Ghulam Rasool Sofi Vs State Of J&k 2023 LiveLaw (JKL) 199

Mohammad Younis Mir Vs Union Territory of J&K & Anr 2023 LiveLaw (JKL) 200

Ravinder Kumar Vs State of J&K 2023 LiveLaw (JKL) 201

Shahbaz Ahmad Palla 2023 LiveLaw (JKL) 202

Yoginder Singh Vs Union Of India 2023 LiveLaw (JKL) 203

Imran Nabi Wani Vs UT of J&K 2023 LiveLaw (JKL) 204

State Of J&K Vs Shailender Singh 2023 LiveLaw (JKL) 205

Bijay Oraon Vs Union Of India 2023 LiveLaw (JKL) 206

Zahoor Ahmad Wani Vs UT of J&K 2023 LiveLaw (JKL) 207

Abdul Rashid Bhat Vs Finanacial Commissioner 2023 LiveLaw (JKL) 208

Shahnawaz Ahmad Vs Union Of India 2023 LiveLaw (JKL) 209

Mudasir Nazir Vs University Of kashmir 2023 LiveLaw (JKL) 210

State Of J&K vs Narayan Dutt 2023 LiveLaw (JKL) 211

Abdul Hameed Ganie @ Dr.Hameed Fayaz vs. State of J&K 2023 LiveLaw (JKL) 212

Sarwa Begum and Ors. (LRs of Late Shabir Ahmad Dar) Vs State of J&K and Ors 2023 LiveLaw (JKL) 213

Jammu and Kashmir National Conference through its General Secretary Ali Mohammad Sagar Vs UT of J&K 2023 LiveLaw (JKL) 214

MANAGING DIRECTOR JK HANDICRAFTS Vs AGA SYED MUSTAFA & ANR 2023 LiveLaw (JKL) 215

Aamir Javid Waza and ors. Vs Gousia Jan and Ors 2023 LiveLaw (JKL) 216

MOHAMMAD ASHRAF RESHI Vs STATE OF J&K 2023 LiveLaw (JKL) 217

Abdul Rashid Dar and others Vs Ghulam Qadir Dar and others 2023 LiveLaw (JKL) 218

Inder Jeet Singh Vs ICICI Lombard and another 2023 LiveLaw (JKL) 219

Vishwakarma Gun Works Vs Industrial Tribunal Court and Ors 2023 LiveLaw (JKL) 220

BR (name redacted) Vs State of J&K 2023 LiveLaw (JKL) 221

Vinod Kumar and Others v. State of J&K 2023 LiveLaw (JKL) 222

IRSHAD AHMAD QURESHI & ANR Vs. STATE OF J&K & OTHERS 2023 LiveLaw (JKL) 223

Gul Mohammad and Ors Vs State of J&K and Ors 2023 LiveLaw (JKL) 224

Noor Illahi Fakhtoo vs UT of J&K and Ors 2023 LiveLaw (JKL) 225

Surjeet Singh Vs Sheikh Behzad Khalid & others 2023 LiveLaw (JKL) 226

Nazir Ahmad Ganie and Another Vs Mohammad Amin Ganie 2023 LiveLaw (JKL) 227

Haseena Akhter Vs. Union Territory of J&K & Anr 2023 LiveLaw (JKL) 228

Mian Khan and Others Vs UT of J&K 2023 LiveLaw (JKL) 229

Mohammad Amin Wani vs. UT Of J&K 2023 LiveLaw (JKL) 230

Gupta Modern Breweries Vs State of J&K 2023 LiveLaw (JKL) 231

Tawqeer Bashir Magray Vs. Union Territory of J&K & Anr 2023 LiveLaw (JKL) 232

M/S CADILA HEALTH CARE LTD. Vs PRESIDING OFFICER & ANR 2023 LiveLaw (JKL) 233

SSP Kathua Vs Baghwan Das 2023 LiveLaw (JKL) 234

BOCA Jammu Vs Nageen Ara 2023 LiveLaw (JKL) 235

State of J&K and others Vs Smt. Manjeet Kour and others 2023 LiveLaw (JKL) 236

Vinkal Sharma and others V/s UT of J&K and others 2023 LiveLaw (JKL) 237

Judgments/Orders:

J&K High Court Refuses To Implement Human Rights Commission's Recommendation To Compensate Father Of Youth Killed By Security Agencies

Case Title: Ghulam Rasool Sofi Vs State Of J&k

Citation: 2023 LiveLaw (JKL) 199

The Jammu and Kashmir & Ladakh High Court refused to implement the recommendation made by State Human Rights Commission to compensate the father of a youth killed by Indian Securities Agencies.

