Jammu & Kashmir And Ladakh High Court Weekly Round-Up: July 29 - August 4, 2024

Mr. Nagraj V Vs UT of J&K 2024 LiveLaw (JKL) 208

BASHIR AHMAD WANI Vs J&K FOREST DEVELOPMENT CORPORATION & OTHERS 2024 LiveLaw (JKL) 209

Mohammad Akram Rather and Ors Vs UT through Director General of Police and Ors 2024 LiveLaw (JKL) 210

Gulzar Ahmad Malik Vs Tariq Ahmad Parray and another 2024 LiveLaw (JKL) 211

Fayaz Ahmad Mir Vs Nighat Nasreen 2024 LiveLaw (JKL) 212

Satya Prakash Arya Vs Syed Abid Jalali 2024 LiveLaw (JKL) 213

Javeed Ahmad Sheikh and others Vs J&K Bank 2024 LiveLaw (JKL) 214

Manju Bhat Vs Dr Amit Wanchoo Citation: 2024 LiveLaw (JKL) 215

Abdul Rashid Bhat Vs State of J&K 2024 LiveLaw (JKL) 216

MOHAMMAD ABDULLAH CHOWDHARY Vs J&K SMALL SCALE INDUSTRIES DEV. CORPORATION AND OTHERS 2024 LiveLaw (JKL) 217

Case Title: Abdul Rashid Yatoo Vs Abdul Gani Malik

Citation: 2024 LiveLaw (JKL) 218

Judgments/Orders:

Bail Plea Of Man Who Ran Property Scam By Posing As Co-Producer Of 'Bahubali' Film

Case Title: Mr. Nagraj V Vs UT of J&K

Citation: 2024 LiveLaw (JKL) 208

The Jammu and Kashmir and Ladakh High Court dismissed the bail application of Nagraj V., a self-proclaimed entrepreneur and industrialist, who has been embroiled in a Rs 1 crore scam involving fraudulent property transactions.

Leave Granting Authority Can Call For Second Medical Opinion Before Deciding On Genuineness Of Employee's Medical Leave: J&K High Court

Case Title: BASHIR AHMAD WANI Vs J&K FOREST DEVELOPMENT CORPORATION & OTHERS

Citation: 2024 LiveLaw (JKL) 209

While setting aside an order treating the absence of an employee as unauthorised and directing for its regularization, the Jammu and Kashmir and Ladakh High Court emphasized that the competent authority has the option to secure a second medical opinion before concluding on the genuineness of medical leave.

Court's Inherent Powers Not Boundless, Expressions Such As 'Abuse Of Process' Or 'Securing Ends Of Justice' Don't Grant Unlimited Jurisdiction: J&K High Court

Case Title: Mohammad Akram Rather and Ors Vs UT through Director General of Police and Ors.

Citation: 2024 LiveLaw (JKL) 210

Emphasising that the inherent powers under Section 482 of the Criminal Procedure Code (CrPC) are not boundless the Jammu and Kashmir and Ladakh High Court clarified that expressions such as “abuse of process of law” or “to secure the ends of justice” do not grant the High Court unlimited jurisdiction.

Proving Intent For Issuing Cheque Not Required U/S 138 NI Act, But Is Essential For Prosecution U/S 420 IPC: Jammu & Kashmir High Court

Case Title: Gulzar Ahmad Malik Vs Tariq Ahmad Parray and another

Citation: 2024 LiveLaw (JKL) 211

The Jammu & Kashmir and Ladakh High Court delivered a judgment quashing a complaint against a petitioner under Section 138 of the Negotiable Instruments Act, 1881 stating that the intent at the time of issuance of the cheque does not need to be proven for Section 138, whereas it is vital for Section 420 IPC.

Minor Staying With Father Cannot Be Termed Illegal Confinement, Not Proper To Assume Only Mother Is Important For Child: J&K High Court

Case Title: Fayaz Ahmad Mir Vs Nighat Nasreen

Citation: 2024 LiveLaw (JKL) 212

Underscoring the paramount importance of both parents in a child's life, the Jammu and Kashmir and Ladakh High Court severely reprimanded a magistrate for illegally ordering the custody of a minor child to the mother under Section 97 of the CrPC.

Defamatory Statements In Pleadings Or Petitions Amount To Publication Under Section 499 IPC: Jammu & Kashmir High Court

Case Title: Satya Prakash Arya Vs Syed Abid Jalali

Citation: 2024 LiveLaw (JKL) 213

The Jammu & Kashmir and Ladakh High Court ruled that defamatory statements made in court pleadings amount to publication and can form the basis for the prosecution of such client for an offence under Section 499.

"Creating False Equivalence & Illusion": High Court Orders Fresh Promotion Test For J&K Banking Associates, Declares Current Process Unfair

Case Title: Javeed Ahmad Sheikh and others Vs J&K Bank

Citation: 2024 LiveLaw (JKL) 214

Reiterating that inequals cannot be treated equally, the Jammu and Kashmir and Ladakh High Court ruled the selection process for Banking Associates under the Seniority cum Selectivity channel to be illegal and arbitrary.

The court has further directed the J&K Bank to conduct a fresh eligibility screening test for the petitioners, who are non-IBPS Banking Associates.

Issuing Summons In Defamation Cases Cannot Be A Mechanical Exercise, Requires Proper Application Of Mind: J&K High Court

Case Title: Manju Bhat Vs Dr Amit Wanchoo

Citation: 2024 LiveLaw (JKL) 215

The Jammu and Kashmir and Ladakh High Court has underscored the crucial role of magistrates in applying their minds judiciously before issuing processes in criminal complaints, especially those pertaining to defamation.

S.471 RPC | Fraudulent Use Of Forged Documents Is Punishable Even If Not Personally Forged By Accused: Jammu & Kashmir High Court

Case Title: Abdul Rashid Bhat Vs State of J&K

Citation: 2024 LiveLaw (JKL) 216

The Jammu and Kashmir and Ladakh High Court ruled that individuals can be held guilty under Section 471 of the Ranbir Penal Code (RPC) for using forged documents as genuine, even if they did not personally forge the document.

Even Though Writ Petitions Have No Limitation Period, They Must Be Filed Within Reasonable Time: J&K High Court Dismisses Plea Filed After 26 Yrs

Case Title: MOHAMMAD ABDULLAH CHOWDHARY Vs J&K SMALL SCALE INDUSTRIES DEV. CORPORATION AND OTHERS

Citation: 2024 LiveLaw (JKL) 217

The Jammu and Kashmir and Ladakh High Court ruled that filing representations on stale matters or those barred by limitation cannot create a fresh cause of action or revive a dead claim, even if these representations are considered by competent authorities or the Court directs their consideration.

Proceedings U/S 138 N.I. Act Justified In Cases Arising From Commercial Transactions Regardless Of Their Civil Nature: J&K High Court

Case Title: Abdul Rashid Yatoo Vs Abdul Gani Malik

Citation: 2024 LiveLaw (JKL) 218

The Jammu and Kashmir and Ladakh High Court ruled that proceedings under Section 138 of the Negotiable Instruments Act (N.I. Act) are justified in cases stemming from commercial transactions, regardless of the civil nature of the underlying transaction.