Jammu & Kashmir And Ladakh High Court Weekly Roundup: September 11 - September 17, 2023

Sajad Ahmad Mir V/s Mukhtair ul Qadir 2023 LiveLaw (JKL) 245

Mohammad Rafiq Mir Vs Mohamad Bhat 2023 LiveLaw (JKL) 246

Intizamiya Committee Dargah and Anr v. Union Territory of J&K and Ors 2023 LiveLaw (JKL) 247

Nikhil Sharma Vs State of J&K and others 2023 LiveLaw (JKL) 248

Abdul Rashid Dar vs. UT Of J&K 2023 LiveLaw (JKL) 249

Brij Mohan Sawney Vs Sanjeev Kumar Gupta 2023 LiveLaw (JKL) 250

Judgments/Orders:

Issuance Of Process Must Reflect Application Of Mind, Can't Simply Fill Blank Spaces In Printed Proforma: Jammu & Kashmir High Court

Case Title: Sajad Ahmad Mir V/s Mukhtair ul Qadir

Citation: 2023 LiveLaw (JKL) 245

The Jammu and Kashmir and Ladakh High Court deprecated the practice of issuance of process on printed proforma by filling blank spaces.

Bench of Justice Rajnesh Oswal reasoned that issuance of process is a serious matter and it must reflect the application of mind on the part of the concerned Magistrate though it is not incumbent upon the Magistrate to explicitly state the reasons for issuance of process.

CPC | Not Necessary To Assess Legality Of Underlying Circumstances While Allowing Amendment To Plaints: J&K High Court

Case Title: Mohammad Rafiq Mir Vs Mohamad Bhat

Citation: 2023 LiveLaw (JKL) 246

The Jammu and Kashmir and Ladakh High Court emphasised that when permitting amendments of plants under Order VI Rule 17 CPC, courts are not obligated to delve into the legality or illegality of the circumstances that prompted the amendment.

Justice Puneet Gupta added that the order sought to be included in the amended pleadings was a matter for a forum other than the civil court.

Govt Notifications That Create, Extinguish Rights Should Be Published In Govt Gazette Unlike Those Declaring Existing Facts: J&K High Court

Case Title: Intizamiya Committee Dargah and Anr v. Union Territory of J&K and Ors.

Citation: 2023 LiveLaw (JKL) 247

The Jammu and Kashmir and Ladakh High Court held that while government notifications that create or extinguish rights and liabilities require mandatory publication in the Government Gazette, those that inform the public about existing facts can be deemed as directory in nature.

A bench of Justice Javed Iqbal Wani was hearing a petition challenging the takeover of a religious site Ziyarat Sharief Syed Khazir Sahab by the Jammu and Kashmir Wakaf Board.

No Father Would Falsely Accuse An Innocent Person Of Committing Rape On Mentally Unsound Minor Daughter: Jammu & Kashmir High Court

Case Title: Nikhil Sharma Vs State of J&K and others

Citation: 2023 LiveLaw (JKL) 248

The Jammu and Kashmir and Ladakh High Court upheld a rape conviction on the testimony of the father of the mentally unsound daughter observing that no father would falsely implicate an innocent person for such an offence.

A bench of Justices Rajnesh Oswal and Moksha Khajuria Kazmi was hearing an appeal against the judgment passed by the Additional Sessions Judge which convicted the appellant for the commission of offences under Sections 363 and 376 RPC.

Court Not Barred From Assessing Detention Orders If Unjust Detention Suspected: Jammu & Kashmir High Court

Case Title: Abdul Rashid Dar vs. UT Of J&K

Citation: 2023 LiveLaw (JKL) 249

The Jammu and Kashmir and Ladakh High Court quashed a detention order observing that while the Court does not engage in evaluating the detention order as in an appellate process, it does not imply that the Court is entirely precluded from scrutinizing the detention order.

Justice Puneet Gupta added that if it finds that the order is merely a facade designed to unjustly detain an individual, the Court is duty-bound to intervene, as safeguarding the liberty of the detainee is of paramount importance.

J&K Arbitration And Conciliation Act | Filing Application U/S 5 Not Bar To Referral For Arbitration U/S 8(1): High Court

Case Title: Brij Mohan Sawney Vs Sanjeev Kumar Gupta

Citation: 2023 LiveLaw (JKL) 250

The Jammu and Kashmir and Ladakh High Court clarified that filing of the application under Section 5 of the Jammu and Kashmir Arbitration and Conciliation Act, 1997 cannot be construed as a submission of statement of the substance of the dispute within the meaning of Section 8(1) of the Act to create a legal bar in referring the matter to an arbitrator