Those Responsible For National Security Sole Judges Of What Preventive Actions Are Necessary: Jammu & Kashmir High Court Upholds Detention Order

Case Title: Mohammad Younis Mir Vs Union Territory of J&K & Anr.

Citation: 2023 LiveLaw (JKL) 200

The Jammu and Kashmir High Court emphasised on its limited scope to look into the manner in which the subjective satisfaction is arrived at by the detaining authority to order preventive detention of a person.

“The courts do not even go into the questions as to whether the facts mentioned in the grounds of detention are correct or false. The reason for the rule is that to decide this, evidence may have to be taken by the courts and that it is not the policy of the law of preventive detention. This matter lies within the competence of the advisory board. Those who are responsible for national security or for maintenance of public order must be the sole judges of what the national security, public order or security of the State requires”, Justice M A Chowdhary observed.

Jammu & Kashmir High Court Quashes Order Repatriating Employee To Parent Department After 21 Yrs

Case Title: Ravinder Kumar Vs State of J&K

Citation: 2023 LiveLaw (JKL) 201

Shedding light on the law related to the timeframe for repatriating an employee to his parent department after his deputation, the Jammu & Kashmir High Court ruled that an employee, who has been permanently absorbed into a borrowing department/organization and whose lien has been terminated in their parent organization cannot be repatriated to their parent organization.

“Once the petitioner who has been sent on deputation is absorbed in the borrowing department/organization and his lien in the parent department stood terminated, his repatriation, subsequently, after 21 years by virtue of order impugned is dehors the service rules and is illegal”, observed Justice Wasim Sadiq Nargal.

"Fundamentalist Muslim Cannot Be Equated With An Extremist Or A Separatist": Jammu & Kashmir High Court

Case Title: Shahbaz Ahmad Palla.

Citation: 2023 LiveLaw (JKL) 202

"A fundamentalist Muslim cannot be equated with an extremist or a separatist," the Jammu & Kashmir and Ladakh High Court observed recently.

The remarks were made by single bench of Justice Atul Sreedharan while dealing with a petition challenging preventive detention of a 22 years old Muslim man inter alia on the ground that he has become a “hard core fundamentalist” and voluntarily agreed to work as Over Ground Worker of the TRF (The Resistance Front), alleged LeT outfit.

CRPF | Heavy & Onerous Responsibility On Disciplinary Authority To Ensure Punishment Proportionate To Misconduct: Jammu & Kashmir High Court

Case Title: Yoginder Singh Vs Union Of India

Citation: 2023 LiveLaw (JKL) 203

Emphasising the vital role of the Disciplinary Authority in ensuring that punishments imposed on delinquent officials are proportionate to their misconduct, the Jammu & Kashmir and Ladakh High Court quashed the dismissal order of a paramilitary personnel.

Jammu & Kashmir High Court Upholds Preventive Detention Of Man Accused In Srinagar DySP Lynching Case

Case Title: Imran Nabi Wani Vs UT of J&K

Citation: 2023 LiveLaw (JKL) 204

The Jammu and Kashmir High Court on upheld the preventive detention of a man who is also the main accused in the DySP lynching case that occurred in Srinagar's Nowhatta area in 2017.

'In Case Based On Circumstantial Evidence, Motive Assumes Importance': Jammu & Kashmir HC Upholds Acquittal In 15 Yrs Old Murder Case

Case Title: State Of J&K Vs Shailender Singh

Citation: 2023 LiveLaw (JKL) 205

The Jammu & Kashmir and Ladakh High Court upheld the acquittal of a murder accused in a 15 years old case that was based on circumstantial evidence, stating the prosecution failed to show an unbroken chain of events to prove the guilt of the accused.

“Where a series of circumstances are dependent on one another, they are to be read as one ingredient as a whole and not separately as it is not possible for a Court to truncate and break the chain of circumstances as the very concept of proof of circumstantial evidence would be defeated, in that event and where the circumstantial evidence consist of chain of continued circumstances linked with one another, the Court has to take cumulative evidence of the prosecution before acquitting or convicting the accused”, a bench of Justices Sanjeev Kumar & Justice Javed Iqbal Wani observed.

