Jammu & Kashmir And Ladakh High Court Weekly Round-Up: November 11 To 17th, 2024

Mohd Latif Vs UT Of J&K 2024 LiveLaw (JKL) 304

Afrooza & Anr Vs Mohammad Aslam Dar 2024 LiveLaw (JKL) 305

UT Of J&K Vs Sajad Ahmad Shah & Anr 2024 LiveLaw (JKL) 306

Taxi Sumo Stand No 1 Vs UT Of J&K 2024 LiveLaw (JKL) 307

Balwant Singh Vs State of J&K 2024 LiveLaw (JKL) 308

State Of J&K Vs Abid Hussain 2024 LiveLaw (JKL) 309

Chander Prabha Vs UT Of J&K 2024 LiveLaw (JKL) 310

Judgments/Orders:

Power To Attest/Annul Mutation Is Quasi-Judicial, Natural Justice Must Be Adhered To While Invoking It: J&K High Court

Case Title: Mohd Latif Vs UT Of J&K

Citation: 2024 LiveLaw (JKL) 304

The Jammu and Kashmir and Ladakh High Court emphasized that the authority to attest or annul a mutation is quasi-judicial in nature. Such authority, vested in Revenue Officers, must be exercised in strict compliance with the J&K Land Revenue Act, ensuring an opportunity for the affected parties to be heard in line with natural justice principles, the court underscored.

Family Courts Must Strive For Settlement With Balanced Approach, Avoid Procrastination & Haste: J&K High Court

Case Title: Afrooza & Anr Vs Mohammad Aslam Dar

Citation: 2024 LiveLaw (JKL) 305

The Jammu and Kashmir and Ladakh High Court emphasized the role of family courts under the Family Courts Act, 1984, asserting that these courts must strive to mediate and help the parties reach a fair settlement.

While adjudicating upon a matter under the Act a bench of Justice Javed Iqbal Wani underscored that family courts are equipped to follow procedures they deem suitable to encourage amicable resolution, balancing swift action with thoughtful deliberation in family disputes. Sensitivity to the parties' circumstances is paramount, as per the Act, reflecting its core objective of fair and compassionate adjudication, he stressed.

J&K CSR | Absence From Duty Regardless Of Duration Does Not Mean Automatic Job Termination, Right To Hearing Is Essential: High Court

Case Title: UT Of J&K Vs Sajad Ahmad Shah & Anr

Citation: 2024 LiveLaw (JKL) 306

The High Court of Jammu and Kashmir and Ladakh underscored the right to a hearing for employees who are absent from duty, ruling that absence, irrespective of duration, does not automatically end employment.

A bench of Justices Sanjeev Kumar and Rajesh Sekhri cited Regulation 113 of J&K Civil Service Regulation (CSR) and observed,

“Absence from duty, howsoever long, cannot result in automatic cessation of employment. In all such cases, the person concerned has to be given an opportunity of hearing and depending on the nature of defence taken by him, further action should be taken”

Sites Intended To Function As Bus Or Taxi Stands Must Be Officially Notified By Govt After Consulting Local Authorities: J&K High Court

Case Title: Taxi Sumo Stand No 1 Vs UT Of J&K

Citation: 2024 LiveLaw (JKL) 307

The Jammu and Kashmir and Ladakh High Court reiterated that any site intended to function as a bus or taxi stand must be officially notified by the government or an authorized officer, who is required to consult local authorities beforehand.

A Division bench of Justices Sanjeev Kumar and Rajesh Sekhri underscored that if the proposed stand falls within the jurisdiction of a local body, such as a municipal council, the consent of that authority is mandatory before designating the location as a stand for contract carriages.

Statements In Newspapers Are Merely Hearsay & Cannot Serve As Proven Facts Unless Corroborated By Author: J&K High Court

Case Title: Balwant Singh Vs State of J&K

Citation: 2024 LiveLaw (JKL) 308

The Jammu and Kashmir and Ladakh High Court ruled that statements in newspapers are merely hearsay and cannot serve as proven facts unless corroborated by the author.

A bench of Justice Sanjay Dhar observed,

“The assertion made in a newspaper cannot be treated as proved facts reported therein. A statement of fact contained in a newspaper is merely hearsay and, in the absence of statement of the maker of the news report, the same cannot be relied upon as a proved fact”

HC Has Duty To Maintain Accurate Records Within Its Jurisdiction To Ensure Justice Prevails In Accordance With Law: J&K High Court

Case Title: State Of J&K Vs Abid Hussain

Citation: 2024 LiveLaw (JKL) 309

Reiterating that the High Court, as a court of record, derives its power to review judgments under Article 215 of the Constitution of India the Jammu and Kashmir and Ladakh High Court emphasized its obligation and duty to maintain accurate records within its jurisdiction, ensuring justice prevails in accordance with the law.

Alteration Of Settlement Records Impermissible Unless Registered Instrument Is Produced Before Relevant Officer Or Court: J&K High Court

Case Title: Chander Prabha Vs UT Of J&K

Citation: 2024 LiveLaw (JKL) 310

Reiterating that a transfer of immovable property cannot be deemed valid unless it is executed in writing and registered as per the provisions of the Registration Act the Jammu and Kashmir and Ladakh High Court emphasized that the alteration of settlement records is impermissible unless a registered instrument is produced before the relevant Revenue or Settlement Officer or Court.