For Non-Compliance Of Natural Justice Principles

Case Title: Sanjay Sharma Vs UT ofJ&K

Citation: 2023 LiveLaw (JKL) 191

The Jammu & Kashmir High Court quashed the dismissal of a Special Police Officer (SPO) and reinstated him to his position, reiterating that adherence to the principles of natural justice is nothing but common sense justice.

“…You cannot condemn a person to suffer an adverse consequence in the context of his public position/employment without affording him/her an opportunity of knowing the basis upon which a purported adverse action is aimed to be taken against him/her thereby serve him/her with an opportunity to explain his/her position vis-à-vis the adverse civil consequence conceived to emerge”, Justice Rahul Bharti observed.

Traditional Families Hesitant To Report Crimes Involving Dignity Of Young Woman: Jammu & Kashmir High Court

Case Title: Subash Chander Vs State of J&K

Citation: 2023 LiveLaw (JKL) 192

The Jammu & Kashmir and Ladakh High Court highlighted the hesitancy of traditional families to report cases concerning the dignity of young women to the police, fearing it might jeopardize their own honour. The court emphasised that a slight delay in lodging an FIR in such cases should not be deemed fatal for the prosecution case.

“…Wherein dignity of a woman that too of a younger age is involved, the traditional families are hesitant to report such matters to the police putting their honour and dignity also at stake, therefore the delay of a single day in lodging of FIR, in the considered opinion of this court, by no stretch of imagination, can be said to be inordinate delay, so as to be fatal for the prosecution case”, Justice M A Chowdhary observed.

Jammu Development Authority Is Creation Of Statute, Exempt From TDS Deduction On Interest U/S 194A(1) Income Tax Act: High Court

Case Title: Pr. Commissioner of Income Tax Vs M/S The J&K Bank Ltd.

Citation: 2023 LiveLaw (JKL) 193

The Jammu & Kashmir High Court ruled that the Jammu Development Authority (JDA) is to be considered a corporation established under the State Act and thus is exempt from the operation of Section 194A(1) of the Income Tax Act, 1961.

“...The JDA is not incorporated like the company which is incorporated under the Companies Act or the Cooperative Society which is registered under the Cooperative Societies Act. The JDA is a statutory body….There can hardly be any dispute that JDA is a corporation constituted under the State Act i.e the Development Act 1970. S.O 3489 of 1970 clearly notifies a corporation established by a Central, State or Provincial Act exempt from the operation of sub-section (1) of Section 194A of the Act’, Justices Sanjeev Kumar & Javed Iqbal Wani observed.

S.482 CrPC Cannot Be Invoked To Challenge Proceedings Initiated U/S 12 J&K Domestic Violence Act: High Court

Case Title: Khalid Amin Kohli Vs UT of J&K

Citation: 2023 LiveLaw (JKL) 194

The Jammu & Kashmir High Court held that Section 482 of the Code of Criminal Procedure (CrPC) cannot be used to challenge the proceedings initiated under Section 12 of the Jammu and Kashmir Protection of Women From Domestic Violence Act, 2010 or the orders passed thereunder.

S.34 SARFAESI Act Bars Grant Of Injunction By Civil Court For Actions Taken Under The Act: Jammu & Kashmir High Court

Case Title: Raj Kumar Gupta Vs Bank of india & Ors.

Citation: 2023 LiveLaw(JKL) 195

The Jammu and Kashmir High Court ruled that no injunction shall be granted by any court in respect of any action taken or to be taken in pursuance of any power conferred under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act).

“Section 34 of the SARFAESI Act creates a bar and provides that no injunction shall be granted by any court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this Act or under the recovery of debts due to the bank and Financial Institution Act, 1993”, a bench of Justice Wasim Sadiq Nargal observed.

Order XXII CPC For Bringing On Record Legal Heirs Of Deceased Party Apply To Proceedings For Restoration Of Suit: J&K High Court

Case Title: Mohhamd Rafiq Khan Vs PNB &

Citation: 2023 LiveLaw (JKL) 196

The Jammu & Kashmir and Ladakh High Court clarified that the applicability of Order XXII of the Civil Procedure Code (CPC) which govern the procedure for bringing on record the legal representatives of the deceased plaintiffs/ defendants as also the procedure for setting aside of the abatement, is not limited to suits alone.

Single bench of Justice Sanjay Dhar observed that the provisions of Order XXII are equally applicable in suits, appeals, and proceedings relating to the restoration of a suit.

Dismissing Plea On Ground Of Laches At Post-Admission Stage Not An Apparent 'Error Of Law' Warranting Review: Jammu & Kashmir High Court

Case Title: Abdul Rashid Wani Vs UT of J&K

Citation: 2023 LiveLaw (JKL) 197

The Jammu & Kashmir High Court asserted that dismissing a plea on the ground of laches at a post-admission stage does not tantamount to an apparent error of law, and hence, the court cannot invoke its power of review.

“The question of delay and laches could not have been entertained and considered by the court after the admission of the writ petition cannot by any stretch of imagination said to be ground available to the petitioner to seek review of the judgment/order under review either on the ground that the judgments supporting the said contention of the petitioner came to be discovered after the passing of the judgment under review or on the ground that entertaining and accepting the ground of delay and laches at post-admission stage is an apparent error of law”, Chief Justice N Kotiswar Singh & Justice Javed Iqbal Wani observed.

Admin Order To Take Over Madrasas Run By A Particular Trust Cannot Be Universally Applied To Other Madarsas Being Run Legitimately: J&K High Court

Case Title: Raj Ali and Others Vs Union Of India & Ors

Citation: 2023 LiveLaw (JKL) 198

The Jammu & Kashmir High Court quashed the controversial administrative order issued by the Additional Deputy Commissioner, Kishtwar, whereby it had directed the takeover of Madrasas run by several petitioners.