Non-Disclosure Of Material Information By Probationer Sufficient Ground For Termination Without Formal Enquiry: Jammu & Kashmir High Court

Case Title: Bijay Oraon Vs Union Of India

Citation: 2023 LiveLaw (JKL) 206

The Jammu & Kashmir High Court has ruled that non-disclosure of material information or submission of false information by a government employee, especially in a belt force like the Central Reserve Police Force (CRPF), can be sufficient ground for termination without the need for a formal enquiry, if the employee is on probation.

“…Even if the employer comes to know about the adverse antecedents of an employee during probation period, it shall be open to the employer to exercise his powers under sub-rule (1) of Rule 5 of the Rules of 1965 and discharge the probationer without assigning any reason”, Justice Sanjay Dhar emphasised.

UAPA | Jammu & Kashmir High Court Issues Guidelines To Expedite Trials Especially During Stage Of Prosecution Evidence

Case Title: Zahoor Ahmad Wani Vs UT of J&K

Citation: 2023 LiveLaw (JKL) 207

The Jammu & Kashmir High Court issued a set of guidelines to Trial Courts in the State to expedite trials, especially during the stage of prosecution evidence.

Notaries Empowered To Attest Affidavits For Writ Proceedings Before High Court: Jammu & Kashmir HC

Case Title: Abdul Rashid Bhat Vs Finanacial Commissioner

Citation: 2023 LiveLaw (JKL) 208

The Jammu & Kashmir High Court upheld the validity of affidavits attested by Notaries appointed under the Notaries Act 1952 for use in writ proceedings before the High Court.

“Rule 181 of the High Court Rules makes the provisions of Section 139 of the Code of Civil Procedure applicable to affidavits intended to be used in the High Court. Thus, a Notary appointed under the Notaries Act is empowered to attest an affidavit which is intended to be used in the High Court.”, the bench said.

CRPF | Mere Receipt Of Termination Order In Kashmir Doesn't Confer Jurisdiction To Hear Challenge Against Order Passed In Patna: J&K High Court

Case Title: Shahnawaz Ahmad Vs Union Of India

Citation: 2023 LiveLaw (JKL) 209

The Jammu and Kashmir and Ladakh High Court refused to hear challenge to an order passed by CRPF commandant in Patna terminating the services of a personnel, merely because the latter received such order in Kashmir.

A single bench of Justice Sanjay Dhar observed,

"In the instant case, the order whereby the petitioner has been declared as a ‘deserter’ has been passed by Commandant of 134 Bn. CRPF at Gulzarbagh Patna, Bihar. The impugned order of termination of services of the petitioner has been passed by the Commandant at Ranchi Jharkhand and the enquiry proceedings have also taken place at Ranchi Jharkhand. All these places are beyond the territorial jurisdiction of this Court."

[Section 104 CPC] Jammu & Kashmir High Court Says Power Of Appellate Court Circumscribed In Injunction Matters

Case Title: Mudasir Nazir Vs University Of kashmir

Citation: 2023 LiveLaw (JKL) 210

The Jammu and Kashmir and Ladakh High Court ruled that an appellate court should be hesitant to intervene and overturn the lower court's decision in injunction applications, solely on the notion that it might have reached a different conclusion if it had considered the matter initially.

It emphasised that if the trial court exercises its discretion reasonably and judiciously, the appellate court should not interfere with its authority and jurisdiction.

J&K Civil Service Regulations | Competent Authority Must Form Bonafide Opinion Based On Relevant Record For Compulsory Retirement: High Court

Case Title: State Of J&K vs Narayan Dutt

Citation: 2023 LiveLaw (JKL) 211

The Jammu and Kashmir and Ladakh High Court ruled that to enforce an order of 'compulsory retirement' upon a government servant, the competent authority must reach a bona fide opinion, based on relevant material, that such order is necessary in public interest.

“Merely because the committee has made recommendations for retirement of writ petitioner, he cannot be compulsorily retired unless the competent authority comes to a conclusion after forming a bona fide opinion of its own that the writ petitioner can be subjected to compulsory retirement in the interest of the institution”, a bench of Justices Tashi Rabstan and Mohan Lal observed.

