Jammu & Kashmir And Ladakh High Court Weekly Round-Up: December 9 - December 15, 2024

Anand Vs Union of India 2024 LiveLaw (JKL) 330

Shakeel Mohd Vs UT Of J&K 2024 LiveLaw (JKL) 331

M/s Mir Sons Constructions Pvt. Ltd Vs. Union Territory of J&K 2024 LiveLaw (JKL) 332

Govind Ram Vs Vidhya Devi 2024 LiveLaw (JKL) 333

Pawan Singh Rathore Vs Devinder Singh Katoch 2024 LiveLaw (JKL) 334

Shabnam Soodan Vs Seema Gupta 2024 LiveLaw (JKL) 335

Avtar Krishan Suri V/s The Estate Manager, J&K Small Scale Industries Development Corporation Ltd 2024 LiveLaw (JKL) 336

Building Operation Controlling Authority Vs Renu Gupta 2024 LiveLaw (JKL) 337

Mohammad Altaf Bhat Vs Principal Chief of Commissioner and Ors 2024 LiveLaw (JKL) 338

Shafayatulla Vs UT Of J&K 2024 LiveLaw (JKL) 339

Om Parkash and others Vs Khazoor Singh and another 2024 LiveLaw (JKL) 340

Judgments/Orders:

Constable With Colour Blindness Could Cause Danger To Public: J&K High Court Upholds Dismissal Of Constables From BSF

Case Title: Anand Vs Union of India

Citation: 2024 LiveLaw (JKL) 330

Emphasising the critical role of physical fitness in armed forces, the Jammu and Kashmir and Ladakh High Court dismissed petitions challenging the termination of two Border Security Force (BSF) constables diagnosed with colour blindness.

Justice Vinod Chatterji Koul upheld their dismissal, observing that such a condition could potentially endanger public safety due to the nature of their duties.

Illegal Smuggling Of Bovine Animals Not Only Law & Order Issue But Also Threatens Maintenance Of Public Order: J&K High Court

Case Title: Shakeel Mohd Vs UT Of J&K

Citation: 2024 LiveLaw (JKL) 331

Highlighting the grave repercussions of bovine smuggling on public order, the High Court of Jammu and Kashmir and Ladakh dismissed a habeas corpus petition filed against a preventive detention order issued under the J&K Public Safety Act, 1978.

Petition U/S 11 Of Arbitration Act Cannot Be Entertained After Lapse Of 3 Yrs From Date Of Cause Of Action Arising: J&K High Court

Case Title: M/s Mir SonsConstructions Pvt. Ltd Vs. Union Territory of J&K

Citation: 2024 LiveLaw (JKL) 332

The Jammu & Kashmir And Ladakh High Court bench of Justice Tashi Rabstan held that the petition under section 11 of the Arbitration Act cannot be entertained after lapse of 3 years from the date of cause of action having arisen.

O.14 R.5 CPC | Courts Can Amend Or Strike Out Issues Anytime Before Decree, But Must Hear Parties And Allow Evidence: J&K High Court

Case Title: Govind Ram Vs Vidhya Devi

Citation: 2024 LiveLaw (JKL) 333

Shedding light on the on the scope of judicial discretion under Order 14 Rule 5(1) and (2) of the CPC, the Jammu and Kashmir and Ladakh High Court reiterated that courts have the authority to amend, add, or strike out issues at any stage of a suit before a decree is passed.

Public Servant Exceeding Powers While Performing Official Duties Would Be Protected U/S 197 CrPC: J&K High Court

Case Title: Pawan Singh Rathore Vs Devinder Singh Katoch

Citation: 2024 LiveLaw (JKL) 334

The Jammu and Kashmir and Ladakh High Court ruled that Section 197 of the Code of Criminal Procedure (CrPC) provides protection not only for acts performed by public servants in the discharge of their official duties but also for those done in the purported discharge of such duties.

Courts Must Balance Citizen's Rights & Adherence To Timelines, Delay Must Not Be Exploited: J&K High Court

Case Title: Shabnam Soodan Vs Seema Gupta

Citation: 2024 LiveLaw (JKL) 335

The Jammu and Kashmir and Ladakh High Court underscored the necessity of distinguishing between genuine explanations for delays and inordinate, unexplained delays in judicial matters.

The Court held that while it has a duty to protect citizens' rights, it must remain vigilant against allowing parties to misuse the system by approaching courts at their convenience without sufficient cause.

Appointment Of Managing Director/Chairman Of Party As Arbitrator Is Prohibited U/S 12(5) Of Arbitration Act: J&K High Court

Case Title: Avtar Krishan Suri V/s The Estate Manager, J&K Small Scale Industries Development Corporation Ltd.

Citation: 2024 LiveLaw (JKL) 336

The Jammu & Kashmir and Ladakh High Court bench of Chief Justice Tashi Rabstan held that managing director or chairman of a party to the arbitration agreement cannot be appointed as Arbitrator in light of section 12(5) read with Seventh Schedule of the Arbitration Act.

J&K COBA 1988 | Authorities Cannot Exceed Grounds Specified In Show Cause Notice When Taking Action Against An Individual: High Court

Case Title: Building Operation Controlling Authority Vs Renu Gupta

Citation :2024 LiveLaw (JKL) 337

Reaffirming the foundational principle of administrative law that actions taken against individuals must strictly adhere to the grounds specified in the show cause notice the Jammu and Kashmir and Ladakh High Court ruled that authorities cannot transgress the boundaries of the notice as such transgressions undermine the principles of natural justice and render subsequent actions legally unsustainable.

Internal Complaint Committee Cannot Entertain Complaints Filed Beyond Three Month Limitation Period Under POSH Act: J&K High Court

Mohammad Altaf Bhat Vs Principal Chief of Commissioner and Ors.

Citation: 2024 LiveLaw (JKL) 338

The Jammu and Kashmir and Ladakh High Court held that an authority under the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 (POSH Act) lacks the jurisdiction to act upon and decide complaints filed beyond the condonable limitation period of three months, as provided under the second proviso to Section 9(1) of the Act.

Employer's Assessment Of Employee's Worth Is Final, Suitability Of An Individual For A Particular Post Cannot Be Scrutinized By Courts: J&K HC

Case Title: Shafayatulla Vs UT Of J&K

Citation: 2024 LiveLaw (JKL) 339

Emphasising that the assessment of an employee's worth and suitability must be left to the employer's bona fide decision the Jammu and Kashmir and Ladakh High Court observed that the suitability of an individual for a particular post and administrative exigencies cannot be scrutinized by courts.

Unregistered Agreement To Sell Confers Legal Right Upon Beneficiary To Seek Execution Of Subsequent Sale Instrument From Transferor: J&K HC

Case Title: Om Parkash and others Vs Khazoor Singh and another

Citation: 2024 LiveLaw (JKL) 340

The Jammu and Kashmir and Ladakh High Court held that an unregistered Agreement to Sell confers a legal right upon the beneficiary to seek the execution of a subsequent sale instrument from the transferor.

For this limited purpose, a suit based on such an agreement is maintainable under the law, the court stated while reaffirming the legal sanctity of such agreements in specific circumstances.