A bench of Justice Sanjeev Kumar observed,

“…The order passed by the Divisional Commissioner, Jammu dated 14.06.2023 is very specific and pertains only to the Madarsas being run by Maulana Ali Miyan Educational Trust, Bathindi. The Divisional Commissioner, Jammu has not passed any order in respect of other Madarsas which are being run by other Educational Charitable Trusts established for the purpose. The Additional Deputy Commissioner, Kishtwar was, thus, not correct to apply the order of the Divisional Commissioner to close down or take over the Madarsas run by the petitioners’ Trusts, unless he had in possession a substantial proof that the Madarsas of the petitioners are connected or related to the Maulana Ali Miyan Educational Trust, Bathindi”.

J&K High Court Refuses To Implement Human Rights Commission's Recommendation To Compensate Father Of Youth Killed By Security Agencies

Case Title: Ghulam Rasool Sofi Vs State Of J&k

Citation: 2023 LiveLaw (JKL) 199

The Jammu and Kashmir & Ladakh High Court refused to implement the recommendation made by State Human Rights Commission to compensate the father of a youth killed by Indian Securities Agencies.

Those Responsible For National Security Sole Judges Of What Preventive Actions Are Necessary: Jammu & Kashmir High Court Upholds Detention Order

Case Title: Mohammad Younis Mir Vs Union Territory of J&K & Anr.

Citation: 2023 LiveLaw (JKL) 200

The Jammu and Kashmir High Court emphasised on its limited scope to look into the manner in which the subjective satisfaction is arrived at by the detaining authority to order preventive detention of a person.

“The courts do not even go into the questions as to whether the facts mentioned in the grounds of detention are correct or false. The reason for the rule is that to decide this, evidence may have to be taken by the courts and that it is not the policy of the law of preventive detention. This matter lies within the competence of the advisory board. Those who are responsible for national security or for maintenance of public order must be the sole judges of what the national security, public order or security of the State requires”, Justice M A Chowdhary observed.

Jammu & Kashmir High Court Quashes Order Repatriating Employee To Parent Department After 21 Yrs

Case Title: Ravinder Kumar Vs State of J&K

Citation: 2023 LiveLaw (JKL) 201

Shedding light on the law related to the timeframe for repatriating an employee to his parent department after his deputation, the Jammu & Kashmir High Court ruled that an employee, who has been permanently absorbed into a borrowing department/organization and whose lien has been terminated in their parent organization cannot be repatriated to their parent organization.

“Once the petitioner who has been sent on deputation is absorbed in the borrowing department/organization and his lien in the parent department stood terminated, his repatriation, subsequently, after 21 years by virtue of order impugned is dehors the service rules and is illegal”, observed Justice Wasim Sadiq Nargal.

"Fundamentalist Muslim Cannot Be Equated With An Extremist Or A Separatist": Jammu & Kashmir High Court

Case Title: Shahbaz Ahmad Palla.

Citation: 2023 LiveLaw (JKL) 202

"A fundamentalist Muslim cannot be equated with an extremist or a separatist," the Jammu & Kashmir and Ladakh High Court observed recently.

The remarks were made by single bench of Justice Atul Sreedharan while dealing with a petition challenging preventive detention of a 22 years old Muslim man inter alia on the ground that he has become a “hard core fundamentalist” and voluntarily agreed to work as Over Ground Worker of the TRF (The Resistance Front), alleged LeT outfit.

CRPF | Heavy & Onerous Responsibility On Disciplinary Authority To Ensure Punishment Proportionate To Misconduct: Jammu & Kashmir High Court

Case Title: Yoginder Singh Vs Union Of India

Citation: 2023 LiveLaw (JKL) 203

Emphasising the vital role of the Disciplinary Authority in ensuring that punishments imposed on delinquent officials are proportionate to their misconduct, the Jammu & Kashmir and Ladakh High Court quashed the dismissal order of a paramilitary personnel.

Jammu & Kashmir High Court Upholds Preventive Detention Of Man Accused In Srinagar DySP Lynching Case

Case Title: Imran Nabi Wani Vs UT of J&K

Citation: 2023 LiveLaw (JKL) 204

The Jammu and Kashmir High Court on upheld the preventive detention of a man who is also the main accused in the DySP lynching case that occurred in Srinagar's Nowhatta area in 2017.

'In Case Based On Circumstantial Evidence, Motive Assumes Importance': Jammu & Kashmir HC Upholds Acquittal In 15 Yrs Old Murder Case

Case Title: State Of J&K Vs Shailender Singh

Citation: 2023 LiveLaw (JKL) 205

The Jammu & Kashmir and Ladakh High Court upheld the acquittal of a murder accused in a 15 years old case that was based on circumstantial evidence, stating the prosecution failed to show an unbroken chain of events to prove the guilt of the accused.

“Where a series of circumstances are dependent on one another, they are to be read as one ingredient as a whole and not separately as it is not possible for a Court to truncate and break the chain of circumstances as the very concept of proof of circumstantial evidence would be defeated, in that event and where the circumstantial evidence consist of chain of continued circumstances linked with one another, the Court has to take cumulative evidence of the prosecution before acquitting or convicting the accused”, a bench of Justices Sanjeev Kumar & Justice Javed Iqbal Wani observed.

Non-Disclosure Of Material Information By Probationer Sufficient Ground For Termination Without Formal Enquiry: Jammu & Kashmir High Court

Case Title: Bijay Oraon Vs Union Of India

Citation: 2023 LiveLaw (JKL) 206

The Jammu & Kashmir High Court has ruled that non-disclosure of material information or submission of false information by a government employee, especially in a belt force like the Central Reserve Police Force (CRPF), can be sufficient ground for termination without the need for a formal enquiry, if the employee is on probation.