Jammu & Kashmir High Court Upholds Preventive Detention Of Alleged Leader Of Banned Organization Jamat-e-Islami

Case Title: Abdul Hameed Ganie @ Dr.Hameed Fayaz vs. State of J&K

Citation: 2023 LiveLaw (JKL) 212

The Jammu and Kashmir High Court upheld the preventive detention order issued against Ab. Hameed Ganie, allegedly former "Ameer" (leader) of banned organization Jamat-e-Islami. The detention order was passed by District Magistrate, Shopian on September 16, 2022, under the provisions of J&K Public Safety Act, 1978.

“Having glance of the grounds of detention, it is clear that right from the college life the detenue was involved in anti-national activities. His affiliation with banned organization Jamat-e-Islami and holding the different positions in the said organization with an aim and purpose to liberate the State of J&K from India and annex it with Pakistan. His inclination towards secessionist elements gave him a place in Jamat-e- Islami which is a banned organization, of which he was an active member”, Justice M A Chowdhary observed.

Employee Free To Challenge Conditions Of Appointment Order If They Are Not In Conformity With Law: Jammu & Kashmir High Court

Case Title: Sarwa Begum and Ors. (LRs of Late Shabir Ahmad Dar) Vs State of J&K and Ors.

Citation: 2023 LiveLaw (JKL) 213

The Jammu and Kashmir and Ladakh High Court upheld the right of an employee to challenge the conditions of his/her appointment order in case the same is not in conformity with law.

A single bench of Justice Wasim Sadiq Nargal observed,

"Once, the respondents have admitted their mistake of granting the lower pay scale to the petitioner in spite of the fact that the petitioner was entitled for the higher grade being diploma holder, then it was incumbent on the part of the respondents to have rectified their mistake by granting him the benefit of the said grade retrospectively from the date when the petitioner came to be appointed along with all consequential benefits."

LAHDC Elections: High Court Directs Ladakh Authorities To Allow J&K National Conference Candidates To Contest On Reserved Symbol 'Plough'

Case Title: Jammu and Kashmir National Conference through its General Secretary Ali Mohammad Sagar Vs UT of J&K

Citation: 2023 LiveLaw (JKL) 214

The Jammu and Kashmir High Court directed the Union Territory (UT) of Ladakh to let candidates of the J&K National Conference (JKNC) contest on their reserved election symbol 'Plough' in the upcoming Ladakh Autonomous Hill Development Council (LAHDC) elections.

Industrial Disputes Act | Employer's Failure To Assign Work To Employee Deemed Retrenchment: Jammu & Kashmir High Court

Case Title: MANAGING DIRECTOR JK HANDICRAFTS Vs AGA SYED MUSTAFA & ANR.

Citation: 2023 LiveLaw (JKL) 215

The Jammu & Kashmir and Ladakh High Court ruled that even if an employer corporation does not explicitly issue a termination order, its behaviour of not assigning work to an employee while doing so for others can still be considered as retrenchment under the Industrial Disputes Act of 1947.

Justice Sanjay Dhar added that any cessation of a workman's service, apart from voluntary retirement, reaching superannuation, or termination due to ill health, is encompassed within the definition of retrenchment.

'Temporary Residence' Under Domestic Violence Act Includes Victim's Shelter Amidst Matrimonial Home Turmoil: Jammu & Kashmir High Court

Case Title: Aamir Javid Waza and ors. Vs Gousia Jan and Ors.

Citation: 2023 LiveLaw (JKL) 216

Clarifying the interpretation of the term "temporary residence" under the Protection of Women from Domestic Violence Act, 2005, the Jammu and Kashmir and Ladakh High Court emphasized that a "temporary residence" encompasses situations where an individual is compelled to find refuge due to domestic violence, or where they have been forced out of their matrimonial home.

Using Higher Denomination Note For Goods Of Lower Value Insufficient To Prove Knowledge For Possessing Counterfeit Currency: J&K High Court

Case Title: MOHAMMAD ASHRAF RESHI Vs STATE OF J&K

Citation: 2023 LiveLaw (JKL) 217

The Jammu & Kashmir and Ladakh High Court recently observed that tendering a higher denomination currency note for goods of lower value is common practice and does not necessarily indicate knowledge of forged notes.

Justice Sanjay Dhar added that no liability can be imposed under Sections 489B and 489C of the RPC unless it is proven that the person in possession or using forged currency notes had knowledge or reason to believe they were counterfeit.

