Jammu & Kashmir And Ladakh High Court Weekly Round-Up: May 22 To May 28

Nominal Index

Mushtaq Ahmad Dar Vs Enforcement Directorate & Ors 2023 LiveLaw (JKL) 127

Suraj Chand Vs Bajaj Allianz Insurance Co. Ltd 2023 LiveLaw (JKL) 128

Swarn Salaria Vs Baldev Raj Sharma & Ors. 2023 LiveLaw (JKL) 129

Atta Mohd Khan Vs UT of J&K 2023 LiveLaw (JKL) 130

Farooq Ahmad Parray Vs UT of J&K 2023 LiveLaw (JKL) 131

Muneer Ahmad Paswal Vs Union of India 2023 LiveLaw (JKL) 132

Mehvish Choudhary Vs J&K Bank & Anr 2023 LiveLaw (JKL) 133

Suhas Laxman Phadke & anr Suprakash Kundu Deepak Kapoor Vs State of J&K 2023 LiveLaw (JKL) 134

Mohammad Akram Dar & Ors Vs State of J&K 2023 LiveLaw (JKL) 135

Tanveer Ahmed @ Jimmy Vs UT of J&K 2023 LiveLaw (JKL) 136

Rasheed Ahmad Peerzada Vs J&K Special Tribunal 2023 LiveLaw (JKL) 137

Judgements/Orders

FEMA | No Natural Justice Violation If Adjudicating Authority Unable To Furnish Few Documents Relied Upon To Initiate Action: Jammu & Kashmir High Court

Case Title: Mushtaq Ahmad Dar Vs Enforcement Directorate & Ors

Citation: 2023 LiveLaw (JKL) 127

The Jammu and Kashmir and Ladakh High Court emphasized that withholding documents from the aggrieved party does not violate natural justice principles if the opposing party is unable to provide them.

[Motor Accident] 'Substantial Rights' Involved Not Ground To Condone Unexplained Delay: Jammu & Kashmir High Court

Case Title: Suraj Chand Vs Bajaj Allianz Insurance Co. Ltd.

Citation : 2023 LiveLaw (JKL) 128

The Jammu and Kashmir and Ladakh High Court stressed that timely filing of appeals under the Motor Vehicles Act is crucial and should not be overlooked, even if the applicant believes their substantial rights are at stake.

The bench reiterated that the purpose of filing an appeal in such cases is to ensure a swift resolution, fair compensation, and discourage casual and negligent behaviour from opposing parties.

"The ground urged in the application that the delay in filing the appeal is required to be condoned as the applicant has substantial right involved in the matter cannot be accepted in view of the fact that in filing of an appeal under the provisions of Motor Vehicles Act against an award in law is aimed at or providing a cheap and speedy remedy and justice by way of compensation to a claimant."

Ex-Parte Decree | Remedies Under Order 9 Rule 13 & Section 96 CPC Are Concurrent, Can Be Resorted To Simultaneously: Jammu & Kashmir High Court

Case Title: Swarn Salaria Vs Baldev Raj Sharma & Ors.

Citation: 2023 LiveLaw (JKL) 129

The Jammu and Kashmir and Ladakh High Court reiterated that remedies under Order 9 Rule 13 CPC and Section 96 of the CPC, which allow for setting aside an ex parte judgment and filing an appeal, respectively, are concurrent and can be resorted to simultaneously.

Article 22(5) | Everyday Delay By Detaining Authority In Dealing With Detenu's Representation Has To Be Explained: Jammu & Kashmir High Court

Case Title: Atta Mohd Khan Vs UT of J&K

Citation: 2023 LiveLaw (JKL) 130

While quashing a preventive detention order under J&K Public Safety Act, the Jammu & Kashmir High Court ruled that the Constitution casts legal obligation on the Government to consider the detenu's representation as early as possible.

Justice Sanjay Dhar observed,

"Everyday delay in dealing with the representation has to be explained and the explanation offered must indicate that there was no slackness or indifference. Any unexplained delay would be breach of constitutional imperative and it would render the continued detention of the detenu as illegal."

Every Member Of Police Force Required To Have Exceptional Integrity: Jammu & Kashmir High Court Upholds Constable's Termination For Fraud

Case Title: Farooq Ahmad Parray Vs UT of J&K

Citation: 2023 LiveLaw (JKL) 131

Observing that every member of the police force is required to have exceptional integrity, the Jammu & Kashmir High Court upheld the termination of a Constable during probation period for submitting fake documents to secure additional points during the selection process.

