Jammu & Kashmir And Ladakh High Court Weekly Round-Up: February 19 - February 25, 2024

Mohammad Shafi Dar Vs Directorate of Enforcement and another 2024 LiveLaw (JKL) 21

Mangal Singh Vs Balbir Singh 2024 LiveLaw (JKL) 22

Dr. Mohammad Riyaz Latoo and another Vs SKIMS & Anr 2024 LiveLaw (JKL) 23

Jaswant Singh Vs J&K State Road Transport Corporation 2024 LiveLaw (JKL) 24

Judgments/Orders:

Jammu & Kashmir High Court Grants Bail To State Cooperative Bank's Ex-Chairman In Alleged 233 Crore Money Laundering Scam

Case Title: Mohammad Shafi Dar Vs Directorate of Enforcement and another

Citation: 2024 LiveLaw (JKL) 21

The Jammu and Kashmir and Ladakh High Court has granted bail to former J&K State Cooperative Bank Chairman Muhammad Shafi Dar, arrested by the Enforcement Directorate (ED) in connection with an alleged Rs 233 crore money laundering scam.

Allowing Dar's bail petition a bench of Justice Rahul Bharti observed,

“The petitioner is well within his right to say and agitate that so long as the decision to grant loan on behalf of the J&K State Cooperative Bank, Kashmir, Srinagar is to be reckoned as having been taken by the Board of Management then the liability and the responsibility for the said decision cannot be individualized to the petitioner alone and absolving the rest of the board members”.

Order 1 Rule 10(2) CPC | Court Can Add Or Remove Parties For Determination Of Dispute Without Protraction Or Inconvenience: J&K High Court

Case Title: Mangal Singh Vs Balbir Singh

Citation: 2024 LiveLaw (JKL) 22

Highlighting the court's mandate under Order 1 Rule 10(2) of the Civil Procedure Code (CPC) the Jammu and Kashmir and Ladakh High Court ruled that the court has the power to bring all interested parties into a lawsuit for a comprehensive and conclusive resolution.

Clarifying the position on Order 1 Rule(2) Justice Javed Iqbal Wani observed,

“That though the Court may have power to strike out the name of a party improperly joined or add a party either on an application or without application of either party, the condition precedent is that the court must be satisfied that the presence of such a party would be necessary in order to enable the Court to effectually and conclusively adjudicate upon and settle all the questions involved in the suit”.

"Timely Administration Necessary To Promote Rule Of Law": J&K High Court Directs SKIMS To Resume Associate Prof Selection Stalled Since 2022

Case Title: Dr. Mohammad Riyaz Latoo and another Vs SKIMS & Anr

Citation: 2024 LiveLaw (JKL) 23

The Jammu and Kashmir and Ladakh High Court directed the Sher-e-Kashmir Institute of Medical Sciences (SKIMS) to resume the selection process for promotion to the post of Associate Professor in the Department of Surgical Gastroenterology, which has been stalled since September 2022.

Emphasising the crucial role of timely administrative decision-making in upholding the Rule of Law, a bench of Justice Rahul Bharti observed,

“ A timely administrative decision making/taking serves to promote the Rule of Law whereas a procrastination and avoidance of the administrative decision making/taking demotes the Rule of Law”.

Doctrine Of Estoppel Can Be Viewed As Substantive Rule Of Law Since It Helps Create Or Deny Rights Which Would Not Exist Without It: J&K High Court

Case Title: Jaswant Singh Vs J&K State Road Transport Corporation

Citation: 2024 LiveLaw (JKL) 24

Underscoring the significance of estoppel in safeguarding individual's rights against arbitrary actions by employers, the Jammu and Kashmir and Ladakh High Court observed that in cases where statutory denial of rights does not occur, estoppel can validate claims and bar parties from denying previously affirmed facts.

A bench of Justice MA Chowdhary observed,

“Estoppel though a branch of the law of evidence is also capable of being viewed as a substantive rule of law in so far as it helps to create or defeat rights, which would not exist or be taken away but for that doctrine. Of course, an estoppel cannot have the effect of conferring upon a person a legal status expressly denied to him by a statute. But where such is not the case a right may be claimed as having come into existence on the basis of estoppel and it is capable of being enforced or defended as against the person precluded from denying it.”

News Updates:

Pathetic & Unbelievable: J&K High Court Expresses Dismay Over Prolonged Power Outage At Srinagar Bench, Requests Chief Secy For Permanent Solution

In a significant move to address the critical infrastructural challenges faced by the High Court of Jammu & Kashmir and Ladakh at Srinagar, the court requested the Chief Secretary of J&K to work out means to ensure an interrupted supply of electricity to the court.

The directions came when the High Court, situated in Srinagar, encountered a power outage during court hours, plunging the premises into darkness and rendering essential facilities, including the air heating unit, non-operational. Despite efforts, the power supply remained disrupted, highlighting the gravity of the situation.