Jammu & Kashmir And Ladakh High Court Weekly Round-Up: July 10 To July 16

Nominal Index

Chand Devi Vs Sonam Choudhary 2023 LiveLaw (JKL) 177

United India Insurance Vs Sajjad Hussain 2023 LiveLaw (JKL) 178

National Insurance Company Ltd. thr. Its Divisional Manager and Anr Vs M/S Rash Builders Civil Contractors and Suppliers thr. its Manager 2023 LiveLaw (JKL) 179

Bilal Ahmad Ganaie Vs Sweety Rashid & Ors 2023 LiveLaw (JKL) 180

Abid Hussain Ganie Vs UT of J&K 2023 LiveLaw (JKL) 181

Abid Ahmad Ganai Vs UT of J&k & Ors 2023 LiveLaw (JKL) 182

Yatin Yadav Vs UT of J&K 2023 LiveLaw (JKL) 183

Judgements/Orders

J&K Hindu Succession Act | Will Can Be Executed In Favour Of Unrelated Person: High Court

Case Title: Chand Devi Vs Sonam Choudhary

Citation: 2023 LiveLaw (JKL) 177

The Jammu and Kashmir High Court made it clear that a Will under Section 27 of the Jammu and Kashmir Hindu Succession Act can be executed in favour of a person who is not even related to the executant.

A single bench of Justice Vinod Chaterjee Koul said Will is statutorily recognized mode of "alteration of natural line of succession" delineated by Hindu Succession Act without any prohibition, curbs, rider etc.

Insurer Bound By Contract Entered Into By Authorized Agent On Its Behalf, Premium Paid By Insured To Agent Binds Company: J&K High Court

Case Title: United India Insurance Vs Sajjad Hussain

Citation: 2023 LiveLaw (JKL) 178

Upholding the liability of an insurance company for compensation despite a dishonoured premium cheque, the Jammu and Kashmir & Ladakh High Court has recently ruled that that the insurance company cannot evade its responsibility if an authorized agent collects the premium in cash but issues a personal cheque that later bounces.

“It would be deemed as if the amount of the premium had been collected by the insurance company, even though the agent may have instead of depositing the premium with the company, issued a cheque from his own account which ultimately got dishonored”, Justice Sanjay Dhar observed.

Fitness Certificate Implicit In Temporary Registration Certificate For New Vehicles: Jammu & Kashmir High Court

Case Title: National Insurance Company Ltd. thr. Its Divisional Manager and Anr Vs M/S Rash Builders Civil Contractors and Suppliers thr. its Manager

Citation: 2023 LiveLaw (JKL) 179

The Jammu and Kashmir & Ladakh High Court has held that a fitness certificate is implicitly included in the temporary registration certificate issued to a brand-new vehicle and hence repudiating an insurance claim solely based on the absence of a fitness certificate is not sustainable in law.

“…The object behind the requirement of a fitness certificate under Section 56 of the Act and sheer common sense, we cannot contemplate the sale of any brand-new vehicle, which is not otherwise fit. The sale of a brand-new vehicle itself implies that it is fit. It is only after the due course of time, and use of the vehicle, the requirement of fitness becomes relevant. Therefore, the issuance of temporary registration for a brand-new vehicle implies that for the said period of registration, the vehicle is fit”, Chief Justice N. Kotiswar Singh & Justice Moksha Khajuria Kazmi observed.

S.397(3) CrPC | Filing Revision Petition Before Sessions Court Doesn't Bar High Court's Inherent Jurisdiction: Jammu & Kashmir HC

Case Title: Bilal Ahmad Ganaie Vs Sweety Rashid & Ors.

Citation: 2023 LiveLaw (JKL) 180

The Jammu & Kashmir High Court while emphasising the wide amplitude of the High Court's inherent powers clarified that filing a revision petition before a Sessions Court does not preclude the petitioner from invoking the inherent jurisdiction of the High Court under Section 482 of the Code of Criminal Procedure (Cr.P.C).

No FIR Against Detenu, Record Appears To Be Manipulated: Jammu & Kashmir High Court Quashes Preventive Detention Order

Case Title: Abid Hussain Ganie Vs UT of J&K

Citation: 2023 LiveLaw (JKL) 181

The Jammu and Kashmir and Ladakh High Court quashed a preventive detention order passed against a person in absence of any FIR against him. A single bench of Justice Sanjay Dhar remarked,

"Surprisingly, when no FIR is shown to have been registered against the petitioner, then how come 27 leaves of FIR etc. have been provided to him. This exhibits total non-application of mind and overzealousness on the part of the detaining authority, which casts serious doubt about the authenticity of the receipt."

[J&K Civil Service Rules] Contractual Employee Not Entitled To Full-Fledged Regular Enquiry Before Termination: High Court

Case Title: Abid Ahmad Ganai Vs UT of J&k & Ors.

Citation: 2023 LiveLaw (JKL) 182

The Jammu and Kashmir High Court on ruled that a contractual employee is not entitled to a full-fledged regular enquiry before termination, even if the termination is stigmatic in nature.

[PSI Recruitment Scam] Completion Of Investigation Qua Accused, Not Investigation Of Entire Case Material To Determine Default Bail: J&K High Court

Case Title: Yati Yadav Vs UT of J&K

Citation: 2023 LiveLaw (JKL) 183

The Jammu & Kashmir and Ladakh High Court rejected the applications for default bail moved by several accused in the J&K Police Sub-inspector Recruitment Scam, including alleged mastermind Yatin Yadav.

It observed,

"Charge sheet can be said to be complete when it enables the court whether to take or not take cognizance of the offences and if certain facets call for further investigation, it would not render such report other than a final report...completion of investigation relating to offence against the accused and not investigation of case or filing of charge sheet under section 173 Cr.P.C. which would be material for the purpose of determining whether accused is entitled to the grant of statutory bail or not."