Jammu & Kashmir And Ladakh High Court Weekly Round-Up: August 28 - September 3, 2023

Nominal index:M/S CADILA HEALTH CARE LTD. Vs PRESIDING OFFICER & ANR 2023 LiveLaw (JKL) 233SSP Kathua Vs Baghwan Das 2023 LiveLaw (JKL) 234BOCA Jammu Vs Nageen Ara 2023 LiveLaw (JKL) 235State of J&K and others Vs Smt. Manjeet Kour and others 2023 LiveLaw (JKL) 236Vinkal Sharma and others V/s UT of J&K and others 2023 LiveLaw (JKL) 237Judgments/Orders:Termination Order Cannot Be Challenged U/S 33C(2) Of Industrial Disputes Act: Jammu & Kashmir High CourtCase Title: M/S CADILA HEALTH CARE LTD. Vs PRESIDING OFFICER & ANR.Citation: 2023 LiveLaw (JKL) 233The 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 CourtCase Title: SSP Kathua Vs Baghwan DasCitation: 2023 LiveLaw (JKL) 234The 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 CourtCase Title: BOCA Jammu Vs Nageen AraCitation: 2023 LiveLaw (JKL) 235The 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 CourtCase Title: State of J&K and others Vs Smt. Manjeet Kour and othersCitation: 2023 LiveLaw (JKL) 236The 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 ConductCase Title: Vinkal Sharma and others V/s UT of J&K and othersCitation: 2023 LiveLaw (JKL) 237The 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.

Jammu & Kashmir And Ladakh High Court Weekly Round-Up: August 28 - September 3, 2023

Basit Amin Makhdoomi

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