Jammu & Kashmir & Ladakh High Court Weekly Roundup: May 15 - May 21, 2023

Nominal Index:Seema Phull and another Naina Sodi and others Vs United India Insurance Company and another 2023 LiveLaw (JKL) 117Union Of India Vs Madan Lal & Ors 2023 LiveLaw (JKL) 118Bachan Lal. Vs J&K Special Tribunal 2023 LiveLaw (JKL) 119Nissar Ahmad Shah Vs Union of India & Ors 2023 LiveLaw (JKL) 120Abdul Aziz Bhat & Ors Vs Hilal Ahmad Bhat 2023 LiveLaw (JKL) 121National India Insurance Vs Jagjeet Singh 2023 LiveLaw (JKL) 122 Nazir Ahmad Ganai Vs State of J&K 2023 LiveLaw (JKL) 123Showkat Ahmad Bhat Vs UT of J&K 2023 LiveLaw (JKL) 124Wajid Ali Vs UT of J&K 2023 LiveLaw (JKL) 125UT of J&K and others Vs Shabir Ahmad Dar and others 2023 LiveLaw (JKL) 126Judgments/Orders:Jammu & Kashmir High Court Directs Motor Accident Tribunal To Decide Claim Filed By Dependants Of Judge Shot Dead By Militants In 2001Case Title: Seema Phull and another Naina Sodi and others Vs United India Insurance Company and anotherCitation: 2023 LiveLaw (JKL) 117The Jammu and Kashmir and Ladakh High Court directed a Motor Accident Claims Tribunal to decide the petition moved by the dependants of a Judge, who was shot dead in his car by militants, while travelling to his hometown.At the outset, Justice Sanjay Dhar observed that even when the vehicle is immobile, it cannot be stated the motor vehicle was not in use and an accident which arises at a time when the vehicle is not mobile, can well be termed as an "accident arising out of use of motor vehicle".[Land Acquisition] Reference To Market Value Of Small Plots Not Always Reliable, But May Be Referred In Absence Of Other Material: Jammu & Kashmir HCCase Title: Union Of India Vs Madan Lal & Ors.Citation: 2023 LiveLaw (JKL) 118The Jammu and Kashmir and Ladakh High Court ruled that in determining the market value of a large piece of land proposed for acquisition, it may not be safe to rely solely on the rate at which small parcels of land adjacent to it are sold.However, the court reiterated that this cannot be an absolute rule as in cases where there is no other material available, the court may compare prices paid for small plots of land to arrive at a fair market value and this approach should not be dismissed outright.Allotment Under Evacuees’ Property Act Confers Only Temporary Right Of Use, Not Title Or Interest: Jammu & Kashmir High CourtCase Title: Bachan Lal. Vs J&K Special TribunalCitation: 2023 LiveLaw (JKL) 119The Jammu and Kashmir and Ladakh High Court ruled that allotment under the Evacuees’ Property Act is a temporary right of use and occupation of any immovable property and it neither confers any right nor title or interest over the allottee.A single bench of Justice Rajesh Sekhri while referring to a full Bench judgment in Shamsher Singh v. Dy. Custodian 1973 General reiterated,"Allotment is a mere license, which is revocable by the concerned authorities under certain conditions. It neither confers ownership nor interest in the land. The interest of an allottee arises only by statutory grant to displaced persons, which is not amenable to acquisition or alienation in any normal modes by way of sale, gift, mortgage or will".Jammu & Kashmir High Court Rejects CRPF Constable's Plea Against Termination Citing Inordinate Delay, Questions His Suitability For Disciplined ForceCase Title: Nissar Ahmad Shah Vs Union of India & Ors.Citation: 2023 LiveLaw (JKL) 120The Jammu and Kashmir and Ladakh High Court upheld the termination of a CRPF Constable stating that his inability to justify the six-year delay in challenging his termination order raises concerns about his efficiency to serve in a disciplined force.A single bench of Justice Moksha Kazmi Khajuria observed,"The petitioner was supposed to challenge the termination order of 2001 at least after the same was provided to him by this court; the petitioner slept over the matter, remained in deep slumber’s for about six years and filed this petition on the basis of the documents without any number, date or receipt...The doctrine of delay and latches is not to be taken so lightly when the petitioner has miserably failed to explain as to why he could not approach this Court after the termination order was furnished to him."Court Not Having Territorial Jurisdiction Cannot Hear Application For Amendment Of Plaint To Acquire Jurisdiction: Jammu & Kashmir High CourtCase Title: Abdul Aziz Bhat & Ors Vs Hilal Ahmad Bhat.Citation: 2023 LiveLaw (JKL) 121The Jammu and Kashmir and Ladakh High Court ruled that when the court lacks territorial jurisdiction, it cannot entertain an application for amendment of a plaint, which amendment would vest territorial jurisdiction in the court.A single bench of Justice Wasim Sadiq Nargal observed,"The courts have to examine the plaint as existing and come to the conclusion whether it discloses the court to be having territorial jurisdiction or not; if the averments contained in the plaint as existing does not disclose the court to be having territorial jurisdiction and amendment is sought to vest...

Jammu & Kashmir & Ladakh High Court Weekly Roundup: May 15 - May 21, 2023

Basit Amin Makhdoomi

Tags