Jammu & Kashmir And Ladakh High Court Weekly Roundup: April 1 - April 7, 2024

UT Of J&K Vs Shabir Ahmad Dar 2024 LiveLaw (JKL) 70

National Insurance Co. Vs Rakesh Kumar Sharma 2024 LiveLaw (JKL) 71

LYCEUM PUBLIC SCHOOL Vs UT OF J&K 2024 LiveLaw (JKL) 72

Principal Commissioner of Income Tax Versus Dr. Karan Singh 2024 LiveLaw (JKL) 73

Abdul Qayoom Ganaie Vs UT of J&K 2024 LiveLaw (JKL) 74

Ghar Singh vs University of Jammu & Ors 2024 LiveLaw (JKL) 75

Balbir Singh Vs UT of J&K 2024 LiveLaw (JKL) 76

Abdul Hamid Sheikh Vs UT Of J&K 2024 LiveLaw (JKL) 77

Krishan Gupta and others Vs D. D. Sadhotra and others 2024 LiveLaw (JKL) 78

The Jammu and Kashmir Bank Ltd Vs Golden Globe Impex Private Limited 2024 LiveLaw (JKL) 79

Bashir Ahmed Naik Vs UT of J&K 2024 LiveLaw (JKL) 80

Judgments/Orders:

Before Solely Relying On Statement Of Prosecutrix, Court Must Ensure Other Supporting Evidence Consistently Matches With Statement: J&K High Court

Case Title: UT Of J&K Vs Shabir Ahmad Dar

Citation: 2024 LiveLaw (JKL) 70

Highlighting the stricter criteria for relying solely on the testimony of a prosecutrix (victim) in rape cases the Jammu and Kashmir and Ladakh High Court ruled that before reliance can be placed upon the solitary statement of the prosecutrix, it must be ensured that her statement leaves no room for doubt regarding the factum of occurrence.

Workmen's Compensation Act | Eligibility For Claim In Case Of Death Depends On Ability To Prove Accident Arose Out Of & In Course Of Employment: J&K High Court

Case Title: National Insurance Co. Vs Rakesh Kumar Sharma

Citation: 2024 LiveLaw (JKL) 71

Delineating the critical importance of establishing a causal connection between accidents and employment in workmen's compensation claims the Jammu and Kashmir and Ladakh High Court ruled that in case of an employee's death, claimants must demonstrate a clear link between the accident and the course of employment to be eligible for compensation under Section 3 of the Workmen Compensation Act, 1923.

J&K Migrant Immovable Property Act 1997 | Possession Must Be Surrendered Before Appealing Eviction Order: High Court

Case Title: LYCEUM PUBLIC SCHOOL Vs UT OF J&K

Citation: 2024 LiveLaw (JKL) 72

Underscoring the critical requirement of surrendering possession in appeals related to the J&K Migrant Immovable Property Act the Jammu and Kashmir and Ladakh High Court said that surrendering possession of disputed properties is indispensable for appealing eviction orders.

Citing Sec 7 of the Act Justice Rajnesh Oswal emphasised,

“The perusal of Section 7 (supra), would reveal that surrender of possession of the property, which is the subject matter of appeal, is sine quo non for the purpose of entertaining an appeal against an order of eviction”.

Leasehold Interest In Land Is An Asset Of Company And Is Capable Of Valuation: Jammu & Kashmir High Court

Case Title: Principal Commissioner of Income Tax Versus Dr. Karan Singh

Citation: 2024 LiveLaw (JKL) 73

The Jammu & Kashmir High Court held that leasehold interest in the land is an asset of the company and is capable of valuation.

The bench of Justice Tashi Rabstan and Justice Puneet Gupta has upheld the order of the Tribunal in which it was held that leasehold interest is to be included in the value of assets of M/s. Jyoti Private Limited so as to determine the fair market value of shares held by the assessee as well as other shareholders.

