Jammu & Kashmir And Ladakh High Court Annual Digest: Part II Citation [ 175 - 356]

Judgments/Orders:Employer Not Obligated To 'Launch Manhunt Across Globe For Absconding Employees': J&K High Court Upholds Dismissal Of CRPF ConstableCase Title: MOHAMMAD SHAHBAZ MIR VS UNION OF INDIA.Citation: 2024 LiveLaw (JKL) 175Emphasising that an employer is not expected to launch a manhunt for an absconding employee across the globe the Jammu and Kashmir and Ladakh High Court upheld the dismissal of a constable with the Central Reserve Police Force (CRPF), who had challenged his termination from service.Case Diaries Must Be Made Available Immediately After Filing Bail Application To Facilitate Decisions From First Hearing Itself: J&K High CourtCase Title: Gorav Sayal Vs UT of J&KCitation: 2024 LiveLaw (JKL) 176The Jammu & Kashmir and Ladakh High Court emphasised that case diaries should be promptly available following the filing of bail applications to facilitate decisions on the first hearing itself.Observing that bail applications should ideally be decided on the first date of hearing by this Court a bench of Justice Atul Sreedharan underscored,“The same is possible only if the case diary is made available for the scrutiny by the Court on the very first date of hearing”.Non-Response To Demands Invalidates Invocation of Mutual Negotiations Clause in Arbitration Agreements: Jammu & Kashmir High CourtCase Title: Ramtech Software Private Limited Vs Ut Of J&K And AnotherCitation: 2024 LiveLaw (JKL) 177The Jammu and Kashmir High Court bench of Chief Justice N. Kotiswar Singh held that if a party didn't respond to the demands and requests made by the other party, it can't invoke the part of the arbitration clause that such disputes and differences shall be an endeavoured to be resolved by mutual negotiations as a condition precedent for invoking the arbitration clause.Authorities Obligated To Promptly Consider Detenu's Right To Representation Under Article 22 Of Indian Constitution: J&K High CourtCase Title: Manzoor Ahmad Yatoo Vs UT of J&KCitation: 2024 LiveLaw (JKL) 178Quashing a preventive detention order the Jammu and Kashmir and Ladakh High Court highlighted that the right to representation for a detenu is a guaranteed right under Article 22 of the Indian Constitution which imposes an obligation on authorities for its prompt consideration.Delayed Trial, Violation Of Article 21 Rights: J&K High Court Grants Bail To Ex-Cop Accused Of Killing Man Falsely Projected As TerroristCase Title: Bansi Lal Vs UT of J&KCitation: 2024 LiveLaw (JKL) 179The Jammu and Kashmir and Ladakh High Court granted bail to Bansi Lal, a 56-year-old former police officer, who had been in judicial custody for almost 18 years.The order, passed by Justice Atul Sreedharan, highlighted the prolonged delay in the trial, describing it as a clear violation of Article 21 of the Indian Constitution, which guarantees the right to a speedy trial.Dismissal Of Complaint For Non-Prosecution Is Final Order, Magistrates Lack Inherent Powers To Restore Such Cases: J&K High CourtCase Title: Mehraj ud din Andrabi Vs Zia DarakshanCitation: 2024 LiveLaw (JKL) 180The High Court of Jammu & Kashmir and Ladakh asserted that a Magistrate cannot exercise inherent jurisdiction to restore a complaint once dismissed due to the complainant's non-appearance.A bench comprising Justice Vinod Chatterji Koul has declared that such dismissals are final orders, emphasizing the absence of any provision in the Code of Criminal Procedure (Cr.P.C.) that confers this power on the Trial Court.Using “Security Of State” As Grounds To Detain Person In A Union Territory Is Valid Exercise Of Detaining Authority's Power: J&K High CourtCase Title: Yawar Ahmad Malik Vs UT of J&KCitation: 2024 LiveLaw (JKL) 181The Jammu and Kashmir and Ladakh High Court affirmed that using "Security of State" as a ground for detaining a person in a Union Territory is a valid exercise of the detaining authority's power.Dismissing an appeal against a single bench judgment that dismissed a habeas corpus plea a bench comprising Chief Justice N Kotiswar Singh and Justice Moksha Khajuria Kazmi explained,“There is no doubt that the definition of State as contained in [Section 3 (58) of General Clauses Act, 1897] includes Union Territory. The term, “all local or other authorities within the territory of India or under the control of the Government of India” comprises States and Union Territories”.Comprehensive Proof Of Talak By Husband With Efforts For Reconciliation Is Essential To Avoid Maintenance Obligations: J&K High CourtCase Title: Fayaz Ahmad Wani Vs Mst HameedaCitation: 2024 LiveLaw (JKL) 182The Jammu and Kashmir and Ladakh High Court ruled that a husband cannot evade his obligation to maintain his wife merely by claiming to have divorced her.Justice Vinod Chatterji Koul emphasized that the husband must not only prove the pronouncement of Talaak or the execution of a divorce deed but must also demonstrate that sincere efforts were made by both parties' representatives to reconcile their disputes....

Jammu & Kashmir And Ladakh High Court Annual Digest: Part II Citation [ 175 - 356]

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