Jammu and Kashmir and Ladakh High Court Weekly Roundup May 27 - June 2, 2024

Bhajan Singh Vs State Of J&K 2024 LiveLaw (JKL) 129

ABDUL QADIR BHAT AND ANOTHER Vs M/S SHRI RAM TRANSPORT FINANCE Co.Ltd 2024 LiveLaw (JKL) 130

Abdul Rashid Zargar Vs Union Territory of J&K & Ors 2024 LiveLaw (JKL) 131

WASEEM AHAD AND OTHERS Vs UT Of J&K 2024 LiveLaw (JKL) 132

Mohammad Rafiq Rather Vs Sara Banoo 2024 LiveLaw (JKL) 133

WASEEM AKRAM & ANR Vs UT OF J&K AND ANR 2024 LiveLaw (JKL) 134

MUDASIR AHMAD DAR Vs. MST.MASHOOKA AND ANOTHER 2024 LiveLaw (JKL) 135

Updesh Kour Vs State of J&K 2024 LiveLaw (JKL) 136

Ghulam Mohi-ud-Din Lone Vs UT of J&K 2024 LiveLaw (JKL) 137

Chaman Lal Vs Sh. Mohd Sharief 2024 LiveLaw (JKL) 138

Roop Singh Vs Pritam Singh 2024 LiveLaw (JKL) 139

Khursheed Ahmad Lone v. Union Territory 2024 LiveLaw (JKL) 140

Qurat-ul-ain Vs UT of J&K 2024 LiveLaw (JKL) 141

Judgments/Orders:

Absence Of Motive Becomes Less Significant When Prosecution Relies On Strong Eyewitness Account: J&K High Court

Case Title: Bhajan Singh Vs State Of J&K

Citation: 2024 LiveLaw (JKL) 129

Underscoring the principle that the absence of a proven motive can be inconsequential if the eyewitness testimony is credible the Jammu and Kashmir and Ladakh High Court clarified that the absence of motive becomes less significant when the prosecution relies on a strong eyewitness account.

First Court Holds Exclusive Jurisdiction Over Subsequent Arbitral Proceedings Under S.40 Of Arbitration & Conciliation Act: J&K High Court

Case Title: ABDUL QADIR BHAT AND ANOTHER Vs M/S SHRI RAM TRANSPORT FINANCE Co.Ltd.

Citation: 2024 LiveLaw (JKL) 130

Clarifying the scope of Section 42 of the Arbitration and Conciliation Act, 1996 the Jammu and Kashmir and Ladakh High Court ruled that once an application concerning an arbitration agreement under Part I of the Act has been submitted before a court, that court exclusively possesses jurisdiction over all ensuing arbitral proceedings and related applications.

Lessee Cannot Be Allowed To Accept Beneficial Terms & Conditions Of Lease While Avoiding Terms Which Are Against His Interests: J&K High Court

Case Title: Abdul Rashid Zargar Vs Union Territory of J&K & Ors

Citation: 2024 LiveLaw (JKL) 131

Ruling against the selective acceptance of lease conditions by lessees the Jammu and Kashmir and Ladakh High Court ruled that a lessee cannot selectively accept only the favourable terms and conditions of a lease while rejecting the unfavorable ones.

“No Justification In Withholding Any Part Of Salary”: J&K High Court Directs Release Of Withheld Salaries For EDI Employees

Case Title: WASEEM AHAD AND OTHERS Vs UT Of J&K

Citation: 2024 LiveLaw (JKL) 132

Directing the release of withheld salaries of employees of the Jammu & Kashmir Entrepreneurship Development Institute (JKEDI) the Jammu and Kashmir and Ladakh High Court ruled that allegations of irregularities in appointment or promotion cannot be a reason for withholding salaries of employees.

Every Erroneous Decision By Lower Court Not Amenable To Writ Of Certiorari, Only Patent Errors Can Be Corrected: J&K High Court

Case Title: Mohammad Rafiq Rather Vs Sara Banoo

Citation: 2024 LiveLaw (JKL) 133

Underscoring the principle that every erroneous decision by a lower court cannot be challenged under Article 227 of the Constitution, the Jammu and Kashmir and Ladakh High Court clarified that this provision is meant to rectify only glaring errors apparent on the face of the record, not mistakes in factual assessment or legal interpretation.

