Jammu & Kashmir And Ladakh High Court Weekly Round-Up: June 26 - July 02

Nominal Index

Mst Jana Vs State of J&K 2023 LiveLaw (JKL) 162

Mohd Sharief and others Vs State of J&K 2023 LiveLaw (JKL) 163

National Insurance Co. Ltd. Subash Chander Vs Subash Chander and others. National Insurance Company Ltd 2023 LiveLaw (JKL) 164

State of J&K Vs Sham Lal 2023 LiveLaw (JKL) 165

M/s Ali Shah through Arif Ahmad Shah Versus Union of India and others 2023 LiveLaw (JKL) 166

Monica Pathania Vs State of J&K 2023 LiveLaw (JKL) 167

M/S VJ Jindal Cocoa Pvt. Ltd Vs Union of India and others 2023 LiveLaw (JKL) 168

Judgments/Orders

Jammu & Kashmir And Ladakh High Court Orders State To Pay Rs 5 Lakh Compensation To Family Of Undertrial Killed In Srinagar Central Jail

Case Title: Mst Jana Vs State of J&K

Citation: 2023 LiveLaw (JKL) 162

Granting a compensation of an amount of Rs. 5 Lakh to the kin of an undertrial who was killed as a result of an attack by a co-prisoner inside Srinagar Central Jail, the Jammu and Kashmir and Ladakh High Court observed that the prison authorities cannot be absolved of their duty to ensure the safety and security of the undertrials.

"Even though the deceased was an undertrial in a murder case, the respondents were not absolved of their liability to ensure his safety and security in the jail. A prisoner cannot be deprived of his constitutional rights except in accordance with law," Justice Sanjay Dhar said.

J&K Land Acquisition Act | Collector Has No Power To Recall Or Review Compensation Award: High Court

Case Title: Mohd Sharief and others Vs State of J&K.

Citation: 2023 LiveLaw (JKL) 163

The Jammu and Kashmir and Ladakh High Court held that once an award has been made under Section 11 of the State Land Acquisition Act, 1990 the same is final and binding on the parties. The Collector has no authority to recall or review an award after it has been passed, it clarified.

[Motor Accident] Claimant Can't Rely On Disability Certificate Without Examining Doctor Who Provided Treatment Or Assessed Disability: J&K High Court

Case Title: National Insurance Co. Ltd. Subash Chander Vs Subash Chander and others. National Insurance Company Ltd

Citation: 2023 LiveLaw (JKL) 164

The Jammu and Kashmir High Court underscored the critical role of accurate medical evidence in assessing disability and income for determining just compensation in motor accident claims.

A bench comprising Justice Sanjay Dhar has observed,

"In order to ascertain the nature of disability of an injured/claimant and its effect upon his earning capacity, the Tribunal has to make every effort to record the evidence of the Doctor who has treated the injured or who has assessed his permanent disability. Mere production of a disability certificate cannot be taken as proof of the extent of disability stated therein".

[S.55 NDPS Act] Prosecution Obliged To Prove 'Safe Custody' Of Contraband Upon Seizure, Non-Compliance Leads To Acquittal: Jammu & Kashmir High Court

Case Title: State of J&K Vs Sham Lal

Citation: 2023 LiveLaw (JKL) 165

Highlighting the significance of Section 55 of the NDPS Act, the Jammu & Kashmir and Ladakh High Court has said that this provision was specifically introduced to deter any attempts to tamper with contraband. It stresses the crucial need for promptly transferring it to the secure storage of police stations and timely forwarding it to the Forensic Science Laboratory (FSL)

The burden lies on the prosecution to prove these crucial steps were followed and failure to demonstrate proper handling of contraband raises doubts about its authenticity and integrity, it maintained.

Jammu & Kashmir And Ladakh High Court Dismisses Writ Petition Challenging SCN Regarding Export Of Banned Yarn Shawls

Case Title: M/s Ali Shah through Arif Ahmad Shah Versus Union of India and others

Citation: 2023 LiveLaw (JKL) 166

The Jammu & Kashmir And Ladakh High Court has dismissed a writ petition challenging a show cause notice regarding the export of banned yarn shawls.

The bench of Justice Vinod Chatterji Koul has observed that the act of respondents in seizing consignments or goods took place in Delhi, followed by other events including the issuance of show cause notices, etc., so it is the courts or forums in Delhi where the petitioner can lay his claim or raise his grievances.

Genuine Case For Relaxation: J&K High Court Directs Govt To Reconsider Employee's Claim For Reimbursement Of Medical Expenses Incurred Outside State

Case Title: Monica Pathania Vs State of J&K

Citation: 2023 LiveLaw (JKL) 167

The Jammu & Kashmir High Court ruled in favour of a contractual government employee, stating that medical expenses incurred by her for her husband's treatment outside the erstwhile State should be reimbursed.

The court emphasized that the government's power to relax rules should be used genuinely, not just to decorate the "Rule Book," and should be exercised in cases where strict adherence to the rules would unfairly burden the beneficiary.

Jammu & Kashmir HC Refuses Interest On Delayed Disbursal Under 'Budgetary Support Scheme', Says Its Not A Right But Concession For Industrial Units

Case Title: M/S VJ Jindal Cocoa Pvt. Ltd Vs Union of India and others

Citation: 2023 LiveLaw (JKL) 168

The Jammu & Kashmir and Ladakh High Court ruled that the benefit provided under the Budgetary Support Scheme is not a 'right' of industrial units. Instead, it is regarded as a concession or incentive granted by the Government of India to assist these units in overcoming financial challenges resulting from the withdrawal of area-based exemptions under the Central Excise Act, it clarified