Counterclaims Have Independent Status, Can Continue Despite Dismissal Of Primary Suit: Jammu & Kashmir High Court

Case Title: Abdul Rashid Dar and others Vs Ghulam Qadir Dar and others

Citation: 2023 LiveLaw (JKL) 218

The Jammu and Kashmir and Ladakh High Court observed that a counterclaim, once raised by a defendant, possesses an independent status and that even in cases where the primary suit is stayed, discontinued, or dismissed, the counterclaim can continue unabated.

Insurance Agents Liable For Errors In Insurance Applications, Must Provide Diligent Assistance To Customers: Jammu & Kashmir High Court

Case Title: Inder Jeet Singh Vs ICICI Lombard and another

Citation : 2023 LiveLaw (JKL) 219

The Jammu and Kashmir High Court held that insurance agents are required to provide careful and diligent assistance to customers while helping them complete insurance applications as intermediaries between clients and insurance companies.

Legality Of Award Passed By Labour Court Can't Be Challenged Under Article 226 Of Constitution: Jammu & Kashmir High Court

Case Title: Vishwakarma Gun Works Vs Industrial Tribunal Court and Ors.

Citation: 2023 LiveLaw (JKL) 220

The Jammu & Kashmir and Ladakh High Court held that the legality or correctness of an Award passed by the Labour Court cannot be challenged under Article 226 of the Constitution of India.

The Labour Court assumes the powers of a Civil Court when passing an award under the Industrial Disputes Act. Any orders from a Civil Court can be contested before the High Court only under Article 227 of the Constitution of India, by invoking the supervisory jurisdiction, it held.

Nothing Has Improved Even A Decade After Nirbhaya: Jammu & Kashmir High Court Convicts Grandfather Of Raping Toddler

Case Title: BR (name redacted) Vs State of J&K

Citation: 2023 LiveLaw (JKL) 221

Upholding the conviction of a man accused of raping his one-year-old granddaughter, the Jammu and Kashmir and Ladakh High Court expressed its concern that despite over a decade since the heinous Nirbhaya case, little progress has been made in addressing the increasing crimes against women and children.

25 Years On, Jammu & Kashmir High Court Orders Compensation To Landowners Affected By Ranjit Sagar Dam Submersion

Case Title: Vinod Kumar and Others v. State of J&K

Citation: 2023 LiveLaw (JKL) 222

The Jammu & Kashmir High Court directed the Union Territory to pay compensation to the landowners whose properties were submerged due to the construction of the Ranjit Sagar Dam (also known as Thein Dam Project) over 25 years ago.

Justice Wasim Sadiq Nargal added that the petitioners should not have to wait for intergovernmental settlements for the disbursement obligated to them.

Simultaneous Prosecution Under PMLA, UAPA Not Double Jeopardy: Jammu & Kashmir High Court

Case Title: IRSHAD AHMAD QURESHI & ANR Vs. STATE OF J&K & OTHERS

Citation: 2023 LiveLaw (JKL) 223

Emphasizing that the offence under Section 3 of the Prevention of Money Laundering Act (PMLA) is distinct and independent from offences under the Unlawful Activities (Prevention) Act (UAP Act), the Jammu and Kashmir and Ladakh High Court held that simultaneous prosecution under both laws does not amount to double jeopardy.

J&K Land Acquisition Act | Deputy Commissioner Not Authorized To Make Section 6 Declarations On 'Public Purpose': High Court

Case Title: Gul Mohammad and Ors Vs State of J&K and Ors.

Citation: 2023 LiveLaw (JKL) 224

Shedding light on crucial aspects of the land acquisition process under the J&K Land Acquisition Act, 1990, the Jammu and Kashmir and Ladakh High Court held that a Deputy Commissioner exercising the powers of a particular district has not been delegated with the power to make a declaration under Section 6 of the Act which is conclusive evidence that the land is needed for public purpose.

"Useless Formality Theory": J&K High Court Says Post-Decisional Hearing Can Remove Procedural Deficiency Of Pre-Decisional Hearing

Case Title: Noor Illahi Fakhtoo vs UT of J&K and Ors.

Citation: 2023 LiveLaw (JKL) 225

The Jammu and Kashmir High Court observed that the "Useless Formality Theory" would be relevant in cases where a party's case lacks substance or chances of success are slim, and applying natural justice principles would not change the outcome.