Not Detenue's Burden To Correct Typographical Error In FIR: J&K High Court Quashes Detention Order Due to Lapses By Authorities

Case Title: Abdul Qayoom Ganaie Vs UT of J&K

Citation: 2024 LiveLaw (JKL) 74

Highlighting the importance of due diligence by authorities, the Jammu and Kashmir and Ladakh High Court quashed the detention order of a resident of Baramulla, Kashmir. A bench of Justice Rahul Bharti found several lapses by the authorities, including a critical mistake in the FIR reference, which rendered the detention order unsustainable.

Casual Labourers Have Intermittent And Sporadic Employment Whereas Daily Wagers Render Continuous Service: Jammu & Kashmir High Court

Case Title: Ghar Singh vs University of Jammu & Ors

Citation: 2024 LiveLaw (JKL) 75

A single judge bench of the Jammu & Kashmir High Court comprising of Justice Sanjeev Kumar while deciding a Civil Writ Petition in the case of Ghar Singh vs University of Jammu & Ors held that a Casual Labourer is labour whose employment is intermittent and sporadic, where as a Daily Wager renders continuous service and is paid on a daily basis.

"Reasons Are Heartbeat Of Every Conclusion": J&K High Court Quashes Order Lacking Reasons For Condonement Of Delay

Case Title: Balbir Singh Vs UT of J&K

Citation: 2024 LiveLaw (JKL) 76

The Jammu and Kashmir and Ladakh High Court reiterated the fundamental principle that reasons form the bedrock of sound judicial decisions.

A bench of Justice Javed Iqbal Wani emphasised that reasons are the heartbeat of every conclusion and struck down an order that failed to explain the rationale behind condoning a significant delay in an appeal.

Inquiry Not A Choice, Authorities Must Record Reasons For Skipping It Before Dismissing Employees: J&K High Court

Case Title: Abdul Hamid Sheikh Vs UT Of J&K

Citation: 2024 LiveLaw (JKL) 77

The Jammu and Kashmir and Ladakh High Court ruled that authorities cannot dismiss a government employee without recording valid reasons for bypassing a departmental inquiry.

In allowing an appeal from a cop against his orders of termination without due process Justices Rajnesh Oswal & Moksha Khajuria Kazmi observed,

“..the competent authority can dispense with the inquiry but after recording satisfaction that there are sufficient reasons which make the holding of an enquiry not practicable. So far as the present case is concerned, the respondent No.3 has miserably failed to record its satisfaction that holding of an enquiry is not practicable due to certain circumstances”.

Right To Sue For Malicious Prosecution Is Personal Injury, Cannot Be Enforced By Person's Legal Heirs: J&K High Court

Case Title: Krishan Gupta and others Vs D. D. Sadhotra and others

Citation: 2024 LiveLaw (JKL) 78

The Jammu and Kashmir and Ladakh High Court ruled that the right to sue for damages for malicious prosecution is a personal injury and cannot be enforced by a person's legal heirs against the representatives of the one who initiated the malicious prosecution.

[O.38 R.5 CPC] Plaintiff Can't Use Provision As Tool For Coercion Or Easy Execution Of Decrees: J&K High Court

Case Title: The Jammu and Kashmir Bank Ltd Vs Golden Globe Impex Private Limited

Citation: 2024 LiveLaw (JKL) 79

The Jammu and Kashmir and Ladakh High Court recently cautioned against using Order 38 Rule 5 of the Civil Procedure Code (CPC) as a tool to coerce defendants or convert unsecured debts into secured ones.

In a judgment passed by Justice Javed Iqbal Wani, the court emphasized that this provision is an extraordinary remedy that should be exercised sparingly and strictly in accordance with the law.

District Magistrate Who Is Empowered To Issue Detention Order Can Also Revoke It Before Govt Approval: J&K High Court

Case Title: Bashir Ahmed Naik Vs UT of J&K

Citation: 2024 LiveLaw (JKL) 80

The Jammu and Kashmir and Ladakh High Court ruled that a District Magistrate has the authority to revoke a detention order passed under the Jammu and Kashmir Public Safety Act (PSA) until it is approved by the government.