“…Even if the employer comes to know about the adverse antecedents of an employee during probation period, it shall be open to the employer to exercise his powers under sub-rule (1) of Rule 5 of the Rules of 1965 and discharge the probationer without assigning any reason”, Justice Sanjay Dhar emphasised.

UAPA | Jammu & Kashmir High Court Issues Guidelines To Expedite Trials Especially During Stage Of Prosecution Evidence

Case Title: Zahoor Ahmad Wani Vs UT of J&K

Citation: 2023 LiveLaw (JKL) 207

The Jammu & Kashmir High Court issued a set of guidelines to Trial Courts in the State to expedite trials, especially during the stage of prosecution evidence.

Notaries Empowered To Attest Affidavits For Writ Proceedings Before High Court: Jammu & Kashmir HC

Case Title: Abdul Rashid Bhat Vs Finanacial Commissioner

Citation: 2023 LiveLaw (JKL) 208

The Jammu & Kashmir High Court upheld the validity of affidavits attested by Notaries appointed under the Notaries Act 1952 for use in writ proceedings before the High Court.

“Rule 181 of the High Court Rules makes the provisions of Section 139 of the Code of Civil Procedure applicable to affidavits intended to be used in the High Court. Thus, a Notary appointed under the Notaries Act is empowered to attest an affidavit which is intended to be used in the High Court.”, the bench said.

CRPF | Mere Receipt Of Termination Order In Kashmir Doesn't Confer Jurisdiction To Hear Challenge Against Order Passed In Patna: J&K High Court

Case Title: Shahnawaz Ahmad Vs Union Of India

Citation: 2023 LiveLaw (JKL) 209

The Jammu and Kashmir and Ladakh High Court refused to hear challenge to an order passed by CRPF commandant in Patna terminating the services of a personnel, merely because the latter received such order in Kashmir.

A single bench of Justice Sanjay Dhar observed,

"In the instant case, the order whereby the petitioner has been declared as a ‘deserter’ has been passed by Commandant of 134 Bn. CRPF at Gulzarbagh Patna, Bihar. The impugned order of termination of services of the petitioner has been passed by the Commandant at Ranchi Jharkhand and the enquiry proceedings have also taken place at Ranchi Jharkhand. All these places are beyond the territorial jurisdiction of this Court."

[Section 104 CPC] Jammu & Kashmir High Court Says Power Of Appellate Court Circumscribed In Injunction Matters

Case Title: Mudasir Nazir Vs University Of kashmir

Citation: 2023 LiveLaw (JKL) 210

The Jammu and Kashmir and Ladakh High Court ruled that an appellate court should be hesitant to intervene and overturn the lower court's decision in injunction applications, solely on the notion that it might have reached a different conclusion if it had considered the matter initially.

It emphasised that if the trial court exercises its discretion reasonably and judiciously, the appellate court should not interfere with its authority and jurisdiction.

J&K Civil Service Regulations | Competent Authority Must Form Bonafide Opinion Based On Relevant Record For Compulsory Retirement: High Court

Case Title: State Of J&K vs Narayan Dutt

Citation: 2023 LiveLaw (JKL) 211

The Jammu and Kashmir and Ladakh High Court ruled that to enforce an order of 'compulsory retirement' upon a government servant, the competent authority must reach a bona fide opinion, based on relevant material, that such order is necessary in public interest.

“Merely because the committee has made recommendations for retirement of writ petitioner, he cannot be compulsorily retired unless the competent authority comes to a conclusion after forming a bona fide opinion of its own that the writ petitioner can be subjected to compulsory retirement in the interest of the institution”, a bench of Justices Tashi Rabstan and Mohan Lal observed.

Jammu & Kashmir High Court Upholds Preventive Detention Of Alleged Leader Of Banned Organization Jamat-e-Islami

Case Title: Abdul Hameed Ganie @ Dr.Hameed Fayaz vs. State of J&K

Citation: 2023 LiveLaw (JKL) 212

The Jammu and Kashmir High Court upheld the preventive detention order issued against Ab. Hameed Ganie, allegedly former "Ameer" (leader) of banned organization Jamat-e-Islami. The detention order was passed by District Magistrate, Shopian on September 16, 2022, under the provisions of J&K Public Safety Act, 1978.

“Having glance of the grounds of detention, it is clear that right from the college life the detenue was involved in anti-national activities. His affiliation with banned organization Jamat-e-Islami and holding the different positions in the said organization with an aim and purpose to liberate the State of J&K from India and annex it with Pakistan. His inclination towards secessionist elements gave him a place in Jamat-e- Islami which is a banned organization, of which he was an active member”, Justice M A Chowdhary observed.

Employee Free To Challenge Conditions Of Appointment Order If They Are Not In Conformity With Law: Jammu & Kashmir High Court

Case Title: Sarwa Begum and Ors. (LRs of Late Shabir Ahmad Dar) Vs State of J&K and Ors.

Citation: 2023 LiveLaw (JKL) 213

The Jammu and Kashmir and Ladakh High Court upheld the right of an employee to challenge the conditions of his/her appointment order in case the same is not in conformity with law.

A single bench of Justice Wasim Sadiq Nargal observed,

"Once, the respondents have admitted their mistake of granting the lower pay scale to the petitioner in spite of the fact that the petitioner was entitled for the higher grade being diploma holder, then it was incumbent on the part of the respondents to have rectified their mistake by granting him the benefit of the said grade retrospectively from the date when the petitioner came to be appointed along with all consequential benefits."