Resorted To "Parallel Banking": Jammu & Kashmir High Upholds Peon's Dismissal For Misappropriation Of Funds

Case Title: Muneer Ahmad Paswal Vs Union of India.

Citation: 2023 LiveLaw (JKL) 132

Observing that every bank employee is under solemn duty to protect the interest of the bank and to discharge his duties with utmost integrity, the Jammu and Kashmir and Ladakh High Court upheld the dismissal of a peon from the Ellaquai Dehati Bank.

A bench comprising Justice Wasim Sadiq Nargal observed,

"The petitioner has betrayed the trust and confidence of the bank by resorting to a parallel banking by receipt of deposit from customers against fake receipts and repay such deposits against withdrawals/cheques without routing the deposits and payment to the bank and made requisite entries falsely in the passbooks of the customers and this charge against the petitioner stood proved by way of a detailed inquiry."

No Revision Against Rejection Of Plaint Under Order 7 Rule 11 CPC: Jammu & Kashmir High Court

Case Title: Mehvish Choudhary Vs J&K Bank & Anr.

Citation: 2023 LiveLaw (JKL) 133

The Jammu and Kashmir and Ladakh High Court ruled that the provision of Revision under Section 115 CPC cannot be used to challenge an order of Rejection of plaint under Order 7 Rule 11. This is because an order passed under Order 7 Rule 11 of the CPC is considered to be a decree by legal interpretation, making it appealable under Section 96 read with Order 41 of the CPC, it clarified.

Jammu & Kashmir High Court Refuses To Quash FIR In Asha Kit Scam, Says Can't Stifle Genuine Prosecution

Case Title: Suhas Laxman Phadke & anr Suprakash Kundu Deepak Kapoor Vs State of J&K

Citation: 2023 LiveLaw (JKL) 134

The Jammu & Kashmir and Ladakh High Court refused to quash the FIR registered by Vigilance Organization (Now ACB) in Asha Kit Scam, observing that the allegations in the FIR clearly disclose commission of cognizable offence and therefore, it would not be open to the Court to stifle a genuine prosecution.

The case related to purchase of medicines at exorbitant rates by the Director Health Services, Jammu from companies that had been permanently de-registered or blacklisted.

Every Water Source Is Government Property: Jammu & Kashmir High Court

Case Title: Mohammad Akram Dar & Ors Vs State of J&K.

Citation: 2023 LiveLaw (JKL) 135

Observing that every water source in the State is and shall remain the property of the Government, the Jammu and Kashmir and Ladakh High Court dismissed a plea filed by the residents of the village Qasba Yar, District Shopian, seeking directions upon the administration to not to change, divert or take any water from Yari Kohal, a river flowing through their village.

Underscoring the goal of the State in ensuring that the ownership and control of the material resources of the community are distributed to subserve the common good as mandated under Article 39 of the Constitution, the Court said that the respondents have undertaken the exercise to ensure fair distribution of the natural resources and no individual or group of individuals can claim any right to exclusive use of natural resources.

Detaining Authority Should Communicate To Detenue Time Limit In Which He Can Make Representation Against Detention: Jammu & Kashmir High Court

Case Title: Tanveer Ahmed @ Jimmy Vs UT of J&K

Citation: 2023 LiveLaw (JKL) 136

The Jammu and Kashmir and Ladakh High Court said that a detaining authority should communicate to the detenue, in the grounds of detention, the time limit in which he can make a representation to it i.e., till the approval of the detention order by the State Government.

Justice M A Chowdhary reasoned that the detenue’s right to make a representation to the detaining authority is only available to him till approval of detention order by the Government and therefore the detaining authority should clearly communicate it to the detenu.

J&K Special Tribunal Can Refer Matters To High Court For Initiating Proceedings Under Contempt Of Courts Act: Jammu & Kashmir High Court

Case Title: Rasheed Ahmad Peerzada Vs J&K Special Tribunal.

Citation: 2023 LiveLaw (JKL) 137

The Jammu and Kashmir and Ladakh High Court held that J&K Special Tribunal is deemed to be a "court" subordinate to the High Court for the purposes of Section 10 of the Contempt of Courts Act and, therefore, shall be well within its powers to refer an appropriate case to the High Court for initiating appropriate proceedings against the violators of its orders or against those who commit its criminal contempt.

A bench comprising Justice Sanjeev Kumar remarked,

“…The J&K Special Tribunal is not a toothless body altogether and is possessed of sufficient powers to deal with the citizens who dare to commit its contempt. Though it is ideal as also to make the functioning of the Tribunal effective to make an amendment in the Act of 1988 to confer upon it specifically the power to punish for contempt in relation to itself or any member thereof, as has been done in various statutes”.