Jammu And Kashmir & Ladakh High Court: Weekly Round Up [November 20 - November 26, 2023]

Nominal Index [Citations 290 - 300]:Madhu Bakshi Vs ACB Kashmir 2023 LiveLaw (JKL) 290Jagar Singh Vs UT of J&K 2023 LiveLaw (JKL) 291Peerzada Shah Fahad Vs UT of J&K & Anr 2023 LiveLaw (JKL) 292Adil Farooq Bhat Vs VC Central University Kashmir 2023 LiveLaw (JKL) 293Sunita Wali Vs UOI and others 2023 LiveLaw (JKL) 294Jahangeer Ahmad Mugloo Vs UT of J&K 2023 LiveLaw (JKL) 295Davinder Kumar Batra Vs The Authority Under Payment of Wages Act 1936 and Ors 2023 LiveLaw (JKL) 296Executive Engineer, Dal Lake Division-I Vs Mousvy Industries Budgam 2023 LiveLaw (JKL) 297M/S FAROOQ AHMAD MIR Vs UT OF J&K AND ORS 2023 LiveLaw (JKL) 298STATE OF J&K Vs FEROZ AHMAD NAJAR & ANR 2023 LiveLaw (JKL) 299Nazir Ahmad Najar Vs UOI 2023 LiveLaw (JKL) 300Judgments/Orders: Investigating Agencies May Seize Passport But Not Impound It: Jammu & Kashmir High CourtCase Title: Madhu Bakshi Vs ACB KashmirCitation: 2023 LiveLaw (JKL) 290Distinguishing between the powers of the police and the Passport Authority with regard to the seizing and impounding of passports, the Jammu and Kashmir and Ladakh High Court clarified that while the police may seize a passport under Section 102 of the CrPC, the impounding can only be done by the Passport Authority under Section 10(3) of the Passports Act.Police Must Limit Surveillance Register Entries To Respect Citizen's Privacy, Fundamental Rights: J&K High CourtCase Title: Jagar Singh Vs UT of J&KCitation: 2023 LiveLaw (JKL) 291The Jammu and Kashmir and Ladakh High Court urged the Police officers to strictly interpret and limit Surveillance Register entries to respect citizen's fundamental freedoms, ensuring unobtrusive and lawful surveillance.Justice Javed Iqbal Wani added that surveillance must not intrude to compromise individual dignity and the rules governing Surveillance Register entries and surveillance methods should acknowledge the caution and care required by police officers in these procedures.Lowering India's Reputation Not 'Terrorist Act'; Holding So Would Mean Any Criticism Of Centre Will Be UAPA Offence : J&K&L High CourtCase Title: Peerzada Shah Fahad v. Union Territory of Jammu and Kashmir & Anr.Citation: 2023 LiveLaw (JKL) 292While granting bail to Kashmir-based news journalist Peerzada Shah Fahad, the High Court of Jammu and Kashmir and Ladakh rejected an argument raised by the National Investigation Agency (NIA) that any act affecting India's dignity and lowering the country's global image will be a 'terrorist act' as defined under the Unlawful Activities Prevention Act.If this argument is accepted, it would mean that any criticism of the Central Government will be a 'terrorist act' the division bench comprising Justice Atul Sreedharan and Justice Mohan Lal observed. Fundamental Right To Education Doesn't Extend To Candidates Ineligible To Appear In Examinations: J&K High CourtCase Title: Adil Farooq Bhat Vs VC Central University Kashmir.Citation: 2023 LiveLaw (JKL) 293Drawing a line between upholding a fundamental right and ensuring that academic prerequisites remain an indispensable criterion for students seeking to sit for examinations, the Jammu and Kashmir and Ladakh High Court observed that while the right to education is a fundamental right, its essence does not stretch to endorsing the participation of ineligible candidates in examinations.Private Dispute Between Employer-Employee Not Amenable To Writ Jurisdiction Unless Statutory Violations Demonstrated: J&K High CourtCase Title: Sunita Wali Vs UOI and othersCitation : 2023 LiveLaw (JKL) 294Highlighting the boundaries of writ jurisdiction in employment-related disputes, the Jammu and Kashmir and Ladakh High Court observed that not all disputes between employers and employees are amenable to the writ jurisdiction.A bench of Justice Rajnesh Oswal clarified that a private dispute between the employer and the employee qua the contract of service without demonstrating any statutory violation by the employer does not warrant indulgence by the Court.Preventive Detention | J&K High Court Orders Compassionate Release Of Detenu To Mourn Brother's DemiseCase Title: Jahangeer Ahmad Mugloo Vs UT of J&KCitation: 2023 LiveLaw (JKL) 295While granting temporary release to a person under preventive detention, the Jammu & Kashmir and Ladakh High Court observed that the stringent provisions outlined in Section 13 of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (PIT-NDPS Act) do not serve as a hindrance for a constitutional court exercising its jurisdiction under Article 226 of the Constitution to order release of a detainee.S.25FFF ID Act | Enterprise Shutting Due To Financial Difficulties Not 'Unavoidable Circumstance' To Deny Retrenchment Compensation: J&K High CourtCase Title: Davinder Kumar Batra Vs The Authority Under Payment of Wages Act 1936 and Ors. Citation: 2023 LiveLaw (JKL) 296The Jammu and Kashmir and Ladakh High Court ruled that the closure of an enterprise due to financial difficulties...

Jammu And Kashmir & Ladakh High Court: Weekly Round Up [November 20 - November 26, 2023]

Basit Amin Makhdoomi

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