LAHDC Elections: High Court Directs Ladakh Authorities To Allow J&K National Conference Candidates To Contest On Reserved Symbol 'Plough'

Case Title: Jammu and Kashmir National Conference through its General Secretary Ali Mohammad Sagar Vs UT of J&K

Citation: 2023 LiveLaw (JKL) 214

The Jammu and Kashmir High Court directed the Union Territory (UT) of Ladakh to let candidates of the J&K National Conference (JKNC) contest on their reserved election symbol 'Plough' in the upcoming Ladakh Autonomous Hill Development Council (LAHDC) elections.

Industrial Disputes Act | Employer's Failure To Assign Work To Employee Deemed Retrenchment: Jammu & Kashmir High Court

Case Title: MANAGING DIRECTOR JK HANDICRAFTS Vs AGA SYED MUSTAFA & ANR.

Citation: 2023 LiveLaw (JKL) 215

The Jammu & Kashmir and Ladakh High Court ruled that even if an employer corporation does not explicitly issue a termination order, its behaviour of not assigning work to an employee while doing so for others can still be considered as retrenchment under the Industrial Disputes Act of 1947.

Justice Sanjay Dhar added that any cessation of a workman's service, apart from voluntary retirement, reaching superannuation, or termination due to ill health, is encompassed within the definition of retrenchment.

'Temporary Residence' Under Domestic Violence Act Includes Victim's Shelter Amidst Matrimonial Home Turmoil: Jammu & Kashmir High Court

Case Title: Aamir Javid Waza and ors. Vs Gousia Jan and Ors.

Citation: 2023 LiveLaw (JKL) 216

Clarifying the interpretation of the term "temporary residence" under the Protection of Women from Domestic Violence Act, 2005, the Jammu and Kashmir and Ladakh High Court emphasized that a "temporary residence" encompasses situations where an individual is compelled to find refuge due to domestic violence, or where they have been forced out of their matrimonial home.

Using Higher Denomination Note For Goods Of Lower Value Insufficient To Prove Knowledge For Possessing Counterfeit Currency: J&K High Court

Case Title: MOHAMMAD ASHRAF RESHI Vs STATE OF J&K

Citation: 2023 LiveLaw (JKL) 217

The Jammu & Kashmir and Ladakh High Court recently observed that tendering a higher denomination currency note for goods of lower value is common practice and does not necessarily indicate knowledge of forged notes.

Justice Sanjay Dhar added that no liability can be imposed under Sections 489B and 489C of the RPC unless it is proven that the person in possession or using forged currency notes had knowledge or reason to believe they were counterfeit.

Counterclaims Have Independent Status, Can Continue Despite Dismissal Of Primary Suit: Jammu & Kashmir High Court

Case Title: Abdul Rashid Dar and others Vs Ghulam Qadir Dar and others

Citation: 2023 LiveLaw (JKL) 218

The Jammu and Kashmir and Ladakh High Court observed that a counterclaim, once raised by a defendant, possesses an independent status and that even in cases where the primary suit is stayed, discontinued, or dismissed, the counterclaim can continue unabated.

Insurance Agents Liable For Errors In Insurance Applications, Must Provide Diligent Assistance To Customers: Jammu & Kashmir High Court

Case Title: Inder Jeet Singh Vs ICICI Lombard and another

Citation : 2023 LiveLaw (JKL) 219

The Jammu and Kashmir High Court held that insurance agents are required to provide careful and diligent assistance to customers while helping them complete insurance applications as intermediaries between clients and insurance companies.

Legality Of Award Passed By Labour Court Can't Be Challenged Under Article 226 Of Constitution: Jammu & Kashmir High Court

Case Title: Vishwakarma Gun Works Vs Industrial Tribunal Court and Ors.

Citation: 2023 LiveLaw (JKL) 220

The Jammu & Kashmir and Ladakh High Court held that the legality or correctness of an Award passed by the Labour Court cannot be challenged under Article 226 of the Constitution of India.

The Labour Court assumes the powers of a Civil Court when passing an award under the Industrial Disputes Act. Any orders from a Civil Court can be contested before the High Court only under Article 227 of the Constitution of India, by invoking the supervisory jurisdiction, it held.

Nothing Has Improved Even A Decade After Nirbhaya: Jammu & Kashmir High Court Convicts Grandfather Of Raping Toddler

Case Title: BR (name redacted) Vs State of J&K

Citation: 2023 LiveLaw (JKL) 221

Upholding the conviction of a man accused of raping his one-year-old granddaughter, the Jammu and Kashmir and Ladakh High Court expressed its concern that despite over a decade since the heinous Nirbhaya case, little progress has been made in addressing the increasing crimes against women and children.

25 Years On, Jammu & Kashmir High Court Orders Compensation To Landowners Affected By Ranjit Sagar Dam Submersion

Case Title: Vinod Kumar and Others v. State of J&K

Citation: 2023 LiveLaw (JKL) 222

The Jammu & Kashmir High Court directed the Union Territory to pay compensation to the landowners whose properties were submerged due to the construction of the Ranjit Sagar Dam (also known as Thein Dam Project) over 25 years ago.

Justice Wasim Sadiq Nargal added that the petitioners should not have to wait for intergovernmental settlements for the disbursement obligated to them.

Simultaneous Prosecution Under PMLA, UAPA Not Double Jeopardy: Jammu & Kashmir High Court

Case Title: IRSHAD AHMAD QURESHI & ANR Vs. STATE OF J&K & OTHERS

Citation: 2023 LiveLaw (JKL) 223

Emphasizing that the offence under Section 3 of the Prevention of Money Laundering Act (PMLA) is distinct and independent from offences under the Unlawful Activities (Prevention) Act (UAP Act), the Jammu and Kashmir and Ladakh High Court held that simultaneous prosecution under both laws does not amount to double jeopardy.

