Jammu & Kashmir And Ladakh High Court Weekly Round-Up: February 5 - February 11, 2024

Iftikar Ahmad Vs Abdul Majeed 2024 LiveLaw (JKL) 11

Vishal Khajuria V/s Staff Selection Commission 2024 LiveLaw (JKL) 12

Maheen Showkat Vs UT of J&K 2024 LiveLaw (JKL) 13

Union Territory of Jammu and Kashmir 2024 LiveLaw (JKL) 14

Union Territory of Jammu & Kashmir Vs IFFCO-TOKIO, General Insurance Company Limited 2024 LiveLaw (JKL) 15

Judgements/Orders:

Powers U/S 482 CrPC Not Revisional/Appellate, Terms Like "Abuse Of Process" Or "Securing Ends Of Justice" Don't Grant Unfettered Discretion: J&K High Court

Case Title: Iftikar Ahmad Vs Abdul Majeed

Citation: 2024 LiveLaw (JKL) 11

Reiterating the restricted nature of its inherent power under Section 482 of the Criminal Procedure Code (CrPC) for quashing criminal complaints the Jammu and Kashmir and Ladakh High Court observed that this exceptional power cannot be used for detailed evidence evaluation or as a substitute for appeals or revisions.

Person Not Possessing Prescribed Qualifications Can't Be Appointed Even If They Qualify All Tests Laid Down For Recruitment: J&K High Court

Case Title: Vishal Khajuria V/s Staff Selection Commission

Citation: 2024 LiveLaw (JKL) 12

The Jammu and Kashmir and Ladakh High Court ruled that even if a candidate scores well in recruitment tests, they cannot be appointed if they lack the basic eligibility criteria.

“The eligibility for recruitment goes to the root of selection and the person, who does not possess the prescribed qualification, cannot be appointed against the post even if he has qualified all the tests laid down for such recruitment”, the court said.

Private Law Remedies Against Public Bodies Not Enforceable Through Writ Jurisdiction Unless Their Functions Had Public Element: J&K High Court

Case Title: Maheen Showkat Vs UT of J&K

Citation; 2024 LiveLaw (JKL) 13

Distinguishing between public and private law matters and their redressal mechanisms the Jammu and Kashmir and Ladakh High Court ruled that private remedies cannot be enforced through extraordinary writ jurisdiction, even against public authorities.

A bench of Justice Justice Javed Iqbal Wani clarified that even if a body performing a duty makes it amenable to writ jurisdiction, all its functions are not subject to judicial review except those with a public element therein.

“Witnesses Being Threatened To Depose In Accused's Favour, Counsels Unwilling To Take Case": J&K High Court Transfers Advocate Babar Qadri's Murder Trial From Srinagar To Jammu

Case Title: Union Territory of Jammu and Kashmir

Citation: 2024 LiveLaw (JKL) 14

The Jammu and Kashmir and Ladakh High Court ordered the transfer of the trial in the murder case of Advocate Babar Qadri from Srinagar to the court of Special Judge Designated under NIA Act in Jammu. The decision comes in response to concerns over witness safety and the need for a fair and impartial trial.

Qadri, a prominent lawyer was fatally attacked at his residence in Srinagar, on September 24, 2020. The attack, carried out by unknown terrorists, involved firing upon Qadri, leaving him dead.

Determinable Contracts Not Specifically Enforceable, Injunction Cannot Be Granted To Prevent Breach: J&K High Court

Case Title: Union Territory of Jammu & Kashmir Vs IFFCO-TOKIO, General Insurance Company Limited

Citation: 2024 LiveLaw (JKL) 15

Shedding light on the nature of determinable contracts, their enforcement under the Specific Relief Act, and the applicability of injunctions on them, the Jammu and Kashmir and Ladakh High Court ruled that when a contract is determinable and cannot be specifically enforced, no injunction against termination and enforcement of the contract can be issued.