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Jammu & Kashmir And Ladakh High Court Weekly Roundup: August 5 - August 11, 2024
LIVELAW NEWS NETWORK
2 Sep 2024 6:45 AM GMT
Nominal Index [Citations 219 - 229]:Nazir Ahmad Mir Vs State of J&K 2024 LiveLaw (JKL) 219Abdul Qayoom Mugloo Vs Irfana & Ors 2024 LiveLaw (JKL) 220Bashir Ahmad Sheikh Vs Mehran Ibn Bashir and Ors 2024 LiveLaw (JKL) 221R6 Technologies Private Vs UT of J&K 2024 LiveLaw (JKL) 222Abrar Ahmad Tantray Versus State of J&K 2024 LiveLaw (JKL) 223Gautam Anand Vs Union Of India 2024...
Nominal Index [Citations 219 - 229]:
Nazir Ahmad Mir Vs State of J&K 2024 LiveLaw (JKL) 219
Abdul Qayoom Mugloo Vs Irfana & Ors 2024 LiveLaw (JKL) 220
Bashir Ahmad Sheikh Vs Mehran Ibn Bashir and Ors 2024 LiveLaw (JKL) 221
R6 Technologies Private Vs UT of J&K 2024 LiveLaw (JKL) 222
Abrar Ahmad Tantray Versus State of J&K 2024 LiveLaw (JKL) 223
Gautam Anand Vs Union Of India 2024 LiveLaw (JKL) 224
Dr Afaq Ahmad Khan Vs UT of J&K 2024 LiveLaw (JKL) 225
Hem Raj Vs UT of J&K & Ors 2024 LiveLaw (JKL) 226
Gourav Khajuria Vs UT of J&K 2024 LiveLaw (JKL) 227
National Investigation Agency Vs Abid Mushtaq Mir 2024 LiveLaw (JKL) 229
Judgments/Orders:
Case Title: Nazir Ahmad Mir Vs State of J&K
Citation: 2024 LiveLaw (JKL) 219
Underscoring the importance of a robust dialogue between the accused and the court during a criminal trial the Jammu and Kashmir and Ladakh High Court emphasised that the non-compliance with JSection 342 (Pari Materia with Sec 313 of CrPC 1973) of the Criminal Procedure Code (CrPC) had prejudiced the accused and necessitated a retrial.
Case Title: Abdul Qayoom Mugloo Vs Irfana & Ors
Citation: 2024 LiveLaw (JKL) 220
The Jammu & Kashmir and Ladakh High Court ruled that a domestic relationship under the Domestic Violence Act (DV Act), can be established through past cohabitation, and current cohabitation is not a requirement for the same.
Case Title: Bashir Ahmad Sheikh Vs Mehran Ibn Bashir and Ors
Citation: 2024 LiveLaw (JKL) 221
The Jammu & Kashmir and Ladakh High Court ruled that a father is obligated to maintain his children, even if the mother is employed, reaffirming that a father's financial responsibilities towards his children remain intact irrespective of the mother's employment status.
Case Title: R6 Technologies Private Vs UT of J&K
Citation: 2024 LiveLaw (JKL) 222
The Jammu and Kashmir and Ladakh High Court dismissed a challenge to the Rooftop Solar Schemes (RTS) tender process. In a strong rebuke, the court rejected claims made by unsuccessful bidders who had exaggerated minor technical or procedural issues to justify judicial intervention.
Case Title: Abrar Ahmad Tantray Versus State of J&K
Citation: 2024 LiveLaw (JKL) 223
The Jammu and Kashmir High Court reinforced the doctrine of strict liability in a ruling, emphasizing that enterprises engaging in hazardous or inherently dangerous activities are “strictly and absolutely” liable to compensate individuals harmed by accidents resulting from such activities.
Case Title: Gautam Anand Vs Union Of India
Citation: 2024 LiveLaw (JKL) 224
The Jammu and Kashmir and Ladakh High Court dismissed a Public Interest Litigation (PIL) alleging the encroachment of land belonging to ancient Hindu temples by the mafia and other property dealers.
Case Title: Dr Afaq Ahmad Khan Vs UT of J&K
Citation: 2024 LiveLaw (JKL) 225
The Jammu and Kashmir and Ladakh High Court ruled that a direct recruit whose appointment is delayed due to departmental laches cannot be denied retrospective appointment or promotion eligibility from the date on which other candidates from the same selection process were appointed.
Case Title: Hem Raj Vs UT of J&K & Ors
Citation: 2024 LiveLaw (JKL) 226
Underlining a crucial procedural requirement regarding time-barred appeals, the High Court of Jammu and Kashmir and Ladakh maintained that appellate authorities must first adjudicate applications for condonation of delay before addressing the merits of a time-barred appeal or the operation of an impugned order.
Case Title: Gourav Khajuria Vs UT of J&K
Citation :2024 LiveLaw (JKL) 227
The Jammu and Kashmir and Ladakh High Court emphasized that the degree of evidence required to justify preventive detention under the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1998 (PITNDPS Act), is considerably lower than what might be needed under other detention laws.
The Jammu and Kashmir and Ladakh High Court on provided interim relief to over 150 private schools in the region. These schools had challenged a government order, S.O. 177 of 2022, which mandated obtaining a No Objection Certificate (NOC) from the Revenue Department to verify the legal status of the land used for educational purposes.
Case Title: National Investigation Agency Vs Abid Mushtaq Mir
Citation: 2024 LiveLaw (JKL) 229
Upholding the jurisdiction of the Children's Court to try cases under the Unlawful Activities Prevention Act (UAPA), along with other laws, the Jammu and Kashmir and Ladakh High Court asserted that the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2015 [JJ Act] override all other statutes where a child in-conflict-with law is involved.