J&K Land Acquisition Act | Deputy Commissioner Not Authorized To Make Section 6 Declarations On 'Public Purpose': High Court

Case Title: Gul Mohammad and Ors Vs State of J&K and Ors.

Citation: 2023 LiveLaw (JKL) 224

Shedding light on crucial aspects of the land acquisition process under the J&K Land Acquisition Act, 1990, the Jammu and Kashmir and Ladakh High Court held that a Deputy Commissioner exercising the powers of a particular district has not been delegated with the power to make a declaration under Section 6 of the Act which is conclusive evidence that the land is needed for public purpose.

"Useless Formality Theory": J&K High Court Says Post-Decisional Hearing Can Remove Procedural Deficiency Of Pre-Decisional Hearing

Case Title: Noor Illahi Fakhtoo vs UT of J&K and Ors.

Citation: 2023 LiveLaw (JKL) 225

The Jammu and Kashmir High Court observed that the "Useless Formality Theory" would be relevant in cases where a party's case lacks substance or chances of success are slim, and applying natural justice principles would not change the outcome.

The Bench comprising Justice Javed Iqbal Wani clarified that even in such cases, taking recourse to a post-decisional hearing can fix procedural flaws and ensure fairness.

Mistake Of Fact Or Law Not Ground To Entertain Article 227 Petition Unless There Is Manifest Miscarriage Of Justice: Jammu & Kashmir High Court

Case Title: Surjeet Singh Vs Sheikh Behzad Khalid & others

Citation: 2023 LiveLaw (JKL) 226

The Jammu and Kashmir High Court underscored that a petition under Article 227 of the Constitution cannot be invoked merely on the basis of personal dissatisfaction with court orders.

Justice Puneet Gupta stressed that orders cannot be set aside without substantial grounds, and even errors of fact or law may not warrant interference unless they result in a clear miscarriage of justice.

Appellant Should Also Challenge Decree Not Just Judgment U/S 96 CPC: Jammu & Kashmir High Court

Case Title: Nazir Ahmad Ganie and Another Vs Mohammad Amin Ganie

Citation: 2023 LiveLaw (JKL) 227

The Jammu and Kashmir High Court highlighted that an appeal must challenge the decree passed by the original court, not just the judgment as mandated by Section 96 of the Code of Civil Procedure (CPC).

Justice Puneet Gupta emphasised that the responsibility to challenge the decree rested with the appellants and that their failure to do so within the stipulated time period could not be excused.

Engaged In Anti-National Activities Since Tender Age: J&K High Court Upholds Detention Of Alleged Dukhtaran-e-Milat Operative

Case Title: Haseena Akhter Vs. Union Territory of J&K & Anr.

Citation: 2023 LiveLaw (JKL) 228

The Jammu and Kashmir High Court upheld a preventive detention order issued against Haseena Akhter who is allegedly associated with the banned outfit Dukhtaran-e-Milat.

Justice M.A Chowdhary upheld the detention order upon finding that the detenu was involved in anti-national activities from a young age and her activities posed a potential threat to the security of the State, justifying her detention under the Public Safety Act.

Jammu & Kashmir High Court Imposes 1 Lakh Penalty On State For Bypassing Land Acquisition Procedures

Case Title: Mian Khan and Others Vs UT of J&K

Citation: 2023 LiveLaw (JKL) 229

Coming down heavily against the state administration for forcibly acquiring land without due process and compensation, the Jammu and Kashmir High Court imposed a penalty of Rs. 1 lakh on the state for violating the constitutional right to property.

Justice Wasim Sadiq Nargal emphasised that property rights are a cornerstone of a democratic society governed by the rule of law and that the state cannot arrogate itself power beyond the boundaries set by the Constitution.

Court Can Review Detention Orders Despite Detaining Authority's Subjective Satisfaction: Jammu & Kashmir High Court

Case Title: Mohammad Amin Wani vs. UT Of J&K

Citation: 2023 LiveLaw (JKL) 230

While acknowledging the principle of not ordinarily interfering with the detaining authority's subjective satisfaction, the Jammu and Kashmir and Ladakh High Court clarified that this principle does not preclude the court from examining the material that forms the basis of detention.

Justice Puneet Gupta found that while the detention order need not be preceded by a police case, the vague allegations against the petitioner were not supported by sufficient evidence and concluded that the detention order did not meet the requisite legal standards.

J&K Distillery Rules | State Can't Levy Excise Duty On Rectified Spirit Unfit For Human Consumption: High Court

Case Title: Gupta Modern Breweries Vs State of J&K

Citation: 2023 LiveLaw (JKL) 231

The Jammu and Kashmir High Court has ruled that the State does not possess the requisite legislative competence to impose Excise Duty on rectified spirit not suitable for human consumption as per Rules 107 and 108 of the Jammu & Kashmir Distillery Rules.

Justice Moksha Khajuria Kazmi interpreted the Jammu and Kashmir Excise Act to allow Excise Duty only on spirits that had passed certain production and distillation stages and were fit for human consumption.

Drug Abuse An Epidemic Among Youth: Jammu & Kashmir High Court Calls For Collective Action

Case Title: Tawqeer Bashir Magray Vs. Union Territory of J&K & Anr.

Citation: 2023 LiveLaw (JKL) 232

Upholding the detention order of a petitioner found engaged in illicit drug trafficking, the Jammu and Kashmir High Court emphasised the need for joint efforts from the concerned agencies and community leaders to combat the growing menace of drug abuse, particularly among the youth.

Justice M A Chowdhary observed,

“The epidemic of drug abuse in younger generation has assumed alarming dimensions in the country. Prevention of drug abuse among adolescents requires awareness about its destructive results. To overcome the menace of drug abuse, concerned agencies hand-in-hand with the community heads are required to come forward and deal with this menace with iron hand to save the society more particularly the young generation and families.”