FIR Can Be Elaborated Upon By Informant But Cannot Be Used To Create Fresh Charges Against Accused: J&K High Court Grants Bail To In-Laws Accused Of Gang Rape

Case Title: WASEEM AKRAM & ANR Vs UT OF J&K AND ANR

Citation: 2024 LiveLaw (JKL) 134

The Jammu and Kashmir and Ladakh High Court granted bail to two men accused of gangrape, observing that the initial complaint in the First Information Report (FIR) can be elaborated upon by the informant, but this cannot be used to introduce new accusations or entirely new offenses against the accused.

Criminal Court Can Review Its Own Order At Notice Stage Under Domestic Violence Act: J&K High Court

Case Title: MUDASIR AHMAD DAR Vs. MST.MASHOOKA AND ANOTHER

Citation: 2024 LiveLaw (JKL) 135

The High Court of Jammu and Kashmir and Ladakh clarified that the bar on a criminal court to review its own order does not apply at the stage when a notice is issued under Section 12 of the Protection of Women from Domestic Violence Act, 2005.

J&K Land Revenue Act | Special Remedy U/S 121 Doesn't Extinguish Financial Commissioner's Power To Correct Mutation Errors Under Section 15: High Court

Case Title: Updesh Kour Vs State of J&K

Citation: 2024 LiveLaw (JKL) 136

Affirming the broad revisional powers of the Financial Commissioner under Section 15 of the J&K Land Revenue Act 1996 the Jammu and Kashmir and Ladakh High Court clarified that the existence of a special remedy under Section 121 does not exclude the general revisional powers under Section 15.

Courts Can Scrutinise Grounds Of Detention To Ascertain Prima Facie Connection Between Grounds & Purpose Of Detention Order: J&K High Court

Case Title: Ghulam Mohi-ud-Din Lone Vs UT of J&K

Citation: 2024 LiveLaw (JKL) 137

Asserting that Courts are not barred from examining the grounds of detention, the Jammu and Kashmir and Ladakh High Court ruled that the Court has the authority to examine the grounds for detention and ensure a prima facie connection between the grounds and the purpose of the detention order.

O.8 R.1 CPC | Right Accruing In Favor Of Plaintiff Due To Non-Filing Of Written Statement Within Stipulated Time Can Be Waived: J&K High Court

Case Title: Chaman Lal Vs Sh. Mohd Sharief

Citation: 2024 LiveLaw (JKL) 138

The Jammu and Kashmir and Ladakh High Court ruled that a plaintiff can waive the right to take advantage of a defendant's failure to file a written statement within the stipulated time.

Claimant Must Prove Subsisting Pre-Emption Right Until Passing Of Decree, In Any Other Cases Such Right Cannot Be Said To Subsist: J&K High Court

Case Title: Roop Singh Vs Pritam Singh

Citation: 2024 LiveLaw (JKL) 139

Dismissing an appeal filed by a co-owner of land seeking pre-emption rights over the sale of the property by another co-owner the Jammu and Kashmir and Ladakh High Court observed that a claimant must possess a subsisting pre-emption right not only at the time of sale but also at the time of filing the suit and the passing of the decree by the trial court.

Prosecution Makes “Copy Paste” Arguments About National Security In UAPA Cases To Psychologically Influence Court: Jammu & Kashmir High Court

Case Title - Khursheed Ahmad Lone v. Union Territory

Citation: 2024 LiveLaw (JKL) 140

Justice Atul Sreedharan of the Jammu and Kashmir High Court cautioned against being unduly influenced by forceful submissions regarding internal security in the absence of judicially cognizable material against the accused.

“Voluntarily Participated In Selection Process”: J&K High Court Dismisses Plea Of Candidate Seeking Appointment Due To Lesser Applicants Than Advertised Posts

Case Title: Qurat-ul-ain Vs UT of J&K

Citation: 2024 LiveLaw (JKL) 141

Dismissing an appeal by a candidate who sought a direct appointment to the post of despite fewer applicants than advertised posts the Jammu and Kashmir and Ladakh High Court observed that since she gladly and voluntarily participated in the selection process, hence estopped from challenging the selection procedure.