Jammu & Kashmir And Ladakh High Court Weekly Roundup: March 25 - March 31, 2024

Nominal Index:Baseerat-ul-Ain Vs NIA 2024 LiveLaw (JKL) 55Ghar Singh Vs University Of Jammu 2024 LiveLaw (JKL) 56Vijay Singh Vs Surjit Singh 2024 LiveLaw (JKL) 57X” Juvenile V/s Union Territory of J&K 2024 LiveLaw (JKL) 58Director, Rural Development, Kashmir, Srinagar Vs Abdul Qayoom 2024 LiveLaw (JKL) 59Athar Mushtaq Khan Vs UT of J&K 2024 LiveLaw (JKL) 60University of Kashmir Vs Saif-Ud-Din Mir 2024 LiveLaw (JKL) 61Mohd. Mahroof Vs Union Of India 2024 LiveLaw (JKL) 62Sukhdev Singh Vs UT of J&K 2024 LiveLaw (JKL) 63Khazan Singh Vs Baldev Singh 2024 LiveLaw (JKL) 64TASLEEM ARIF Vs UT of J&K 2024 LiveLaw (JKL) 65Munni Vs Presiding Officer Motor Accident Claim Tribunal Kathua 2024 LiveLaw (JKL) 66Zeenat Habib Vs UT of J&K 2024 LiveLaw (JKL) 67Tajinder Singh @ Jinda Vs UT of J&K 2024 LiveLaw (JKL) 68Muneeb Rasool Shenwari Vs RK Goyal & Ors 2024 LiveLaw (JKL) 69Judgments/Orders:[UAPA] Framing Charges By Itself Is Not Sufficient To Deny Bail: J&K High Court Grants Bail To Woman Accused Of Harboring TerroristCase Title: Baseerat-ul-Ain Vs NIACitation: 2024 LiveLaw (JKL) 55Granting bail to a woman accused of harbouring a terrorist the Jammu and Kashmir and Ladakh High Court has observed that framing charges under stringent anti-terror laws is not enough to deny bail if the accused presents a case for release.In allowing her plea for bail a Division bench comprising Justices Tashi Rabstan & Puneet Gupta observed,“The framing of charge against the accused under Section 18 & 19 of the Act by itself shall not be sufficient to reject the bail to the appellant if, prima facie, the Court is of the view that the accused has otherwise made out a case for grant of bail”.Daily-Wager Rendering Continuous Service For Seven Years Cannot Be Classified As "Casual Labor" To Deny Regularization: J&K High CourtCase Title: Ghar Singh Vs University Of JammuCitation: 2024 LiveLaw (JKL) 56The Jammu and Kashmir and Ladakh High Court ruled that a daily wage worker who renders continuous service for more than seven years cannot be classified as "casual labour" and is entitled to benefits like regularization.Clarifying the fine between distinction between the two Justice Sanjeev Kumar observed,“Casual Labour‟ refers to labour whose employment is intermittent, sporadic or extends over short period or continued from one work to another, whereas a “daily rated worker” or “daily wager” is a person, who is engaged for rendering continuous nature of service and is paid wages on daily basis”.Mere Assertion That Property Is Undivided Doesn't Restrict Co-Sharer From Making Construction On Their Portion: J&K High CourtCase Title: Vijay Singh Vs Surjit SinghCitation: 2024 LiveLaw (JKL) 57Clarifying property rights of co-sharers, the Jammu and Kashmir and Ladakh High Court ruled that a mere assertion that the property is undivided doesn't restrict a co-sharer from construction on their portion.A bench of Justice Puneet Gupta maintained that mere raising of construction by one co-sharer in the property does not mean that the other co-sharer will lose his interest in the same because of the aforesaid fact if the property where the construction has been raised on partition otherwise falls in his share.Heinousness Of Crime No Consideration For Granting Bail To Juvenile Must Consider Risk Of Association With Criminals, Juvenile's Safety: J&K High CourtCase Title: X” Juvenile V/s Union Territory of J&KCitation: 2024 LiveLaw (JKL) 58Reaffirming the paramount importance of Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act) the Jammu and Kashmir and Ladakh High Court ruled that the heinousness of the crime or other considerations, typically weighed in adult bail matters, should not influence decisions regarding juvenile bail pleas.[Industrial Disputes Act] Labour Tribunal Competent To Order Reinstatement Of Workman If Order Of Dismissal Found Unjustified: J&K High CourtCase Title: Director, Rural Development, Kashmir, Srinagar Vs Abdul QayoomCitation: 2024 LiveLaw (JKL) 59Emphasising the authority of labour courts and tribunals to order reinstatement the Jammu and Kashmir and Ladakh High Court said that when a worker's dismissal is deemed unjustified the Tribunal may by its award set aside the order of discharge or dismissal and direct reinstatement of the workman.Courts Should Meticulously Scrutinise Procedural Norms In Preventive Detention Cases, Any Deviation From Procedure Should Favour Detenue: J&K High CourtCase Title: Athar Mushtaq Khan Vs UT of J&KCitation: 2024 LiveLaw (JKL) 60Safeguarding civil liberties by quashing a detention order under the Jammu and Kashmir Public Safety Act 1978 (PSA), the Jammu and Kashmir and Ladakh High Court ruled that it is imperative for the Courts to meticulously scrutinize cases involving detention laws, ensuring strict adherence to procedural norms and safeguarding against governmental overreach.Employee Not Approaching Court During Active Service Can't Be A Premise To Treat Similarly ...

Jammu & Kashmir And Ladakh High Court Weekly Roundup: March 25 - March 31, 2024

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