Termination Order Cannot Be Challenged U/S 33C(2) Of Industrial Disputes Act: Jammu & Kashmir High Court

Case Title: M/S CADILA HEALTH CARE LTD. Vs PRESIDING OFFICER & ANR.

Citation: 2023 LiveLaw (JKL) 233

The Jammu and Kashmir High Court ruled that the validity of a dismissal order cannot be addressed within the confines of a proceeding under Section 33C(2) of the Industrial Disputes Act as the issue relating to validity of a dismissal order can by no stretch of imagination be termed as incidental to the proceedings under Section 33C(2) of the Act.

Justice Sanjay Dhar observed

“…Unless there is a reference of a dispute regarding validity of a dismissal order before the Labour Court, it cannot adjudicate upon the said issue in a proceeding under Section 33C(2) of the Act. The issue relating to validity of a dismissal order can by no stretch of imagination be termed as incidental to the proceedings under Section 33C(2) of the Act.”

Dying Declaration | One Line Certificate By Doctor That Patient Is Fit Without Any Observation Not Sufficient: Jammu & Kashmir High Court

Case Title: SSP Kathua Vs Baghwan Das

Citation: 2023 LiveLaw (JKL) 234

The Jammu & Kashmir High Court has made it clear that mere one-line certification by a doctor stating a patient's fitness, without any other observation, is inadequate in assessing the authenticity of the patient's dying declaration.

A bench of Justices Atul Sreedharan and Mohan Lal emphasised on the need for a thorough evaluation of the mental condition of the declarant to ensure that "embellishment in the form of hallucinated statements on account of an improper frame of mind is discounted".

J&K Control Of Building Operations Act | Unauthorised Constructions Compounded By Municipal Authorities Deemed Authorised: High Court

Case Title: BOCA Jammu Vs Nageen Ara

Citation: 2023 LiveLaw (JKL) 235

The Jammu and Kashmir High Court held that once an unauthorized construction has been compounded by the municipal authorities, it attains the status of an authorized construction, thereby rendering any subsequent legal proceedings challenging its legitimacy as unsustainable under Article 226 of the Constitution of India.

Justice Wasim Sadiq Nargal was hearing a petition filed by the Building Operation Controlling Authority seeking to quash an order passed by the J&K Special Tribunal in November 2017 through which it had compounded an unauthorized construction.

Electrocution | 'Negligence Of Injured/Deceased' No Defence For Enterprises Engaged In Hazardous Activity: Jammu & Kashmir High Court

Case Title: State of J&K and others Vs Smt. Manjeet Kour and others

Citation: 2023 LiveLaw (JKL) 236

The Jammu and Kashmir High Court held that enterprises or departments engaged in hazardous activities cannot claim immunity from granting compensation on the ground that accident occurred due to negligence of the injured or deceased individuals.

The Bench comprising Justice Sanjeev Kumar and Justice Rahul Bharti observed, “The plea that the accident happened due to the negligence of the injured or deceased, as the case may be, is not available to such enterprise or department engaged in hazardous or inherently dangerous activity”.

JKSSB Recruitment: High Court Stays Selection Process Till Govt Takes Decision On Recruiting Agency's Allegedly Unfair Conduct

Case Title: Vinkal Sharma and others V/s UT of J&K and others

Citation: 2023 LiveLaw (JKL) 237

The Jammu and Kashmir High Court dismissed "mere apprehensions" of unfair conduct of the Jammu and Kashmir Service Board (JKSSB) in recruitment but has halted the selection process, till a final decision is taken by the government on the report/recommendations made by the High-Level Committee which was appointed to review the board's functioning.

The Committee was constituted to examine whether the process of tendering followed by JKSSB, in selecting M/S Aptech Ltd. to conduct the examinations, was consistent with the extant Financial Rules/Acts, and, if all the relevant norms were fully complied with.

'Drug Abuse Taking A Toll On Lives Globally': J&K High Court Upholds Preventive Detention Of Alleged Drug Trafficker

Case Title: Happy Singh vs. Union of India

Citation: 2023 LiveLaw (JKL) 238

The Jammu and Kashmir and Ladakh High Court observed that the ongoing impact of illicit drug trafficking and drug abuse has taken a substantial toll on countless lives and robbed many individuals of their productive years worldwide.

Justice Wasim Sadiq Nargal thus upheld the preventive detention of an alleged drug trafficker hailing from Punjab.

“Drug trafficking along with drug abuse, especially by younger generation has continued its significant toll on valuable human lives and productive years of many persons around the globe. With the growth and development of world economy, drug traffickers are also seamlessly trafficking various type of drugs from one corner to other ensuring availability of contrabands for vulnerable segment of society who fall into trap of drug peddlers and traffickers”.

Courts To Avoid Pedantic Approach In Application For Supplementing Grounds For Delay Condonation, Unless They Determine Parties' Rights: J&K High Court

Case Title: SHAH MASOOD AHMAD AND ANR vs. SHAH SHABIR AHMAD

Citation: 2023 LiveLaw (JKL) 239

The Jammu and Kashmir High Court observed that a pedantic approach should not hinder the incorporation of additional grounds in applications seeking condonation of delay.

Justice Puneet Gupta emphasised that the court should refrain from overly strict or pedantic scrutiny when parties seek to introduce supplementary pleadings in applications that do not ultimately determine the parties' rights in the ongoing suit.

Migrant's Property Cannot Be Alienated Without Revenue Minister's Permission, Not Even By Court Decree: Jammu & Kashmir High Court

Case Title: BILLO KASANA & OTHERS Vs STATE OF J&K & ORS.