The Bench comprising Justice Javed Iqbal Wani clarified that even in such cases, taking recourse to a post-decisional hearing can fix procedural flaws and ensure fairness.

Mistake Of Fact Or Law Not Ground To Entertain Article 227 Petition Unless There Is Manifest Miscarriage Of Justice: Jammu & Kashmir High Court

Case Title: Surjeet Singh Vs Sheikh Behzad Khalid & others

Citation: 2023 LiveLaw (JKL) 226

The Jammu and Kashmir High Court underscored that a petition under Article 227 of the Constitution cannot be invoked merely on the basis of personal dissatisfaction with court orders.

Justice Puneet Gupta stressed that orders cannot be set aside without substantial grounds, and even errors of fact or law may not warrant interference unless they result in a clear miscarriage of justice.

Appellant Should Also Challenge Decree Not Just Judgment U/S 96 CPC: Jammu & Kashmir High Court

Case Title: Nazir Ahmad Ganie and Another Vs Mohammad Amin Ganie

Citation: 2023 LiveLaw (JKL) 227

The Jammu and Kashmir High Court highlighted that an appeal must challenge the decree passed by the original court, not just the judgment as mandated by Section 96 of the Code of Civil Procedure (CPC).

Justice Puneet Gupta emphasised that the responsibility to challenge the decree rested with the appellants and that their failure to do so within the stipulated time period could not be excused.

Engaged In Anti-National Activities Since Tender Age: J&K High Court Upholds Detention Of Alleged Dukhtaran-e-Milat Operative

Case Title: Haseena Akhter Vs. Union Territory of J&K & Anr.

Citation: 2023 LiveLaw (JKL) 228

The Jammu and Kashmir High Court upheld a preventive detention order issued against Haseena Akhter who is allegedly associated with the banned outfit Dukhtaran-e-Milat.

Justice M.A Chowdhary upheld the detention order upon finding that the detenu was involved in anti-national activities from a young age and her activities posed a potential threat to the security of the State, justifying her detention under the Public Safety Act.

Jammu & Kashmir High Court Imposes 1 Lakh Penalty On State For Bypassing Land Acquisition Procedures

Case Title: Mian Khan and Others Vs UT of J&K

Citation: 2023 LiveLaw (JKL) 229

Coming down heavily against the state administration for forcibly acquiring land without due process and compensation, the Jammu and Kashmir High Court imposed a penalty of Rs. 1 lakh on the state for violating the constitutional right to property.

Justice Wasim Sadiq Nargal emphasised that property rights are a cornerstone of a democratic society governed by the rule of law and that the state cannot arrogate itself power beyond the boundaries set by the Constitution.

Court Can Review Detention Orders Despite Detaining Authority's Subjective Satisfaction: Jammu & Kashmir High Court

Case Title: Mohammad Amin Wani vs. UT Of J&K

Citation: 2023 LiveLaw (JKL) 230

While acknowledging the principle of not ordinarily interfering with the detaining authority's subjective satisfaction, the Jammu and Kashmir and Ladakh High Court clarified that this principle does not preclude the court from examining the material that forms the basis of detention.

Justice Puneet Gupta found that while the detention order need not be preceded by a police case, the vague allegations against the petitioner were not supported by sufficient evidence and concluded that the detention order did not meet the requisite legal standards.

J&K Distillery Rules | State Can't Levy Excise Duty On Rectified Spirit Unfit For Human Consumption: High Court

Case Title: Gupta Modern Breweries Vs State of J&K

Citation: 2023 LiveLaw (JKL) 231

The Jammu and Kashmir High Court has ruled that the State does not possess the requisite legislative competence to impose Excise Duty on rectified spirit not suitable for human consumption as per Rules 107 and 108 of the Jammu & Kashmir Distillery Rules.

Justice Moksha Khajuria Kazmi interpreted the Jammu and Kashmir Excise Act to allow Excise Duty only on spirits that had passed certain production and distillation stages and were fit for human consumption.

Drug Abuse An Epidemic Among Youth: Jammu & Kashmir High Court Calls For Collective Action

Case Title: Tawqeer Bashir Magray Vs. Union Territory of J&K & Anr.

