Jammu and Kashmir and Ladakh High Court Weekly Roundup December 16 - December 22, 2024

Sardul Singh son of Joga Singh VS Davinder Kour wife of Gurinder Singh 2024 LiveLaw (JKL) 341

Vaishno Devi and ors Vs Commissioner Secy. to P.D.D. Department and ors 2024 LiveLaw (JKL) 342

Sat Paul Vs UT Of J&K 2024 LiveLaw (JKL) 343

UT Of J&K Vs Irfan Qayoom 2024 LiveLaw (JKL) 344

J&K Bank Vs Abdul Majeed Bhat 2024 LiveLaw (JKL) 345

Mohammad Subhan Shah Vs State Of J&K 2024 LiveLaw (JKL) 346

Judgments/Orders:

Domestic Violence Act Can Be Invoked For Past Domestic Relationships As Well: Jammu & Kashmir High Court

Case Title: Sardul Singh son of Joga Singh VS Davinder Kour wife of Gurinder Singh

Citation 2024 LiveLaw (JKL) 341

The Jammu & Kashmir High Court has held that the Protection of Women from Domestic Violence Act, 2005 (DV Act) can be invoked even in cases involving past domestic relationships where the parties have lived together in a shared household at any point in time.

Justice Sanjay Dhar clarified that the definition of "domestic relationship" under Section 2(f) of the DV Act is not confined to ongoing cohabitation but extends to relationships where shared residence existed previously.

J&K High Court Orders ₹11.63 Lakh Compensation To Family Of Electrician Electrocuted During Repair Work

Case Title: Vaishno Devi and ors Vs Commissioner Secy. to P.D.D. Department and ors.

Citation: 2024 LiveLaw (JKL) 342

Upholding the principle of respondeat superior, the Jammu and Kashmir and Ladakh High Court awarded ₹11.63 lakh as compensation to the family of an electrician who lost his life due to electrocution while conducting repairs on an 11 KV power line.

In allowing a compensation petition of the family of the deceased electrician Justice Javed Iqbal Wani observed,

“.. the petition succeeds and by issuance of writ of mandamus, the respondents are commanded to pay an amount of Rs. 11,63,000/- along with interest @7.5% per annum in favour of the petitioners from the date of filing of instant petition till the date of its actual payment”

Misconceived Consent Obtained On False Promise Of Marriage Constitutes Rape Under IPC: J&K High Court

Case Title: Sat Paul Vs UT Of J&K 2024 LiveLaw (JKL) 343

The Jammu and Kashmir and Ladakh High Court reiterated the legal principle that a promise to marry made with no intention of fulfillment, which induces consent for sexual intercourse, amounts to consent obtained under a misconception of fact. Such consent, the Court emphasised, cannot be excused under Section 90 of the Indian Penal Code (IPC) and can lead to a conviction for rape under Sections 375 and 376 IPC.

“Undermines Faith Of Common Man In Criminal Justice”: J&K High Court Calls For SITs To Address “Casual Probes” In NDPS Cases

Case Title: UT Of J&K Vs Irfan Qayoom

Citation: 2024 LiveLaw (JKL) 344

Emphasising the urgent need for specialized investigative teams to handle cases under the Narcotic Drugs and Psychotropic Substances (NDPS) Act the Jammu and Kashmir and Ladakh High Court observed that casual, unfair, and non-scientific investigations in NDPS cases creates a sense of insecurity and undermine the faith of the common man in the administration of the criminal justice.

Civil Courts Retain Exclusive Jurisdiction For Non-Industrial Disputes & Provide Alternative Remedies For Common Law Claims: J&K High Court

Case Title: J&K Bank Vs Abdul Majeed Bhat

Citation : 2024 LiveLaw (JKL) 345

The Jammu and Kashmir and Ladakh High Court held that if a dispute is not an industrial dispute nor relates to the enforcement of any rights under the Industrial Disputes Act (ID Act), the remedy lies exclusively in a civil court.

However, a bench of Justice Vinod Chatterji Koul clarified that if the dispute arises out of a right or liability under general or common law rather than the ID Act, the jurisdiction of the civil court becomes an alternative remedy, leaving the suitor the choice to pursue relief through either mechanism.

Proof Of Demand & Voluntary Acceptance Of Bribe Key For Conviction, Recovery Of Marked Currency Notes Not Sufficient: J&K High Court

Case Title: Mohammad Subhan Shah Vs State Of J&K

Citation: 2024 LiveLaw (JKL) 346

The Jammu and Kashmir and Ladakh High Court ruled that the recovery of marked currency notes or a positive hand wash test, without proof of demand and voluntary acceptance of a bribe, cannot sustain a conviction under anti-corruption laws.