Citation: 2023 LiveLaw (JKL) 240

The Jammu and Kashmir and Ladakh High Court made it clear that the J&K Migrant Immovable Property 1997 prohibits alienation of immovable property of a migrant not only by act of parties but also by a decree or order of a Court or a revenue officer, without previous permission of Revenue and Relief Minister.

"A perusal of Section 4 of the Act of 1997 would reveal that the District Magistrate becomes custodia legis of any property belonging to a migrant and the same cannot be alienated without the permission of Revenue and Relief Minister and any alienation in violation of the same or without such permission is null and void", Justice Sanjay Dhar observed.

Only National Freedom Fighters Eligible For Benefits Under Swantantrata Sainik Samman Pension Scheme, Not Militancy Fighters: J&K High Court

Case Title: Noor Ahmad Shah vs. Union of India and Ors.

Citation: 2023 LiveLaw (JKL) 241

The Jammu and Kashmir and Ladakh High Court held that individuals who fought against militancy do not meet the criteria for pension under the Swantantrata Sainik Samman Pension Scheme.

Justice Sanjay Dhar explained that the said pension scheme is particularly designed to honour those who actively participated in the National Freedom Struggle as prescribed in the SSA Pension 1980.

Jammu & Kashmir High Court Quashes Detention Orders Of Prominent Clerics Moulana Abdul Rashid Dawoodi, Mushtaq Veeri

Case Title: MOLVI AB. RASHID SHEIKH Vs U T OF J&K &anr. ..Mushtaq Ahmad Bhat @ Veeri V/s Union Territory of J&K & Ors.

Citation: 2023 LiveLaw (JKL) 242

The Jammu & Kashmir High Court quashed the detention orders of two prominent clerics, Moulana Abdul Rashid Dawoodi and Mushtaq Ahmed Veeri, who were detained under the Public Safety Act (PSA) last year.

“Surprisingly, when no FIR is shown to have been registered against the petitioner, then how come 05 leaves of FIR etc. have been provided to him. This exhibits total non-application of mind and overzealousness on the part of the detaining authority, which casts serious doubt about the authenticity of the receipt”, the bench remarked.

Framing Of Charges | High Court Can't Scrutinise Evidence To Differ From Trial Court's Opinion: Jammu & Kashmir High Court

Case Title: Brij Bhushan Sharma vs. State Of J&K

Citation: 2023 LiveLaw (JKL) 243

The Jammu and Kashmir and Ladakh High Court ruled that a High Court's scrutiny of the evidence and material collected by the prosecution in support of the charge, in exercise of its inherent jurisdiction under Section 561-A of the J&K Code of Criminal Procedure is not any higher than that of the court that framed the charge.

“Sifting of evidence to come to a conclusion contrary to the one arrived at by the trial Court in framing charge is not permissible”, Justices Sanjeev Kumar and Rajesh Sekhri observed.

CPC Intended To Facilitate Justice & Not Penalise Individuals, Procedural Errors Can't Defeat A Rightful Relief: Jammu & Kashmir High Court

Case Title: Mst. Raja Vs.Mst. Fazi and Ors.

Citation: 2023 LiveLaw (JKL) 244

The Jammu and Kashmir High Court emphasised that the Code of Civil Procedure is intended to facilitate justice, not to penalize individuals and courts typically do not deny rightful relief due to procedural errors or mistakes, whether they result from negligence, inadvertence, or rule violations.

Justice Javed Iqbal Wani thus set aside an order passed by the Court of Special Mobile Magistrate, Anantnag invoking its supervisory jurisdiction under Article 227 of the Constitution.

Issuance Of Process Must Reflect Application Of Mind, Can't Simply Fill Blank Spaces In Printed Proforma: Jammu & Kashmir High Court

Case Title: Sajad Ahmad Mir V/s Mukhtair ul Qadir

Citation: 2023 LiveLaw (JKL) 245

The Jammu and Kashmir and Ladakh High Court deprecated the practice of issuance of process on printed proforma by filling blank spaces.

Bench of Justice Rajnesh Oswal reasoned that issuance of process is a serious matter and it must reflect the application of mind on the part of the concerned Magistrate though it is not incumbent upon the Magistrate to explicitly state the reasons for issuance of process.

Also Read - J&K Agrarian Reforms Act | Landlord-Tenant Relationship To Be Established Between Parties To Avail Ownership Rights U/S 4, 8 : High Court

CPC | Not Necessary To Assess Legality Of Underlying Circumstances While Allowing Amendment To Plaints: J&K High Court

Case Title: Mohammad Rafiq Mir Vs Mohamad Bhat

Citation: 2023 LiveLaw (JKL) 246

The Jammu and Kashmir and Ladakh High Court emphasised that when permitting amendments of plants under Order VI Rule 17 CPC, courts are not obligated to delve into the legality or illegality of the circumstances that prompted the amendment.

Also Read - Jurisdiction U/Art 226 Not Confined To Administrative, Executive Actions Of State, Also Extends To Promissory Estoppel: J&K High Court

Justice Puneet Gupta added that the order sought to be included in the amended pleadings was a matter for a forum other than the civil court.

Govt Notifications That Create, Extinguish Rights Should Be Published In Govt Gazette Unlike Those Declaring Existing Facts: J&K High Court

Case Title: Intizamiya Committee Dargah and Anr v. Union Territory of J&K and Ors.

Citation: 2023 LiveLaw (JKL) 247

Also Read - History Sheets Only To Be Opened If Authority Reasonably Convinced Of Habitual Offending: Jammu & Kashmir High Court

The Jammu and Kashmir and Ladakh High Court held that while government notifications that create or extinguish rights and liabilities require mandatory publication in the Government Gazette, those that inform the public about existing facts can be deemed as directory in nature.

A bench of Justice Javed Iqbal Wani was hearing a petition challenging the takeover of a religious site Ziyarat Sharief Syed Khazir Sahab by the Jammu and Kashmir Wakaf Board.

