Jammu & Kashmir And Ladakh High Court Weekly Round-Up February 24 - March 2, 2025

Nominal Index:ABDUL MAJID SOFI vs UT of J&K 2025 LiveLaw (JKL) 55Madan Lal Goria Vs State Bank of India 2025 LiveLaw(JKL) 56FAYAZ AHMAD RATHER vs TARIQ AHMAD WANI 2025 LiveLaw (JKL) 57Kunj Lal Vs UT Of J&K 2025 LiveLaw (JKL) 58Islam Ul Haq Peer vs Union of India 2025 LiveLaw (JKL) 59Sugandha Sawhney Vs Union Of India 2025 LiveLaw (JKL) 60Rajesh Tandon vs Mohd. Safeer 2025 Livelaw (JKL) 61Mohit Mahajan Vs Sham Dass Gupta 2025 LiveLaw (JKL) 62Mohammad Shafi Beigh vs UT of J&K and Ors 2025 Livelaw (JKL) 63ABDUL RASHID DAR AND ORS. vs MUZAFFER AHMAD DAR AND ORS 2025 LIVELAW (JKL) 64UT of J&K vs Showkat Ahmad Tantry2025 LiveLaw (JKL) 65Judgments/Orders: 'Reprehensible Conduct': J&K High Court Directs Criminal Proceedings Against Dy Commissioner, Ganderbal For Filing False Pleadings Before CourtCase-title: ABDUL MAJID SOFI vs UT of J&K, 2025Citation: 2025 LiveLaw (JKL) 55The Jammu and Kashmir High Court directed that appropriate criminal proceedings should be initiated against the former Deputy Commissioner, Ganderbal for having filed a false pleading before the learned District Judge.The court observed that this conduct of a responsible officer of the Government is reprehensible and shows that the said officer has no respect for the rule of law. The court also stated that the officer concerned did not think twice before filing a false written statement before the learned trial court with a view to defeating the claim of the petitioner.J&K High Court Imposes 25K Costs On "Compulsorily Retired" SBI Employee For Concealing Facts To Mislead Court's JurisdictionCase Title: Madan Lal Goria Vs State Bank of IndiaCitation: 2025 LiveLaw(JKL) 56While dismissing a writ petition filed by a compulsorily retired State Bank of India (SBI) employee, the Jammu and Kashmir and Ladakh High Court imposed a penalty of ₹25,000 for concealing crucial facts with the intent to deceive the Court regarding its territorial jurisdiction.[S.219 CrPC] Joinder Of Charges Will Not Apply In Case Of Dishonored Cheques Where Consolidated Demand Notice Is Given By Complainant: J&K High CourtCase Title: FAYAZ AHMAD RATHER vs TARIQ AHMAD WANICitation: 2025 LiveLaw (JKL) 57The Jammu and Kashmir High Court held that a single complaint for multiple dishonoured cheques is maintainable if a consolidated legal notice was issued and the cause of action arises from a single transaction.The court held that a single cause of action arose for all four cheques in favor of the respondent for filing a complaint against the petitioner upon the expiry of fifteen days from the date of service of the notice of demand.“Failure To Issue Notice, Denied Fair Hearing”: J&K High Court Quashes Recovery Order Of ₹4 Lakh Against Fair Price Shop DealerCase Title: Kunj Lal Vs UT Of J&KCitation: 2025 LiveLaw (JKL) 58The Jammu and Kashmir and Ladakh High Court quashed an order directing the recovery of excess carriage charges amounting to Rupees over 4 Lakhs from a Fair Price Shop dealer, highlighting the violation of natural justice principles.A bench of Justice Wasim Sadiq Nargal observed that the failure to issue notice was an attempt to prevent the petitioner from having an opportunity to present his case, underlining the critical need for a fair hearing in administrative and quasi-judicial proceedings.Recovery Of Drugs On Disclosure Statement Does Not Prima Facie Show Conscious Possession Of Contraband: J&K High CourtCase Title: Islam Ul Haq Peer vs Union of IndiaCitation: 2025 LiveLaw (JKL) 59The Jammu and Kashmir High Court held that a statement leading to the discovery of contraband is not sufficient to prima facie show conscious possession with respect to the concealed material. The court said that mere possession will not be considered as an offence unless it was coupled with the knowledge of what was being possessed.Toll Plazas Should Not Serve Merely As Revenue Generating Mechanism With Sole Purpose Of Minting Money From Public: J&K High CourtCase Title: Sugandha Sawhney Vs Union Of IndiaCitation: 2025 LiveLaw (JKL) 60The Jammu and Kashmir and Ladakh High Court, comprising Chief Justice Tashi Rabstan and Justice M.A. Chowdhary underscored that toll plaza should not merely function as revenue-generating mechanisms to mint money from the public and directed the authorities not to establish any toll within 60 kilometres of the National Highway-44.J&K High Court Quashes Defamation Case Against Reporter Who Highlighted Misuse Of Hospital Ambulances For Personal Use By Govt OfficialsCase-title: Rajesh Tandon vs Mohd. SafeerCitation: 2025 Livelaw (JKL) 61The Jammu and Kashmir High Court quashed a criminal defamation case against a reporter who covered a story relating to the misuse of a public hospital ambulance by government officials. The court held that the news report did not name the respondent, nor was he explicitly quoted as being responsible for the said misuse.Ejectment Allowed For Reconstruction But Rebuilt Property Must Be Offered To Evicted Tenant At Market Rate: ...

Jammu & Kashmir And Ladakh High Court Weekly Round-Up February 24 - March 2, 2025

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