Jammu & Kashmir And Ladakh High Court Weekly Roundup: August 5 - August 11, 2024

Nominal Index [Citations 219 - 229]:Nazir Ahmad Mir Vs State of J&K 2024 LiveLaw (JKL) 219Abdul Qayoom Mugloo Vs Irfana & Ors 2024 LiveLaw (JKL) 220Bashir Ahmad Sheikh Vs Mehran Ibn Bashir and Ors 2024 LiveLaw (JKL) 221R6 Technologies Private Vs UT of J&K 2024 LiveLaw (JKL) 222Abrar Ahmad Tantray Versus State of J&K 2024 LiveLaw (JKL) 223Gautam Anand Vs Union Of India 2024 LiveLaw (JKL) 224Dr Afaq Ahmad Khan Vs UT of J&K 2024 LiveLaw (JKL) 225Hem Raj Vs UT of J&K & Ors 2024 LiveLaw (JKL) 226Gourav Khajuria Vs UT of J&K 2024 LiveLaw (JKL) 227National Investigation Agency Vs Abid Mushtaq Mir 2024 LiveLaw (JKL) 229Judgments/Orders:Dialogue Between Accused And Court Is Essential For Fair Trial: J&K High Court Sets Aside Conviction, Orders RetrialCase Title: Nazir Ahmad Mir Vs State of J&KCitation: 2024 LiveLaw (JKL) 219Underscoring the importance of a robust dialogue between the accused and the court during a criminal trial the Jammu and Kashmir and Ladakh High Court emphasised that the non-compliance with JSection 342 (Pari Materia with Sec 313 of CrPC 1973) of the Criminal Procedure Code (CrPC) had prejudiced the accused and necessitated a retrial.Past Cohabitation Sufficient To Establish Domestic Relationship Under Domestic Violence Act: J&K High CourtCase Title: Abdul Qayoom Mugloo Vs Irfana & OrsCitation: 2024 LiveLaw (JKL) 220The Jammu & Kashmir and Ladakh High Court ruled that a domestic relationship under the Domestic Violence Act (DV Act), can be established through past cohabitation, and current cohabitation is not a requirement for the same.Mother Being A Working Lady Does Not Absolve Father Of Maintenance Responsibilities Towards Children: J&K High CourtCase Title: Bashir Ahmad Sheikh Vs Mehran Ibn Bashir and OrsCitation: 2024 LiveLaw (JKL) 221The Jammu & Kashmir and Ladakh High Court ruled that a father is obligated to maintain his children, even if the mother is employed, reaffirming that a father's financial responsibilities towards his children remain intact irrespective of the mother's employment status.'Unsuccessful Bidders Making Mountains Out Of Molehills': J&K High Court Dismisses Plea Challenging Tender Of Rooftop Solar SchemesCase Title: R6 Technologies Private Vs UT of J&KCitation: 2024 LiveLaw (JKL) 222The Jammu and Kashmir and Ladakh High Court dismissed a challenge to the Rooftop Solar Schemes (RTS) tender process. In a strong rebuke, the court rejected claims made by unsuccessful bidders who had exaggerated minor technical or procedural issues to justify judicial intervention.Enterprises Engaged In Hazardous Activities Strictly Liable For Accidents: J&K HC Orders ₹20 Lakh Compensation For Youth Electrocuted By TransformerCase Title: Abrar Ahmad Tantray Versus State of J&KCitation: 2024 LiveLaw (JKL) 223The Jammu and Kashmir High Court reinforced the doctrine of strict liability in a ruling, emphasizing that enterprises engaging in hazardous or inherently dangerous activities are “strictly and absolutely” liable to compensate individuals harmed by accidents resulting from such activities."No Instances Of Encroachment": J&K High Court Dismisses Plea Seeking Restoration Of Allegedly Encroached Land Belonging To Ancient Hindu TemplesCase Title: Gautam Anand Vs Union Of IndiaCitation: 2024 LiveLaw (JKL) 224The Jammu and Kashmir and Ladakh High Court dismissed a Public Interest Litigation (PIL) alleging the encroachment of land belonging to ancient Hindu temples by the mafia and other property dealers.Candidate Whose Appointment Is Delayed Due To Departmental Lapses Cannot Be Disadvantaged, Denied Promotion Eligibility: J&K High CourtCase Title: Dr Afaq Ahmad Khan Vs UT of J&KCitation: 2024 LiveLaw (JKL) 225The Jammu and Kashmir and Ladakh High Court ruled that a direct recruit whose appointment is delayed due to departmental laches cannot be denied retrospective appointment or promotion eligibility from the date on which other candidates from the same selection process were appointed.Appellate Authority Must Consider Application For Condonation Of Delay Before Addressing Merits Of Time-Barred Appeal: J&K High CourtCase Title: Hem Raj Vs UT of J&K & OrsCitation: 2024 LiveLaw (JKL) 226Underlining a crucial procedural requirement regarding time-barred appeals, the High Court of Jammu and Kashmir and Ladakh maintained that appellate authorities must first adjudicate applications for condonation of delay before addressing the merits of a time-barred appeal or the operation of an impugned order.Drug Possession | Degree Of Evidence To Justify Preventive Detention Under PITNDPS Much Lower Than Other Detention Laws: J&K High CourtCase Title: Gourav Khajuria Vs UT of J&KCitation :2024 LiveLaw (JKL) 227The Jammu and Kashmir and Ladakh High Court emphasized that the degree of evidence required to justify preventive detention under the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1998 (PITNDPS Act), is considerably lower than what might be needed under other...

Jammu & Kashmir And Ladakh High Court Weekly Roundup: August 5 - August 11, 2024

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