Jammu & Kashmir And Ladakh High Court Weekly Roundup: August 14 - August 20, 2023

Nominal Index:MANAGING DIRECTOR JK HANDICRAFTS Vs AGA SYED MUSTAFA & ANR 2023 LiveLaw (JKL) 215Aamir Javid Waza and ors. Vs Gousia Jan and Ors 2023 LiveLaw (JKL) 216MOHAMMAD ASHRAF RESHI Vs STATE OF J&K 2023 LiveLaw (JKL) 217Abdul Rashid Dar and others Vs Ghulam Qadir Dar and others 2023 LiveLaw (JKL) 218Inder Jeet Singh Vs ICICI Lombard and another 2023 LiveLaw (JKL) 219Vishwakarma Gun Works Vs Industrial Tribunal Court and Ors 2023 LiveLaw (JKL) 220BR (name redacted) Vs State of J&K 2023 LiveLaw (JKL) 221Vinod Kumar and Others v. State of J&K 2023 LiveLaw (JKL) 222Judgments/Orders:Industrial Disputes Act | Employer's Failure To Assign Work To Employee Deemed Retrenchment: Jammu & Kashmir High CourtCase Title: MANAGING DIRECTOR JK HANDICRAFTS Vs AGA SYED MUSTAFA & ANR.Citation: 2023 LiveLaw (JKL) 215The Jammu & Kashmir and Ladakh High Court ruled that even if an employer corporation does not explicitly issue a termination order, its behaviour of not assigning work to an employee while doing so for others can still be considered as retrenchment under the Industrial Disputes Act of 1947.Justice Sanjay Dhar added that any cessation of a workman's service, apart from voluntary retirement, reaching superannuation, or termination due to ill health, is encompassed within the definition of retrenchment.'Temporary Residence' Under Domestic Violence Act Includes Victim's Shelter Amidst Matrimonial Home Turmoil: Jammu & Kashmir High CourtCase Title: Aamir Javid Waza and ors. Vs Gousia Jan and Ors.Citation: 2023 LiveLaw (JKL) 216Clarifying the interpretation of the term "temporary residence" under the Protection of Women from Domestic Violence Act, 2005, the Jammu and Kashmir and Ladakh High Court emphasized that a "temporary residence" encompasses situations where an individual is compelled to find refuge due to domestic violence, or where they have been forced out of their matrimonial home.Using Higher Denomination Note For Goods Of Lower Value Insufficient To Prove Knowledge For Possessing Counterfeit Currency: J&K High CourtCase Title: MOHAMMAD ASHRAF RESHI Vs STATE OF J&KCitation: 2023 LiveLaw (JKL) 217The Jammu & Kashmir and Ladakh High Court recently observed that tendering a higher denomination currency note for goods of lower value is common practice and does not necessarily indicate knowledge of forged notes.Justice Sanjay Dhar added that no liability can be imposed under Sections 489B and 489C of the RPC unless it is proven that the person in possession or using forged currency notes had knowledge or reason to believe they were counterfeit.Counterclaims Have Independent Status, Can Continue Despite Dismissal Of Primary Suit: Jammu & Kashmir High CourtCase Title: Abdul Rashid Dar and others Vs Ghulam Qadir Dar and othersCitation: 2023 LiveLaw (JKL) 218The Jammu and Kashmir and Ladakh High Court observed that a counterclaim, once raised by a defendant, possesses an independent status and that even in cases where the primary suit is stayed, discontinued, or dismissed, the counterclaim can continue unabated.Insurance Agents Liable For Errors In Insurance Applications, Must Provide Diligent Assistance To Customers: Jammu & Kashmir High CourtCase Title: Inder Jeet Singh Vs ICICI Lombard and anotherCitation : 2023 LiveLaw (JKL) 219The Jammu and Kashmir High Court held that insurance agents are required to provide careful and diligent assistance to customers while helping them complete insurance applications as intermediaries between clients and insurance companies.Legality Of Award Passed By Labour Court Can't Be Challenged Under Article 226 Of Constitution: Jammu & Kashmir High CourtCase Title: Vishwakarma Gun Works Vs Industrial Tribunal Court and Ors.Citation: 2023 LiveLaw (JKL) 220The Jammu & Kashmir and Ladakh High Court held that the legality or correctness of an Award passed by the Labour Court cannot be challenged under Article 226 of the Constitution of India.The Labour Court assumes the powers of a Civil Court when passing an award under the Industrial Disputes Act. Any orders from a Civil Court can be contested before the High Court only under Article 227 of the Constitution of India, by invoking the supervisory jurisdiction, it held.Nothing Has Improved Even A Decade After Nirbhaya: Jammu & Kashmir High Court Convicts Grandfather Of Raping ToddlerCase Title: BR (name redacted) Vs State of J&KCitation: 2023 LiveLaw (JKL) 221Upholding the conviction of a man accused of raping his one-year-old granddaughter, the Jammu and Kashmir and Ladakh High Court expressed its concern that despite over a decade since the heinous Nirbhaya case, little progress has been made in addressing the increasing crimes against women and children.25 Years On, Jammu & Kashmir High Court Orders Compensation To Landowners Affected By Ranjit Sagar Dam SubmersionCase Title: Vinod Kumar and Others v. State of J&KCitation: 2023 LiveLaw (JKL) 222The Jammu & Kashmir High Court directed the Union Territory to pay compensation to the...

Jammu & Kashmir And Ladakh High Court Weekly Roundup: August 14 - August 20, 2023

Basit Amin Makhdoomi

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