Jammu & Kashmir and Ladakh High Court Weekly Round-Up: June 12 - June 18

Nominal Index

Shukal Singh Vs v/s G.M., Jammu Co-Operative Wholesale Ltd.& Anr 2023 LiveLaw (JKL) 156

M/S Shaf Sons through Gowhar Ahmad Mir & Another Vs Jammu & Kashmir Bank Ltd. & Ors 2023 LiveLaw (JKL) 157

Mohammad Sultan Nagoo vs Custodian Evacuee Property and others 2023 LiveLaw (JKL) 158

Ravinder Singh Vs J&K Sports Council 2023 LiveLaw (JKL) 159

Naseema Begum Vs UT of J&K 2023 LiveLaw (JKL) 160

Chajju Singh Bharat Bhushan Gupta Vs Subash Aggarwal and others Chajju Singh and ors 2023 LiveLaw (JKL) 161

Judgements/Orders

'Prior Jural Relationship' With Cooperative Society Necessary For Invoking Dispute Redressal Mechanism U/S 70: Jammu & Kashmir High Court

Case Title: Shukal Singh Vs v/s G.M., Jammu Co-Operative Wholesale Ltd.& Anr.

Citation: 2023 LiveLaw (JKL) 156

The Jammu and Kashmir and Ladakh High Court clarified that Section 70 of the J&K Cooperative Societies Registration Act serves as an internal mechanism for resolving disputes among parties who already have a legal relationship with each other before the dispute arises. It cannot be applied to individuals who do not have any 'prior jural relationship' with the individuals involved in the society's affairs, it emphasised.

Dispatch Of Notice By Bank U/S 13(2) SARFAESI Act Is An Official Act, Presumption Under Evidence Act That It Was Performed Regularly: J&K High Court

Case Title: M/S Shaf Sons through Gowhar Ahmad Mir & Another Vs Jammu & Kashmir Bank Ltd. & Ors.

Citation: 2023 LiveLaw (JKL) 157

The Jammu & Kashmir and Ladakh High Court held that dispatching of notice by a Bank under Section 13(2) of the SARFAESI Act, to the borrower to discharge in full his liabilities, is an official act with a presumption that it was performed regularly.

Section 114(e) of the Evidence Act establishes a presumption that judicial and official acts are performed regularly and in the context of the SARFAESI Act, the dispatching of a notice by a bank to a borrower falls under this category of official acts, a bench comprising Justices Atul Sreedhan and Mohal Lal emphasised.

Govt Duty Bound To Protect Evacuee Property, Cannot Act Arbitrarily As Owner With Rights Of Alienation: Jammu & Kashmir High Court

Case Title: Mohammad Sultan Nagoo vs Custodian Evacuee Property and others.

Citation: 2023 LiveLaw (JKL) 158

The Jammu & Kashmir and Ladakh High Court has emphasised that the government has a responsibility to safeguard, maintain, and effectively utilize evacuee properties. It cannot make arbitrary decisions or treat these properties as if it is the rightful owner with the power to sell them off, it clarified.

State Cannot 'Pick & Choose' In Selection Process, Must Provide Non-Discriminatory Reasons For Appointment: Jammu & Kashmir High Court

Case Title: Ravinder Singh Vs J&K Sports Council.

Citation: 2023 LiveLaw (JKL) 159

The Jammu and Kashmir and Ladakh High Court observed that when exceptionally qualified candidates are not offered appointments, the State must provide valid and non-discriminatory reasons for its decision. The State, especially when it functions as an employer, is obligated to adhere to the principles outlined in Article 14 of the Constitution, it emphasised.

Presumption Of Guilt U/S 29 POCSO Act Rebuttable: Jammu & Kashmir High Court Grants Bail To Woman Accused Of Facilitating Her Daughter's Rape

Case Title: Naseema Begum Vs UT of J&K.

Citation: 2023 LiveLaw (JKL) 160

The Jammu and Kashmir and Ladakh High Court has granted bail to a woman, accused of assisting the primary suspect in a POCSO case filed over alleged rape of her own daughter.

Presumption of guilt under Section 29 is rebuttable and if the accused can demonstrate to the court during the trial that there is material evidence contradicting the presumption of guilt, they may be granted bail, a bench of Justice Sanjay Dhar maintained.

Civil Court Can Seek Police Assistance To Enforce Temporary Injunctions: Jammu & Kashmir High Court

Case Title: Chajju Singh Bharat Bhushan Gupta Vs Subash Aggarwal and others Chajju Singh and ors.

Citation: 2023 LiveLaw (JKL) 161

The Jammu and Kashmir and Ladakh High Court said that while the Code of Civil Procedure (CPC) does not explicitly provide for police assistance in enforcing temporary injunctions, Section 151 of the Code allows the Civil Court to exercise inherent powers to ensure justice and prevent abuse of the court's process.

This provision grants the court the authority to direct the police to provide necessary assistance when there is disobedience or breach of its orders issued under Order XXXIX Rules 1 & 2 of the Code and hence enables the court to maintain the integrity of its orders and ensure the effective implementation of temporary injunctions, a bench of Justice Rajesh Sekhri observed.