Jammu & Kashmir And Ladakh High Court Weekly Round-Up: July 24 - July 30

Nominal indexSanjay Sharma Vs UT ofJ&K 2023 LiveLaw (JKL) 191Subash Chander Vs State of J&K 2023 LiveLaw (JKL) 192Pr. Commissioner of Income Tax Vs M/S The J&K Bank Ltd. 2023 LiveLaw (JKL) 193Khalid Amin Kohli Vs UT of J&K 2023 LiveLaw (JKL) 194Raj Kumar Gupta Vs Bank of India & Ors 2023 LiveLaw(JKL) 195Mohhamd Rafiq Khan Vs PNB 2023 LiveLaw (JKL) 196Abdul Rashid Wani Vs UT of J&K 2023 LiveLaw (JKL) 197Raj Ali and Others Vs Union Of India & Ors 2023 LiveLaw (JKL) 198Judgments/OrdersJammu & Kashmir High Court Sets Aside "Unceremonious Disengagement" Of Special Police Officer For Non-Compliance Of Natural Justice PrinciplesCase Title: Sanjay Sharma Vs UT ofJ&KCitation: 2023 LiveLaw (JKL) 191The Jammu & Kashmir High Court quashed the dismissal of a Special Police Officer (SPO) and reinstated him to his position, reiterating that adherence to the principles of natural justice is nothing but common sense justice.“…You cannot condemn a person to suffer an adverse consequence in the context of his public position/employment without affording him/her an opportunity of knowing the basis upon which a purported adverse action is aimed to be taken against him/her thereby serve him/her with an opportunity to explain his/her position vis-à-vis the adverse civil consequence conceived to emerge”, Justice Rahul Bharti observed.Traditional Families Hesitant To Report Crimes Involving Dignity Of Young Woman: Jammu & Kashmir High CourtCase Title: Subash Chander Vs State of J&KCitation: 2023 LiveLaw (JKL) 192The Jammu & Kashmir and Ladakh High Court highlighted the hesitancy of traditional families to report cases concerning the dignity of young women to the police, fearing it might jeopardize their own honour. The court emphasised that a slight delay in lodging an FIR in such cases should not be deemed fatal for the prosecution case.“…Wherein dignity of a woman that too of a younger age is involved, the traditional families are hesitant to report such matters to the police putting their honour and dignity also at stake, therefore the delay of a single day in lodging of FIR, in the considered opinion of this court, by no stretch of imagination, can be said to be inordinate delay, so as to be fatal for the prosecution case”, Justice M A Chowdhary observed.Jammu Development Authority Is Creation Of Statute, Exempt From TDS Deduction On Interest U/S 194A(1) Income Tax Act: High CourtCase Title: Pr. Commissioner of Income Tax Vs M/S The J&K Bank Ltd.Citation: 2023 LiveLaw (JKL) 193The Jammu & Kashmir High Court ruled that the Jammu Development Authority (JDA) is to be considered a corporation established under the State Act and thus is exempt from the operation of Section 194A(1) of the Income Tax Act, 1961.“...The JDA is not incorporated like the company which is incorporated under the Companies Act or the Cooperative Society which is registered under the Cooperative Societies Act. The JDA is a statutory body….There can hardly be any dispute that JDA is a corporation constituted under the State Act i.e the Development Act 1970. S.O 3489 of 1970 clearly notifies a corporation established by a Central, State or Provincial Act exempt from the operation of sub-section (1) of Section 194A of the Act’, Justices Sanjeev Kumar & Javed Iqbal Wani observed.S.482 CrPC Cannot Be Invoked To Challenge Proceedings Initiated U/S 12 J&K Domestic Violence Act: High CourtCase Title: Khalid Amin Kohli Vs UT of J&KCitation: 2023 LiveLaw (JKL) 194The Jammu & Kashmir High Court held that Section 482 of the Code of Criminal Procedure (CrPC) cannot be used to challenge the proceedings initiated under Section 12 of the Jammu and Kashmir Protection of Women From Domestic Violence Act, 2010 or the orders passed thereunder.S.34 SARFAESI Act Bars Grant Of Injunction By Civil Court For Actions Taken Under The Act: Jammu & Kashmir High CourtCase Title: Raj Kumar Gupta Vs Bank of india & Ors.Citation: 2023 LiveLaw(JKL) 195The Jammu and Kashmir High Court ruled that no injunction shall be granted by any court in respect of any action taken or to be taken in pursuance of any power conferred under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act).“Section 34 of the SARFAESI Act creates a bar and provides that no injunction shall be granted by any court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this Act or under the recovery of debts due to the bank and Financial Institution Act, 1993”, a bench of Justice Wasim Sadiq Nargal observed.Order XXII CPC For Bringing On Record Legal Heirs Of Deceased Party Apply To Proceedings For Restoration Of Suit: J&K High CourtCase Title: Mohhamd Rafiq Khan Vs PNB &Citation: 2023 LiveLaw (JKL) 196The Jammu & Kashmir and Ladakh High Court clarified that the applicability of Order XXII of the Civil Procedure Code (CPC) which govern the procedure for bringing on record the legal representatives of...

Jammu & Kashmir And Ladakh High Court Weekly Round-Up: July 24 - July 30

Basit Amin Makhdoomi

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