Jammu & Kashmir And Ladakh High Court Weekly Round-Up: July 29 - August 4, 2024

Nominal Index:Mr. Nagraj V Vs UT of J&K 2024 LiveLaw (JKL) 208BASHIR AHMAD WANI Vs J&K FOREST DEVELOPMENT CORPORATION & OTHERS 2024 LiveLaw (JKL) 209Mohammad Akram Rather and Ors Vs UT through Director General of Police and Ors 2024 LiveLaw (JKL) 210Gulzar Ahmad Malik Vs Tariq Ahmad Parray and another 2024 LiveLaw (JKL) 211Fayaz Ahmad Mir Vs Nighat Nasreen 2024 LiveLaw (JKL) 212Satya Prakash Arya Vs Syed Abid Jalali 2024 LiveLaw (JKL) 213Javeed Ahmad Sheikh and others Vs J&K Bank 2024 LiveLaw (JKL) 214Manju Bhat Vs Dr Amit Wanchoo Citation: 2024 LiveLaw (JKL) 215Abdul Rashid Bhat Vs State of J&K 2024 LiveLaw (JKL) 216MOHAMMAD ABDULLAH CHOWDHARY Vs J&K SMALL SCALE INDUSTRIES DEV. CORPORATION AND OTHERS 2024 LiveLaw (JKL) 217Case Title: Abdul Rashid Yatoo Vs Abdul Gani MalikCitation: 2024 LiveLaw (JKL) 218Judgments/Orders:Bail Plea Of Man Who Ran Property Scam By Posing As Co-Producer Of 'Bahubali' FilmCase Title: Mr. Nagraj V Vs UT of J&KCitation: 2024 LiveLaw (JKL) 208The Jammu and Kashmir and Ladakh High Court dismissed the bail application of Nagraj V., a self-proclaimed entrepreneur and industrialist, who has been embroiled in a Rs 1 crore scam involving fraudulent property transactions.Leave Granting Authority Can Call For Second Medical Opinion Before Deciding On Genuineness Of Employee's Medical Leave: J&K High CourtCase Title: BASHIR AHMAD WANI Vs J&K FOREST DEVELOPMENT CORPORATION & OTHERSCitation: 2024 LiveLaw (JKL) 209While setting aside an order treating the absence of an employee as unauthorised and directing for its regularization, the Jammu and Kashmir and Ladakh High Court emphasized that the competent authority has the option to secure a second medical opinion before concluding on the genuineness of medical leave.Court's Inherent Powers Not Boundless, Expressions Such As 'Abuse Of Process' Or 'Securing Ends Of Justice' Don't Grant Unlimited Jurisdiction: J&K High CourtCase Title: Mohammad Akram Rather and Ors Vs UT through Director General of Police and Ors.Citation: 2024 LiveLaw (JKL) 210Emphasising that the inherent powers under Section 482 of the Criminal Procedure Code (CrPC) are not boundless the Jammu and Kashmir and Ladakh High Court clarified that expressions such as “abuse of process of law” or “to secure the ends of justice” do not grant the High Court unlimited jurisdiction.Proving Intent For Issuing Cheque Not Required U/S 138 NI Act, But Is Essential For Prosecution U/S 420 IPC: Jammu & Kashmir High CourtCase Title: Gulzar Ahmad Malik Vs Tariq Ahmad Parray and anotherCitation: 2024 LiveLaw (JKL) 211The Jammu & Kashmir and Ladakh High Court delivered a judgment quashing a complaint against a petitioner under Section 138 of the Negotiable Instruments Act, 1881 stating that the intent at the time of issuance of the cheque does not need to be proven for Section 138, whereas it is vital for Section 420 IPC.Minor Staying With Father Cannot Be Termed Illegal Confinement, Not Proper To Assume Only Mother Is Important For Child: J&K High CourtCase Title: Fayaz Ahmad Mir Vs Nighat NasreenCitation: 2024 LiveLaw (JKL) 212Underscoring the paramount importance of both parents in a child's life, the Jammu and Kashmir and Ladakh High Court severely reprimanded a magistrate for illegally ordering the custody of a minor child to the mother under Section 97 of the CrPC.Defamatory Statements In Pleadings Or Petitions Amount To Publication Under Section 499 IPC: Jammu & Kashmir High CourtCase Title: Satya Prakash Arya Vs Syed Abid JalaliCitation: 2024 LiveLaw (JKL) 213The Jammu & Kashmir and Ladakh High Court ruled that defamatory statements made in court pleadings amount to publication and can form the basis for the prosecution of such client for an offence under Section 499."Creating False Equivalence & Illusion": High Court Orders Fresh Promotion Test For J&K Banking Associates, Declares Current Process UnfairCase Title: Javeed Ahmad Sheikh and others Vs J&K BankCitation: 2024 LiveLaw (JKL) 214Reiterating that inequals cannot be treated equally, the Jammu and Kashmir and Ladakh High Court ruled the selection process for Banking Associates under the Seniority cum Selectivity channel to be illegal and arbitrary.The court has further directed the J&K Bank to conduct a fresh eligibility screening test for the petitioners, who are non-IBPS Banking Associates.Issuing Summons In Defamation Cases Cannot Be A Mechanical Exercise, Requires Proper Application Of Mind: J&K High CourtCase Title: Manju Bhat Vs Dr Amit WanchooCitation: 2024 LiveLaw (JKL) 215The Jammu and Kashmir and Ladakh High Court has underscored the crucial role of magistrates in applying their minds judiciously before issuing processes in criminal complaints, especially those pertaining to defamation.S.471 RPC | Fraudulent Use Of Forged Documents Is Punishable Even If Not Personally Forged By Accused: Jammu & Kashmir High CourtCase Title: Abdul Rashid Bhat Vs State of J&KCitation: 2024 LiveLaw (JKL) 216The Jammu and Kashmir and Ladakh...

Jammu & Kashmir And Ladakh High Court Weekly Round-Up: July 29 - August 4, 2024

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