Nominal Index:

Seema Phull and another Naina Sodi and others Vs United India Insurance Company and another 2023 LiveLaw (JKL) 117

Union Of India Vs Madan Lal & Ors 2023 LiveLaw (JKL) 118

Bachan Lal. Vs J&K Special Tribunal 2023 LiveLaw (JKL) 119

Nissar Ahmad Shah Vs Union of India & Ors 2023 LiveLaw (JKL) 120

Abdul Aziz Bhat & Ors Vs Hilal Ahmad Bhat 2023 LiveLaw (JKL) 121

National India Insurance Vs Jagjeet Singh 2023 LiveLaw (JKL) 122

Nazir Ahmad Ganai Vs State of J&K 2023 LiveLaw (JKL) 123

Showkat Ahmad Bhat Vs UT of J&K 2023 LiveLaw (JKL) 124

Wajid Ali Vs UT of J&K 2023 LiveLaw (JKL) 125

UT of J&K and others Vs Shabir Ahmad Dar and others 2023 LiveLaw (JKL) 126

Judgments/Orders:

Jammu & Kashmir High Court Directs Motor Accident Tribunal To Decide Claim Filed By Dependants Of Judge Shot Dead By Militants In 2001

Case Title: Seema Phull and another Naina Sodi and others Vs United India Insurance Company and another

Citation: 2023 LiveLaw (JKL) 117

The Jammu and Kashmir and Ladakh High Court directed a Motor Accident Claims Tribunal to decide the petition moved by the dependants of a Judge, who was shot dead in his car by militants, while travelling to his hometown.

At the outset, Justice Sanjay Dhar observed that even when the vehicle is immobile, it cannot be stated the motor vehicle was not in use and an accident which arises at a time when the vehicle is not mobile, can well be termed as an "accident arising out of use of motor vehicle".

[Land Acquisition] Reference To Market Value Of Small Plots Not Always Reliable, But May Be Referred In Absence Of Other Material: Jammu & Kashmir HC

Case Title: Union Of India Vs Madan Lal & Ors.

Citation: 2023 LiveLaw (JKL) 118

The Jammu and Kashmir and Ladakh High Court ruled that in determining the market value of a large piece of land proposed for acquisition, it may not be safe to rely solely on the rate at which small parcels of land adjacent to it are sold.

However, the court reiterated that this cannot be an absolute rule as in cases where there is no other material available, the court may compare prices paid for small plots of land to arrive at a fair market value and this approach should not be dismissed outright.

Allotment Under Evacuees’ Property Act Confers Only Temporary Right Of Use, Not Title Or Interest: Jammu & Kashmir High Court

Case Title: Bachan Lal. Vs J&K Special Tribunal

Citation: 2023 LiveLaw (JKL) 119

The Jammu and Kashmir and Ladakh High Court ruled that allotment under the Evacuees’ Property Act is a temporary right of use and occupation of any immovable property and it neither confers any right nor title or interest over the allottee.

A single bench of Justice Rajesh Sekhri while referring to a full Bench judgment in Shamsher Singh v. Dy. Custodian 1973 General reiterated,

"Allotment is a mere license, which is revocable by the concerned authorities under certain conditions. It neither confers ownership nor interest in the land. The interest of an allottee arises only by statutory grant to displaced persons, which is not amenable to acquisition or alienation in any normal modes by way of sale, gift, mortgage or will".

Jammu & Kashmir High Court Rejects CRPF Constable's Plea Against Termination Citing Inordinate Delay, Questions His Suitability For Disciplined Force

Case Title: Nissar Ahmad Shah Vs Union of India & Ors.

Citation: 2023 LiveLaw (JKL) 120

The Jammu and Kashmir and Ladakh High Court upheld the termination of a CRPF Constable stating that his inability to justify the six-year delay in challenging his termination order raises concerns about his efficiency to serve in a disciplined force.

