Jammu & Kashmir High Court Weekly Roundup [February 27 - March 5, 2023]

Basit Amin Makhdoomi

5 March 2023 7:00 PM IST

Attacks On Politicians Who Do Not Subscribe To Separatists Ideology Still Prevalent In Kashmir Valley: High Court

Case Title: Shabir Ahmed Khan V/s State of J&K & Anr.

Citation: 2023 LiveLaw (JKL) 37

Observing that the incidents of attacks on main-stream politicians and the people who do not subscribe to the separatist's ideology are still taking place in Kashmir Valley, the Jammu and Kashmir and Ladakh High Court allowed an application filed by former health minister Shabir Ahmed Khan seeking transfer of criminal proceedings against him from a court in Srinagar to a Jammu court

JKL High Court Raps Medical Officer For Issuing Disability Certificates To Motor Accident Victims For 'Extraneous Considerations', Orders Inquiry

Case Title: Oriental Insurance Co. Ltd. Vs Ghulam Qadir & anr

Citation: 2023 LiveLaw (JKL) 38

The Jammu and Kashmir and Ladakh High Court censured a medical Officer for conducting grave professional misconduct by issuing number of Permanent Disability Certificates, though being not competent to issue such certificates, and help beneficiaries to get hefty amount of compensation from the Motor Accidents Claims Tribunals from time to time without there being any such disability, thereby causing wrongful loss to the insurance companies.

A bench of Justice Tashi Rabstan directed,

"An Inquiry into the conduct of Dr. N.D. Dar after issuing notice to him as to why his license as a doctor be not cancelled/terminated immediately thereby removing his name from the list of medical practitioners and he be debarred from practicing as a Doctor henceforth."

Before Resorting To OV R15 CPC, Must Show Defendant's Absent From Residence & No Likelihood Of Being Found: Jammu & Kashmir High Cour

Case Title: Dr Kiran Bala Vs Dr Ashwini Kumar Singh Jasrotia.

Citation: 2023 LiveLaw (JKL) 39

The Jammu and Kashmir and Ladakh High Court ruled that before resorting to provisions contained in Order V Rule 15 (Issuance of Summons) of the CPC, it has to be shown that the defendant is absent from his residence at the time when the service of the summons is sought to be effected and there is no likelihood of his being found at the residence within a reasonable time.

A bench comprising Justice Sanjay Dhar observed,

"It has also to be shown that the defendant has no agent empowered to accept the service of the summons on his behalf. Only when the conducts above are fulfilled, O V, R15 can be taken recourse to".

Cannot Rescue Litigant Filing "Cryptic" Delay Condonation Application Without Giving Proper Account Of Dates: Jammu & Kashmir High Court

Case Title: Pooja Devi & Ors Vs Tarseem Lal & Ors.

Citation: 2023 LiveLaw (JKL) 40

The Jammu and Kashmir and Ladakh High Court dismissed a ‘cryptic’ delay condonation application for not giving proper account of dates.

A bench comprising Justice MA Chowdhary observed,

"Courts cannot come to aid and rescue of litigant where application for condonation does not spell out sufficient cause and the approach of petitioners, in making such application in casual and cryptic manner".

13-Yr-Old Electrocuted, Dies: Jammu & Kashmir High Court Invokes Absolute Liability, Grants ₹10 Lakh Compensation To Mother

Case Title: Radha Sharma Vs State of J&K & Ors.

Citation: 2023 LiveLaw (JKL) 41

Invoking the principle of absolute liability, the Jammu and Kashmir and Ladakh High Court on Wednesday granted Rs. 10 Lakh compensation to the mother of a 13 year old who died due to electrocution.

A bench comprising Justice Wasim Sadiq Nargal observed that the rule of absolute liability does not obligate the claimant to prove negligence. Rather, on account of hazardous and dangerous nature of enterprise, the liability is fastened on the defaulter even when due and necessary care has been taken.

Stone Crusher Industry Plays Pivotal Role In Country's Development, Govt Policy Has Liberalized Mining Regime: J&K And Ladakh High Court

Case Title: Inhabitants of Sheva Shirshu Doda Vs UT of J&K & Ors

Citation: 2023 LiveLaw (JKL) 42

Terming the Standing Order issued by J&K Govt in 2021 for regulation of the stone crushing units in the UT as a valid piece of legislation, the Jammu and Kashmir High Court said that it has in a way liberalized the establishment of stone crusher units.

The bench of Justice Wasim Sadiq Nargal observed:

"The growth of the country and infrastructural development, the stone crusher industry plays a pivotal role and without operating the same, the development of the country will come to a standstill".