No Father Would Falsely Accuse An Innocent Person Of Committing Rape On Mentally Unsound Minor Daughter: Jammu & Kashmir High Court

Case Title: Nikhil Sharma Vs State of J&K and others

Citation: 2023 LiveLaw (JKL) 248

The Jammu and Kashmir and Ladakh High Court upheld a rape conviction on the testimony of the father of the mentally unsound daughter observing that no father would falsely implicate an innocent person for such an offence.

A bench of Justices Rajnesh Oswal and Moksha Khajuria Kazmi was hearing an appeal against the judgment passed by the Additional Sessions Judge which convicted the appellant for the commission of offences under Sections 363 and 376 RPC.

Court Not Barred From Assessing Detention Orders If Unjust Detention Suspected: Jammu & Kashmir High Court

Case Title: Abdul Rashid Dar vs. UT Of J&K

Citation: 2023 LiveLaw (JKL) 249

The Jammu and Kashmir and Ladakh High Court quashed a detention order observing that while the Court does not engage in evaluating the detention order as in an appellate process, it does not imply that the Court is entirely precluded from scrutinizing the detention order.

Justice Puneet Gupta added that if it finds that the order is merely a facade designed to unjustly detain an individual, the Court is duty-bound to intervene, as safeguarding the liberty of the detainee is of paramount importance.

J&K Arbitration And Conciliation Act | Filing Application U/S 5 Not Bar To Referral For Arbitration U/S 8(1): High Court

Case Title: Brij Mohan Sawney Vs Sanjeev Kumar Gupta

Citation: 2023 LiveLaw (JKL) 250

The Jammu and Kashmir and Ladakh High Court clarified that filing of the application under Section 5 of the Jammu and Kashmir Arbitration and Conciliation Act, 1997 cannot be construed as a submission of statement of the substance of the dispute within the meaning of Section 8(1) of the Act to create a legal bar in referring the matter to an arbitrator

FIR Can Be Registered On Complaint Received Via WhatsApp: Jammu & Kashmir High Court

Case Title: Dilshad Sheikh & Ors vs Sabha Sheikh

Citation: 2023 LiveLaw (JKL) 251

The Jammu and Kashmir and Ladakh High Court r held that registration of complaints via WhatsApp, coupled with acknowledgement by relevant authorities, is substantial compliance of Sections 154(1) and 154(3) of CrPC- provisions pertaining to registration of FIRs.

History Sheets Only To Be Opened If Authority Reasonably Convinced Of Habitual Offending: Jammu & Kashmir High Court

Case Title: Bashir-Ud-Din Vs UT Of J&K

Citation: 2023 LiveLaw (JKL) 252

The Jammu and Kashmir and Ladakh High Court ruled that law enforcement shall strictly adhere to established parameters in Police Rules while opening or retaining history sheets. It added that a history sheet can be opened only on the subjective satisfaction of the authority that the person is a habitual offender.

Justice M A Chowdhary added that authorities must exercise this discretion based on reason and justice, not personal opinion or whims and their actions should adhere to the law and established procedures, avoiding arbitrary, vague, or fanciful decisions.

Jurisdiction U/Art 226 Not Confined To Administrative, Executive Actions Of State, Also Extends To Promissory Estoppel: J&K High Court

Case Title: Hotel Ashai Srinagar & Ors. Vs State of J&K

Citation: 2023 LiveLaw (JKL) 253

The Jammu and Kashmir and Ladakh High Court observed that the High Court's authority under Article 226 of the Constitution is not confined to scrutinizing the administrative and executive decisions of the government but also applies to the applicability of the doctrine of promissory estoppel.

Justice Wasim Sadiq Nargal observed that jurisdiction under Article 226 can be invoked to ensure that the government abides by its promises.

“The jurisdiction of the High Court while exercising the powers under Article 226 of the Constitution of India is not restricted only to the review of the administrative actions and executive decisions of the State but also extends to the applicability of the "doctrine of promissory estoppels" of which the whole object is to see that the Government sticks to its promise and abides by it”.

J&K Agrarian Reforms Act | Landlord-Tenant Relationship To Be Established Between Parties To Avail Ownership Rights U/S 4, 8 : High Court

Case Title: Ama Teli V/s Manzoor Ahmad Bhat and others

Citation: 2023 LiveLaw (JKL) 254

The Jammu and Kashmir and Ladakh High Court ruled that in order to get the benefit of Sections 4 and 8 of the Agrarian Reforms Act, 1976 it has to be established that there was a relationship of a landlord and tenant between the parties and a tenant who was in possession of the land was paying rent to the landlord.

Justice Javed Iqbal Wani emphasized that the Act aimed to extinguish the landlord-tenant relationship and provided a specific process for tenants to benefit from it. This included attestation of mutations under sections 4 and 8, based on the existence of a landlord-tenant relationship.

Offences Under Prevention Of Corruption Act Can Be Invoked Against Persons Discharging Public Duty, Not Only Public Servants: J&K High Court

Case Title: Sheikh Abdul Majeed Vs UT of J&K

Citation: 2023 LiveLaw (JKL) 255

The Jammu & Kashmir High Court held that a broad interpretation of the term "public servant" under Section 2(c) of the Prevention Of Corruption Act is essential to curb the growing menace of corruption in the society imparting public duty.

Justice Wasim Sadiq Nargal also clarified that it would be inappropriate to limit the definition by an interpretation which would be against the spirit of the statute.

“In furtherance of the fight against corruption, a broad interpretation to the provisions of this statute is required to be given and the arms of this Act are required to be extended to the maximum. The offences under the P.C.Act can be invoked not only against a public servant but also against a person, who by virtue of his office has been discharging 'public duty'”.