Jammu & Kashmir And Ladakh High Court Monthly Digest: February 2024

Nominal Index:Sahil Gupta Vs UT of J&K 2024 LiveLaw (JKL) 1Abdul Rahim Ganai V/s State of JK and others (SRTC) 2024 LiveLaw (JKL) 2Waqas Riyaz Khan Vs UT of J&K 2024 LiveLaw (JKL) 3MOHAMMAD BIN SHORA Vs. UNION OF INDIA AND ANOTHER 2024 LiveLaw (JK) 4Pritam Chand alias Pritam Singh Vs Dr. Kamal Saini 2024 LiveLaw (JKL) 5Haja @ Hajira Bano Vs Gh. Mohammad Ahangar 2024 LiveLaw (JKL) 6Aman Gehlot Vs V/s Anti-Corruption Bureau (Central Kashmir) & ors 2024 LiveLaw (JKL) 7Mohammad Altaf Mir V/ S Firdous Ahmad Mir 2024 LiveLaw (JKL) 8GHULAM AHMAD BHAT & OTHERS Vs STATE OF J&K AND OTHERS 2024 LiveLaw (JKL) 9Sukhjit Singh Vs UT of J & K 2024 LiveLaw (JKL) 10Iftikar Ahmad Vs Abdul Majeed 2024 LiveLaw (JKL) 11Vishal Khajuria V/s Staff Selection Commission 2024 LiveLaw (JKL) 12Maheen Showkat Vs UT of J&K 2024 LiveLaw (JKL) 13Union Territory of Jammu and Kashmir 2024 LiveLaw (JKL) 14Union Territory of Jammu & Kashmir Vs IFFCO-TOKIO, General Insurance Company Limited 2024 LiveLaw (JKL) 15Kaka Ram Vs Mangat Ram 2024 LiveLaw (JKL) 16Executive Engineer Roads and Buildings, Bandipora Vs Nazir Ahmad Teli 2024 LiveLaw (JKL) 17Daljit Singh Vs Dhanwant Kour 2024 LiveLaw (JKL) 18Muyeeb Shafi Ganie Vs UT of J&K 2023 LiveLaw (JKL) 19Babu Ram vs Tata Project Ltd. Residential Manager and Ors 2024 LiveLaw (JKL) 20Mohammad Shafi Dar Vs Directorate of Enforcement and another 2024 LiveLaw (JKL) 21Mangal Singh Vs Balbir Singh 2024 LiveLaw (JKL) 22Dr. Mohammad Riyaz Latoo and another Vs SKIMS & Anr 2024 LiveLaw (JKL) 23Jaswant Singh Vs J&K State Road Transport Corporation 2024 LiveLaw (JKL) 24The Cooperative Market Society Limited Bishnah Vs Assistant Labour Commissioner 2024 LiveLaw (JKL) 25Kewal Krishan Vs Union Territory of J&K 2024 LiveLaw (JKL) 26Virender Kumar Chawla Vs Neha Chalwa 2024 LiveLaw (JKL) 27Pawan Kumar Sharma Vs UT of J&K 2024 LiveLaw (JKL) 28SHOWKAT AHMAD MIR Vs NIGHAT BEGUM 2024 LiveLaw (JKL) 29Arjun Balraj Mehta Vs UT of Ladakh 2024 LiveLaw (JKL) 30Judgments/Orders: Labour Commissioner Competent To Review Ex-Parte Awards Passed Under Workmen's Compensation Act: J&K High CourtCase Title: Sahil Gupta Vs UT of J&KCitation: 2024 LiveLaw (JKL) 1The Jammu and Kashmir and Ladakh High Court held that a Labour Commissioner is competent to review his ex-parte orders, while hearing an application to set aside such ex-parte award.A bench of Justice M.A Chowdhary clarified that given the applicability of Order IX Rule 13 of the Code of Civil Procedure(CPC), as provided under Rule 31 of the J&K Workmen's Compensation Rules of 1972, the Labor Commissioner is competent to review ex-parte awards.Treating Employee's Absence As 'Dies-Non' A Penalty Measure, Cannot Be Imposed Without Affording Hearing: J&K High CourtCase Title:Abdul Rahim Ganai V/s State of JK and others (SRTC)Citation: 2024 LiveLaw (JKL) 2The Jammu and Kashmir and Ladakh High Court ruled that a period of willful absence from duty can be treated as 'Dies-Non', but such a measure of penalty cannot be imposed without conducting a fair enquiry and affording the concerned employee an opportunity to be heard.For the period declared as 'Dies Non', an employee would not be eligible for allowance nor would it be counted for retiral benefits.Justice Sindhu Sharma said,“The order adverse to the employee for willfully remaining absent after expiry leave cannot be passed without initiated any disciplinary proceedings. The respondent is competent to direct the period of willful absence be treated as Dies Non but it would be as a measure of penalty and such order cannot be passed without holding enquiry and providing opportunity of hearing to the petitioner”.Subjective Satisfaction Under Preventive Detention Jurisdiction Cannot Rule Out Objectivity: J&K HC Quashes Detention OrderCase Title: Waqas Riyaz Khan Vs UT of J&KCitation: 2024 LiveLaw (JKL) 3The Jammu and Kashmir and Ladakh High Court quashed the detention order of a detenue citing serious concerns about the grounds of detention being based on a "caricatured" opinion instead of an objective assessment.A bench of Justice Rahul Bharti has observed,“If taken as it is, then any law abiding citizen can be stereotyped at the hands of law and enforcement agency/authority for the sake of being put behind the bars not for any penal act of omission and commission on his/her part amounting to violation of law but just for the reason that law and enforcement agency/authority is so profiling a person to be a bad person”.J&K HC Allows Minors Plea For Passport Rectification Upon Attaining Majority, Directs Adherence To Ministry of External Affairs GuidelinesCase Title: MOHAMMAD BIN SHORA Vs. UNION OF INDIA AND ANOTHERCitation: 2024 LiveLaw (JK) 4Allowing a plea seeking directions to effect changes in the date of birth in the passport the Jammu and Kashmir and Ladakh High Court emphasized that an applicant seeking a change in the date of birth in their passport must do so within a reasonable time, specifically within five years from the date of ...

Jammu & Kashmir And Ladakh High Court Monthly Digest: February 2024

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