Jammu & Kashmir & Ladakh High Court Weekly Round Up : August 1 To August 7, 2022

Nominal Index:

Junaid Hassan Masoodi Vs UT of J&K 2022 LiveLaw (JKL) 86

Neena Gupta Vs UT of Ladakh 2022 LiveLaw (JKL) 87

Anis Ahmad Chaudhary Vs State of J&K 2022 LiveLaw (JKL) 88

M/s Manu Mohit Industries Vs State of J&k & Ors. 2022 LiveLaw (JKL) 89

Ashish Damija Vs UT of J&K 2022 LiveLaw (JKL) 90

Judgements/Orders

Husband's Relatives Can't Be Dragged Into Matrimonial Disputes In Absence Of Specific Instances Of Their Involvement In Crime: J&K&L High Court

Case Title: Junaid Hassan Masoodi Vs UT of J&K

Citation : 2022 LiveLaw (JKL) 86

The Jammu and Kashmir and Ladakh High Court ruled that in crimes pertaining to matrimonial disputes and dowry deaths the relatives of the husband should not be roped in on the basis of omnibus allegations unless specific instances of their involvement in the crime are made out.

These allegations are required to be carefully scrutinized before initiation of prosecution against the relatives of the husband and there being no mention of the specific instances of cruelty alleged to have been committed by the relatives of the husband in the instant case, the prosecution against them cannot be sustained, the bench noted.

S.18 Drugs & Cosmetics Act | Dealer/ Distributor Not Liable If He Acquires Drug From A Licensed Manufacturer: J&K&L High Court

Case Title: Neena Gupta Vs UT of Ladakh.

Citation: 2022 LiveLaw (JKL) 87

A bench of Justice Sanjay Dhar observed The Jammu and Kashmir and Ladakh High Court on Thursday held that a person, other than a manufacturer of a drug, cannot be held liable for contravention of Section 18 of the Drugs and Cosmetic Act if he shows that he has acquired the drug or cosmetic from a duly licensed manufacturer. "Once it is shown from the material on record that the conditions mentioned in Section 19(3) of the Drugs and Cosmetics Act have been satisfied by the petitioners, they could not have been prosecuted by the respondent Drugs Inspector" the bench underscored.

J&K Prevention Of Corruption Act | Elaborate Reasons Not Necessary While Issuing Entrustment Orders: High Court

Case Title: Anis Ahmad Chaudhary Vs State of J&K

Citation: 2022 LiveLaw (JKL) 88

The Jammu and Kashmir and Ladakh High Court ruled that merely because elaborate reasons have not been given in the entrustment orders pass ed by the Superintendent of Police to delegate investigation to an inspector level officer, it cannot be said that the provisions of J&K Prevention of Corruption Act have not been complied with.

Industrial Tribunal's Order Can't Be Challenged On Disputed Questions Of Facts Under Article 226: J&K&L High Court

Case Title: M/s Manu Mohit Industries Vs State of J&k & Ors.

Citation: 2022 LiveLaw (JKL) 89

The Jammu & Kashmir and Ladakh High Court observed that an order passed by Industrial Disputes Tribunal/ Labour Court on disputed questions of fact cannot be challenged by way of a petition under Article 226 of the Constitution.

"If the challenge is limited only to the correctness or otherwise of the award, then it has to be considered that the power under Article 227 of Constitution has been invoked because the cause has not been initiated for the first time before the High Court," Justice Wasim Sadiq Nargal said.

No Vicarious Liability Under Criminal Law Unless Strictly Mandated By Statute: J&K&L High Court

Case Title: Ashish Damija Vs UT of J&K

Citation: 2022 LiveLaw (JKL) 90

The Jammu and Kashmir and Ladakh High Court on Friday ruled that in criminal law, there is no concept of criminal vicarious liability and it is only if there is a statute which makes a person vicariously liable for the acts of another person that such a person can be prosecuted for a criminal offence.

"One such example is the provision contained in Section 34 of the Drugs and Cosmetic Act whereby the persons incharge of and responsible for the conduct of business of the company are made vicariously liable for the offences committed by the company" Justice Dhar observed.

News Updates :

Take A Call On Muharram Procession Within 3 Days: High Court To J&K Admin

The Jammu & Kashmir & Ladakh High Court on Wednesday asked government to take a call on granting permission to take out Muharram procession in certain areas of Srinagar.

Chief Justice Pankaj Mithal and Justice Wasim Sadiq Nargal observed that taking out the religious procession especially in Kashmir depends upon the law-and-order situation and this court is unable to assess the law-and-order situation as well as the involvement of the security of the nation in taking out such religious procession.