Jammu & Kashmir And Ladakh High Court Weekly Roundup: October 21 - October 27, 2024

Nominal Index:Dr Sumit Sabarwal Vs Dr Om Prakash Gupta 2024 LiveLaw (JKL) 282United India Insurance Company Vs Taja Begum 2024 LiveLaw (JKL) 283Shafqat Wani Vs Universal Sompo General Insurance Co. Ltd 2024 LiveLaw (JKL) 284J&K High Court Bar Association, Srinagar, through, Arshad Andrabi Vs State Of J&K 2024 LiveLaw (JKL) 285M/S Multi Trading Agencies v. UT of J&K (and connected matters) 2024 LiveLaw (JKL) 286Pr. Commissioner of Income Tax V/s J & K Power Development Corporation Limited 2024 LiveLaw (JKL) 287Shivali Sharma Vs Army Public School Through Its President AWES 2024 LiveLaw (JKL) 288United Insurance Co Ltd Vs Fatima Begum 2024 LiveLaw (JKL) 289Mehmood Ur Rayaz Bhat Vs UT Of J&K 2024 LiveLaw (JKL) 290Judgments/Orders: Is Letters Patent Appeal Maintainable Against Order Of Single-Judge In Criminal Jurisdiction?: J&K High Court Refers To Larger BenchCase Title: Dr Sumit Sabarwal Vs Dr Om Prakash GuptaCitation: 2024 LiveLaw (JKL) 282To determine whether a Letters Patent Appeal (LPA) under Clause 12 of the Letters Patent applicable to Jammu & Kashmir and Ladakh is maintainable against an order or judgment passed by a Single Judge in criminal jurisdiction, the Division Bench of the Jammu & Kashmir and Ladakh High Court referred the matter to the Chief Justice for further reference to a Larger Bench.Vehicle's Proximity To Accident, Not Its Motion Is Key In Determining Liability Under Motor Vehicles Act: J&K High CourtCase Title: United India Insurance Company Vs Taja BegumCitation: 2024 LiveLaw (JKL) 283The Jammu and Kashmir and Ladakh High Court ruled that the determination of whether an accident has arisen from the use of a motor vehicle depends on whether the accident was reasonably proximate to the vehicle's use, irrespective of whether the vehicle was in motion.Motor Vehicles Act | Cover Note Issued U/S 145 Constitutes Valid 'Certificate Of Insurance' To Establish Insurance Liability: J&K High CourtCase Title: Shafqat Wani Vs Universal Sompo General Insurance Co. Ltd.Citation: 2024 LiveLaw (JKL) 284The Jammu and Kashmir and Ladakh High Court clarified that a Cover Note issued under Section 145 of the Motor Vehicles Act, 1988 (MVA), constitutes a valid 'Certificate of Insurance', to establish the insurance liability.While overturning a Tribunal's decision and holding the insurer liable to pay compensation for an accident that occurred within the policy's coverage period a bench of Justice M. A Chowdhary explained that a 'Certificate of Insurance' includes a Cover Note meeting the prescribed requirements and if multiple certificates are issued for a policy or a copy of a certificate is provided, all such certificates or copies are collectively considered part of the 'Certificate of Insurance.'High Court Dismisses Plea Challenging Amendment to Public Safety Act By 'J&K Bar Association, Srinagar' Due To Lack of Locus StandiCase Title: J&K High Court Bar Association, Srinagar, through, Arshad Andrabi Vs State Of J&KCitation: 2024 LiveLaw (JKL) 285The Jammu and Kashmir and Ladakh High Court, comprising Chief Justice Tashi Rabstan and Justice M.A. Chowdhary dismissed a Public Interest Litigation (PIL) filed by the J&K High Court Bar Association, Srinagar. The PIL, which challenged the validity of the 2018 Amendment to the Jammu & Kashmir Public Safety Act (PSA), was dismissed on the grounds of maintainability and lack of locus standi.S.107(4) CGST Act | Appellate Authority Can't Condone Delay Beyond 30 Days In Filing Appeal But HC May Consider Exceptional Cases: J&K High CourtCase Title: M/S Multi Trading Agencies v. UT of J&K (and connected matters)Citation: 2024 LiveLaw (JKL) 286The Jammu and Kashmir and Ladakh High Court held that the Appellate Authority under the Central Goods and Services Tax Act/ J&K Goods and Services Tax Act cannot condone the delay in filing appeal beyond 30 days.Notice U/S 271(1)(c) Of IT Act Must Specify Whether Penalty Is Against 'Concealment' Of Income Or Furnishing 'Incorrect' Income: J&K High CourtCase Title: Pr. Commissioner of Income Tax V/s J & K Power Development Corporation LimitedCitation: 2024 LiveLaw (JKL) 287The Jammu and Kashmir and Ladakh High Court made it clear that notice to an assessee proposing imposition of penalty under Section 271(1)(c) of the Income Tax Act, 1961 has to clearly specify whether assessee is accused of 'concealing' his income or furnishing 'incorrect' income particulars.Army Public Schools Are Not 'State' Under Article 12, Employment Disputes Not Maintainable Under Writ Jurisdiction: J&K High CourtCase Title: Shivali Sharma Vs Army Public School Through Its President AWESCitation: 2024 LiveLaw (JKL) 288The Jammu & Kashmir and Ladakh High Court ruled that Army Public Schools (APS) and their governing body, the Army Welfare Education Society (AWES), do not qualify as the "State" under Article 12 of the Indian Constitution.Consequently, a bench of Justice Wasim Sadiq Nargal clarified that employment disputes concerning APS teachers, governed...

Jammu & Kashmir And Ladakh High Court Weekly Roundup: October 21 - October 27, 2024

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