J&K&L High Court Weekly Round-Up: December 26 To December 31, 2022

Judgements/Orders:

One Cannot Challenge Proceedings Of Enquiry Committee After Taking Part In It Without Any Demur: J&K&L High Court Reiterates

Case Title: Dr. RK Vs UT of J&K.

Citation: 2022 LiveLaw (JKL) 265

The Jammu and Kashmir and Ladakh High Court reiterated that a person who participates in enquiry proceedings without any demur and later on challenges the constitution of the enquiry committee after finding that the result of the enquiry has gone against him, is not entitled to do so.

IT Act | Challenge To Notice Under S.226, Without Challenge To Demand Under S.200A, Not Maintainable: J&K&L High Court

Case Title : M/S Construction Engineers

Citation : 2022 LiveLaw (JKL) 266

The Jammu and Kashmir and Ladakh High Court ruled that a challenge to the notices issued by the Assessing authority under Section 226 (3), without challenging the intimation of demand made by the Assessing authority under Section 200A of the Income Tax Act is not maintainable.

Sec 482 CrPC Cannot Be Invoked To Examine Correctness Of Allegations In A Complaint: J&K&L High Court Reiterates

Case Title : M/S Rashmi Metaliks Ltd. & Anr Vs M/S Jindal Saw Ltd. & Ors.

Citation : 2022 LiveLaw (JKL) 267

Reiterating that powers of the court under Section 482 Cr.P.C are to be exercised with great amount of caution the J&K&L High court held that under the said provision the Court cannot examine the correctness of the allegations in a compliant except in exceptionally rare cases where it is patently clear that the allegations are frivolous or do not disclose any offence.

J&K&L High Court Dismisses Plea By Ex-Minister Chaudhary Lal Singh Against Eviction From Government Bungalow

Case Title : Prof. S. K. Bhalla Vs UT of J&K

Citation : 2022 LiveLaw (JKL) 268

The Jammu and Kashmir and Ladakh High Court dismissed a plea filed by ex-minister Chaudhary Lal Singh against evicting him from the government-allotted bungalow in Jammu's Gandhi Nagar.

Settled Legal Position That Medical Negligence Can Only Be Gauged By Field Experts: J&K&L High Court

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

Citation : 2022 LiveLaw (JKL) 269

The Jammu & Kashmir & Ladakh High Court while answering a question as to how the negligence of a professional doctor is to be gauged, maintained that only experts can certify negligence on the part of the doctor.

The observations came from Justice Wasim Sadiq Nargal while dismissing a petition seeking direction to the respondents to pay compensation to the tune of Rs 20 lakh for the death of her husband, who died due to negligence of doctors, registration of case for criminal negligence.

Documents Issued By Public Servant Are Supposed To Be In Public Domain: J&K&L High Court Sets Aside Direction For Inquiry On Source Of Detention Order

Case Title: Mohd Yousuf Vs UT of J&K.

Citation: 2022 LiveLaw (JKL) 270

Setting aside an order directing Anti Corruption Bureau to inquire how a litigant managed to get hold of the detention order and certain official communication prior to execution of the order, the Jammu and Kashmir and Ladakh High Court on Wednesday said such documents issued by a public servant are supposed to be in a public domain and they were neither classified nor relating to official secrets.

'Lack Of Jurisdiction': J&K&L High HC Dismisses Jaipur-Based University's Plea Seeking Reimbursement Under PM Special Scholarship Scheme

Case Title : Suresh Gyan Vihar University Vs Union of India & Ors.

Citation: 2022 LiveLaw (JKL) 271

The Jammu & Kashmir and Ladakh High Court dismissed a Jaipur-based University's plea for reimbursement of the expenses incurred by it with regard to tuition fee, hostel fee and cost of books after admitting the students from Jammu & Kashmir under the Prime Minister's Special Scholarship Scheme for J&K Students.

Justice M A Chowdhary said merely because the students are from J&K, will not give any cause of action to file the writ petition before the high court.

High Court Directs J&K Admin To Remove Encroachments From Public Roads; DCs And SPs To Be Held Responsible For Any Violations

Case Title : Jammu Municipal Corporation Vs Mohd Nadeem & Anr.

Citation : 2022 LiveLaw (JKL) 272

Taking serious note of the increasing encroachments of public roads and streets in Jammu and Kashmir, the High Court directed the J&K Government and Jammu Municipal Corporation to ensure that no structure of any kind is allowed or permitted to be raised on public road, street, pathway and lane.

The division bench of Acting Chief Justice Tashi Rabstan and Justice Rajesh Sekhri said if any such structure has been erected or re-erected within a period of last five years, the same shall be removed forthwith and in case of any fresh encroachments, the Deputy Commissioners and Superintendents of Police of that area shall be held responsible.

'Cause Of Action In Case Of Contract Of Insurance Accrues On Date Of Repudiation Of Claim': J&K&L High Court

Case Title: United India Insurance Company Vs Ghulam Nabi Bhat & Ors.

Citation: 2022 LiveLaw (273)

The Jammu and Kashmir and Ladakh High Court clarified that 'cause of action' in an insurance case can also accrue on the date the claim lodged by the insured is repudiated by the insurance company.

The court said the Supreme Court in Kendimalla Raghavaiah & Co. V.s Nationa Insurance Co. and ors has held that with reference to a fire insurance policy, the date of accrual of cause of action has to be the date on which the fire breaks out. However, it added that the apex court has not adverted to the fact that the cause of action may in some cases accrue on more than one occasion and on different date.

Failure To Supply Translated Copy Of Detention Order Does Not Vitiate Detaining Authority’s Decision: J&K&L High Court

Case Title : Akash Karka Vs UT of J&K

Citation : 2022 LiveLaw (JKL) 274

Dismissing a plea of habeas corpus petition, the Jammu & Kashmir and Ladakh High Court observed that failure on the part of detaining authority to supply a translated copy of detention order does not vitiate the detention.

A bench of Justice Wasim Sadiq Nargal said:

"From a bare perusal of the provisions of the Public Safety Act, 1978 dealing with preventive detention, read with the constitutional mandate under Article 22(5) of the Constitution of India, I do not find that such requirement is mandatory and failure on part of detaining authority to supply translated copies in all cases vitiates the detention."