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

MOHAMMAD SHAHBAZ MIR VS UNION OF INDIA 2024 LiveLaw (JKL) 175

Gorav Sayal Vs UT of J&K 2024 LiveLaw (JKL) 176

Ramtech Software Private Limited Vs Ut Of J&K And Another 2024 LiveLaw (JKL) 177

Manzoor Ahmad Yatoo Vs UT of J&K 2024 LiveLaw (JKL) 178

Bansi Lal Vs UT of J&K 2024 LiveLaw (JKL) 179

Mehraj ud din Andrabi Vs Zia Darakshan 2024 LiveLaw (JKL) 180

Judgments/Orders:

Employer Not Obligated To 'Launch Manhunt Across Globe For Absconding Employees': J&K High Court Upholds Dismissal Of CRPF Constable

Case Title: MOHAMMAD SHAHBAZ MIR VS UNION OF INDIA.

Citation: 2024 LiveLaw (JKL) 175

Emphasising that an employer is not expected to launch a manhunt for an absconding employee across the globe the Jammu and Kashmir and Ladakh High Court upheld the dismissal of a constable with the Central Reserve Police Force (CRPF), who had challenged his termination from service.

Case Diaries Must Be Made Available Immediately After Filing Bail Application To Facilitate Decisions From First Hearing Itself: J&K High Court

Case Title: Gorav Sayal Vs UT of J&K

Citation: 2024 LiveLaw (JKL) 176

The Jammu & Kashmir and Ladakh High Court emphasised that case diaries should be promptly available following the filing of bail applications to facilitate decisions on the first hearing itself.

Observing that bail applications should ideally be decided on the first date of hearing by this Court a bench of Justice Atul Sreedharan underscored,

“The same is possible only if the case diary is made available for the scrutiny by the Court on the very first date of hearing”.

Non-Response To Demands Invalidates Invocation of Mutual Negotiations Clause in Arbitration Agreements: Jammu & Kashmir High Court

Case Title: Ramtech Software Private Limited Vs Ut Of J&K And Another

Citation: 2024 LiveLaw (JKL) 177

The Jammu and Kashmir High Court bench of Chief Justice N. Kotiswar Singh held that if a party didn't respond to the demands and requests made by the other party, it can't invoke the part of the arbitration clause that such disputes and differences shall be an endeavoured to be resolved by mutual negotiations as a condition precedent for invoking the arbitration clause.

Authorities Obligated To Promptly Consider Detenu's Right To Representation Under Article 22 Of Indian Constitution: J&K High Court

Case Title: Manzoor Ahmad Yatoo Vs UT of J&K

Citation: 2024 LiveLaw (JKL) 178

Quashing a preventive detention order the Jammu and Kashmir and Ladakh High Court highlighted that the right to representation for a detenu is a guaranteed right under Article 22 of the Indian Constitution which imposes an obligation on authorities for its prompt consideration.

Delayed Trial, Violation Of Article 21 Rights: J&K High Court Grants Bail To Ex-Cop Accused Of Killing Man Falsely Projected As Terrorist

Case Title: Bansi Lal Vs UT of J&K

Citation: 2024 LiveLaw (JKL) 179

The Jammu and Kashmir and Ladakh High Court granted bail to Bansi Lal, a 56-year-old former police officer, who had been in judicial custody for almost 18 years.

The order, passed by Justice Atul Sreedharan, highlighted the prolonged delay in the trial, describing it as a clear violation of Article 21 of the Indian Constitution, which guarantees the right to a speedy trial.

Dismissal Of Complaint For Non-Prosecution Is Final Order, Magistrates Lack Inherent Powers To Restore Such Cases: J&K High Court

Case Title: Mehraj ud din Andrabi Vs Zia Darakshan

Citation: 2024 LiveLaw (JKL) 180

The High Court of Jammu & Kashmir and Ladakh asserted that a Magistrate cannot exercise inherent jurisdiction to restore a complaint once dismissed due to the complainant's non-appearance.

A bench comprising Justice Vinod Chatterji Koul has declared that such dismissals are final orders, emphasizing the absence of any provision in the Code of Criminal Procedure (Cr.P.C.) that confers this power on the Trial Court.