Jammu & Kashmir And Ladakh High Court Weekly Round-Up: December 22 - December 29, 2024

Nominal Index:National Insurance Company Vs Lateef Ahmad Kohli & Ors 2024 LiveLaw (JKL) 347JAMKASH VEHICLEADS KASHMIR PVT LIMITED & ANR Vs. M/S WUERTH INDIA PVT. LTD. & ANR 2024 LiveLaw (JKL) 348Rakesh Kumar Mahajan Vs Sidharth Wazir and others 2024 LiveLaw (JKL) 349Aaqib Rashid Sofi Vs Chairman, Jammu and Kashmir Grameen Bank and others 2024 LiveLaw (JKL) 350Imran Rashid Rather Vs UT Of J&K 2024 LiveLaw (JKL) 351Raj Singh Gehlot Vs The Anti-Corruption Bureau 2024 LiveLaw (JKL) 352Ghulam Ahmad Bhat Vs State of J&K 2024 LiveLaw (JKL) 353Raj Singh Gehlot Vs The Anti-Corruption Bureau 2024 LiveLaw (JKL) 354Tarlok Chand Vs UT Of J&K 2024 LiveLaw (JKL) 355Umar Bashir Khan Vs UT of J&K 2024 LiveLaw (JKL) 356Judgments/Orders:“There Has Been An Increase In Inflation:" J&K High Court Emphasises Revising 'Notional Income' Under Second Schedule Of Motor Vehicles ActCase Title: National Insurance Company Vs Lateef Ahmad Kohli & OrsCitation: 2024 LiveLaw (JKL) 347Recognising the impact of inflation and the devaluation of currency over the years the Jammu and Kashmir and Ladakh High Court has emphasised the need to revise the notional income of non-earning persons as stipulated in the Second Schedule of the Motor Vehicles Act, 1988.A bench of Justice Sanjay Dhar has observed that the notional income of ₹15,000, fixed in 1994, fails to reflect current economic realities and must be reassessed to ensure fair and just compensation for victims of road accidents.Award Passed By Ineligible Arbitrator Can Be Set Aside U/S 34 Of Arbitration Act: Jammu And Kashmir HCCase Title: JAMKASH VEHICLEADS KASHMIR PVT LIMITED & ANR Vs. M/S WUERTH INDIA PVT. LTD. & ANRCitation: 2024 LiveLaw (JKL) 348The Jammu & Kashmir and Ladakh High Court bench of Justice Sanjay Dhar held that award passed by an ineligible arbitrator is liable to be set aside under section 34 of the Arbitration Act.S.92 CPC | Leave Of Court Mandatory Prerequisite For Instituting Suit, Defect Cannot Be Cured Later: J&K High CourtCase Title: Rakesh Kumar Mahajan Vs Sidharth Wazir and othersCitation: 2024 LiveLaw (JKL) 349Reinforcing the mandatory nature of Section 92 of the Civil Procedure Code (CPC) the Jammu and Kashmir and Ladakh High Court stated that the leave of the court is a condition precedent for instituting a suit under this section.A bench of Justice Javed Iqbal Wani emphasized that a suit instituted without such prior leave is void ab initio, and the defect cannot be rectified later, terming it "basic and material."J&K High Court Declares Grameen Bank's ₹2 Lakh Indemnity Bond Condition For New Appointees Void For Violating Banking RegulationsCase Title: Aaqib Rashid Sofi Vs Chairman, Jammu and Kashmir Grameen Bank and others.Citation: 2024 LiveLaw (JKL) 350The Jammu and Kashmir and Ladakh High Court quashed a contentious indemnity bond condition imposed by the Jammu and Kashmir Grameen Bank (JKGB).The court ruled that the condition, which mandated new appointees to execute an indemnity bond of ₹2,00,000 and allowed its encashment upon premature resignation, was not only unauthorized under the Regional Rural Bank Regulations 2010 but also contrary to principles of fairness and public policy.Specific Instances Verifiable By Statements Of Witnesses Essential To Establish “Subjective Satisfaction” For Issuing Detention Orders: J&K High CourtCase Title: Imran Rashid Rather Vs UT Of J&KCitation: 2024 LiveLaw (JKL) 351The Jammu and Kashmir and Ladakh High Court held that the grounds of detention disclosing specific instances verifiable by documents and/or statements of witnesses are essential to establish “subjective satisfaction,” and their absence vitiates detention orders.Such was the finding of Justices Atul Sreedharan and Mohammad Yousuf Wani while setting aside the preventive detention of one Imran Rashid Rather under the Public Safety Act (PSA).J&K Prevention Of Corruption Act | Mere Misuse Of Position By Public Servant Without Dishonest Intent Not 'Abuse' U/S 5(1)(d): High CourtCase Title: Raj Singh Gehlot Vs The Anti-Corruption BureauCitation: 2024 LiveLaw (JKL) 352The High Court of Jammu & Kashmir and Ladakh held that mere misuse of position by a public servant, without dishonest intent, does not constitute abuse under Section 5(1)(d) of the J&K Prevention of Corruption Act. The court clarified that dishonest intent, aimed at securing a pecuniary advantage for oneself or others, is essential to attract the provision's mischief.J&K High Court Reaffirms Quranic Injunctions, Secures Muslim Daughter's Inheritance Rights After 43-Year Legal BattleCase Title: Ghulam Ahmad Bhat Vs State of J&KCitation: 2024 LiveLaw (JKL) 353Underscoring the sanctity of Quranic injunctions concerning inheritance rights the Jammu and Kashmir and Ladakh High Court ruled in favor of a Muslim woman's right to inherit her father's property, resolving a 43-year-long legal battle initiated by the late Mst. Mukhti. The court reaffirmed that the inheritance rights of daughters, as ordained ...

Jammu & Kashmir And Ladakh High Court Weekly Round-Up: December 22 - December 29, 2024

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