Citation: 2023 LiveLaw (JKL) 232

Upholding the detention order of a petitioner found engaged in illicit drug trafficking, the Jammu and Kashmir High Court emphasised the need for joint efforts from the concerned agencies and community leaders to combat the growing menace of drug abuse, particularly among the youth.

Justice M A Chowdhary observed,

“The epidemic of drug abuse in younger generation has assumed alarming dimensions in the country. Prevention of drug abuse among adolescents requires awareness about its destructive results. To overcome the menace of drug abuse, concerned agencies hand-in-hand with the community heads are required to come forward and deal with this menace with iron hand to save the society more particularly the young generation and families.”

Termination Order Cannot Be Challenged U/S 33C(2) Of Industrial Disputes Act: Jammu & Kashmir High Court

Case Title: M/S CADILA HEALTH CARE LTD. Vs PRESIDING OFFICER & ANR.

Citation: 2023 LiveLaw (JKL) 233

The Jammu and Kashmir High Court ruled that the validity of a dismissal order cannot be addressed within the confines of a proceeding under Section 33C(2) of the Industrial Disputes Act as the issue relating to validity of a dismissal order can by no stretch of imagination be termed as incidental to the proceedings under Section 33C(2) of the Act.

Justice Sanjay Dhar observed

“…Unless there is a reference of a dispute regarding validity of a dismissal order before the Labour Court, it cannot adjudicate upon the said issue in a proceeding under Section 33C(2) of the Act. The issue relating to validity of a dismissal order can by no stretch of imagination be termed as incidental to the proceedings under Section 33C(2) of the Act.”

Dying Declaration | One Line Certificate By Doctor That Patient Is Fit Without Any Observation Not Sufficient: Jammu & Kashmir High Court

Case Title: SSP Kathua Vs Baghwan Das

Citation: 2023 LiveLaw (JKL) 234

The Jammu & Kashmir High Court has made it clear that mere one-line certification by a doctor stating a patient's fitness, without any other observation, is inadequate in assessing the authenticity of the patient's dying declaration.

A bench of Justices Atul Sreedharan and Mohan Lal emphasised on the need for a thorough evaluation of the mental condition of the declarant to ensure that "embellishment in the form of hallucinated statements on account of an improper frame of mind is discounted".

J&K Control Of Building Operations Act | Unauthorised Constructions Compounded By Municipal Authorities Deemed Authorised: High Court

Case Title: BOCA Jammu Vs Nageen Ara

Citation: 2023 LiveLaw (JKL) 235

The Jammu and Kashmir High Court held that once an unauthorized construction has been compounded by the municipal authorities, it attains the status of an authorized construction, thereby rendering any subsequent legal proceedings challenging its legitimacy as unsustainable under Article 226 of the Constitution of India.

Justice Wasim Sadiq Nargal was hearing a petition filed by the Building Operation Controlling Authority seeking to quash an order passed by the J&K Special Tribunal in November 2017 through which it had compounded an unauthorized construction.

Electrocution | 'Negligence Of Injured/Deceased' No Defence For Enterprises Engaged In Hazardous Activity: Jammu & Kashmir High Court

Case Title: State of J&K and others Vs Smt. Manjeet Kour and others

Citation: 2023 LiveLaw (JKL) 236

The Jammu and Kashmir High Court held that enterprises or departments engaged in hazardous activities cannot claim immunity from granting compensation on the ground that accident occurred due to negligence of the injured or deceased individuals.

The Bench comprising Justice Sanjeev Kumar and Justice Rahul Bharti observed, “The plea that the accident happened due to the negligence of the injured or deceased, as the case may be, is not available to such enterprise or department engaged in hazardous or inherently dangerous activity”.

JKSSB Recruitment: High Court Stays Selection Process Till Govt Takes Decision On Recruiting Agency's Allegedly Unfair Conduct

Case Title: Vinkal Sharma and others V/s UT of J&K and others

Citation: 2023 LiveLaw (JKL) 237

The Jammu and Kashmir High Court dismissed "mere apprehensions" of unfair conduct of the Jammu and Kashmir Service Board (JKSSB) in recruitment but has halted the selection process, till a final decision is taken by the government on the report/recommendations made by the High-Level Committee which was appointed to review the board's functioning.

The Committee was constituted to examine whether the process of tendering followed by JKSSB, in selecting M/S Aptech Ltd. to conduct the examinations, was consistent with the extant Financial Rules/Acts, and, if all the relevant norms were fully complied with.