A single bench of Justice Moksha Kazmi Khajuria observed,

"The petitioner was supposed to challenge the termination order of 2001 at least after the same was provided to him by this court; the petitioner slept over the matter, remained in deep slumber’s for about six years and filed this petition on the basis of the documents without any number, date or receipt...The doctrine of delay and latches is not to be taken so lightly when the petitioner has miserably failed to explain as to why he could not approach this Court after the termination order was furnished to him."

Court Not Having Territorial Jurisdiction Cannot Hear Application For Amendment Of Plaint To Acquire Jurisdiction: Jammu & Kashmir High Court

Case Title: Abdul Aziz Bhat & Ors Vs Hilal Ahmad Bhat.

Citation: 2023 LiveLaw (JKL) 121

The Jammu and Kashmir and Ladakh High Court ruled that when the court lacks territorial jurisdiction, it cannot entertain an application for amendment of a plaint, which amendment would vest territorial jurisdiction in the court.

A single bench of Justice Wasim Sadiq Nargal observed,

"The courts have to examine the plaint as existing and come to the conclusion whether it discloses the court to be having territorial jurisdiction or not; if the averments contained in the plaint as existing does not disclose the court to be having territorial jurisdiction and amendment is sought to vest territorial jurisdiction in the court , then the only option for the court is to return the plaint and the court will have no jurisdiction to even consider the application for amendment of the plaint".

Drivers With Heavy Goods Vehicle Licenses Can Also Drive Passenger Carrying Vehicles: Jammu & Kashmir High Court

Case Title: National India Insurance Vs Jagjeet Singh

Citation: 2023 LiveLaw (JKL) 122

The Jammu & Kashmir and Ladakh High Court ruled that individuals possessing a driving license for a specific type of commercial vehicle are deemed qualified to drive any other type of commercial vehicle as well.

A single bench of Justice Sanjay Dhar observed,

"Any person who was holding a driving license authorizes him to drive a particular type of commercial vehicle would automatically be eligible to drive any other type of commercial vehicle, meaning thereby that a driver holding a driving license to drive a heavy goods vehicle would be competent to drive a passenger carrying vehicle,".

Mere Protraction Of Trial Or Delay In Hearing Of Appeal By Itself Not Ground To Reduce Sentence: Jammu & Kashmir High Court

Case Title: Nazir Ahmad Ganai Vs State of J&K.

Citation: 2023 LiveLaw (JKL) 123

The Jammu and Kashmir and Ladakh High Court has observed mere protraction of trial or delay in deciding the appeal cannot be considered as a valid reason for reducing the sentence, especially when the appellant has been granted interim bail during the appeal process.

Grounds In Detention Order Quashed By Writ Court Can't Be Considered While Passing Fresh Detention Order: Jammu & Kashmir High Court

Case Title: Showkat Ahmad Bhat Vs UT of J&K

Citation: 2023 LiveLaw (JKL) 124

The Jammu and Kashmir and Ladakh High ruled that when a Court quashes a detention order using a high prerogative writ, the grounds of the previous order should not be considered, either in whole or in part, when determining new grounds for detention. This is because when the Court strikes down an earlier order with a writ, it renders the entire order null and void, it clarified.

J&K Civil Service Regulation | Suspension Period Of Fully Exonerated Govt Servant Has To Be Treated As Time 'On Duty': Jammu & Kashmir High Court

Case Title: Wajid Ali Vs UT of J&K

Citation: 2023 LiveLaw (JKL) 125

Clarifying the mandate of Article 108-B of the Jammu and Kashmir Civil Service Regulation, the Jammu and Kashmir and Ladakh High Court observed when a Government servant is completely cleared of any wrongdoing, they are entitled to receive full pay and allowances as if they had never been dismissed, removed, compulsorily retired, or suspended. In such cases, the period of absence from duty is treated as time spent on duty, the court held.

Summary Suit | Invoices/ Bills Are “Written Contracts” Within Order 37 CPC: Jammu & Kashmir High Court

Case Title: UT of J&K and others Vs Shabir Ahmad Dar and others

Citation: 2023 LiveLaw (JKL) 126

The Jammu and Kashmir and Ladakh High Court clarified that invoices/bills amount to “written contracts” within the contemplation of Order 37 of the CPC to initiate a summary suit.