Jammu & Kashmir And Ladakh High Court Weekly Round-Up: August 21 - August 27, 2023

Nominal Index :IRSHAD AHMAD QURESHI & ANR Vs. STATE OF J&K & OTHERS 2023 LiveLaw (JKL) 223Gul Mohammad and Ors Vs State of J&K and Ors 2023 LiveLaw (JKL) 224Noor Illahi Fakhtoo vs UT of J&K and Ors 2023 LiveLaw (JKL) 225Surjeet Singh Vs Sheikh Behzad Khalid & others 2023 LiveLaw (JKL) 226Nazir Ahmad Ganie and Another Vs Mohammad Amin Ganie 2023 LiveLaw (JKL) 227Haseena Akhter Vs. Union Territory of J&K & Anr 2023 LiveLaw (JKL) 228Mian Khan and Others Vs UT of J&K 2023 LiveLaw (JKL) 229Mohammad Amin Wani vs. UT Of J&K 2023 LiveLaw (JKL) 230Gupta Modern Breweries Vs State of J&K 2023 LiveLaw (JKL) 231Tawqeer Bashir Magray Vs. Union Territory of J&K & Anr 2023 LiveLaw (JKL) 232M/S CADILA HEALTH CARE LTD. Vs PRESIDING OFFICER & ANR 2023 LiveLaw (JKL) 233Judgments/Orders:Simultaneous Prosecution Under PMLA, UAPA Not Double Jeopardy: Jammu & Kashmir High CourtCase Title: IRSHAD AHMAD QURESHI & ANR Vs. STATE OF J&K & OTHERSCitation: 2023 LiveLaw (JKL) 223Emphasizing 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 CourtCase Title: Gul Mohammad and Ors Vs State of J&K and Ors.Citation: 2023 LiveLaw (JKL) 224Shedding 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 HearingCase Title: Noor Illahi Fakhtoo vs UT of J&K and Ors.Citation: 2023 LiveLaw (JKL) 225The 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 CourtCase Title: Surjeet Singh Vs Sheikh Behzad Khalid & othersCitation: 2023 LiveLaw (JKL) 226The 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 CourtCase Title: Nazir Ahmad Ganie and Another Vs Mohammad Amin GanieCitation: 2023 LiveLaw (JKL) 227The 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 OperativeCase Title: Haseena Akhter Vs. Union Territory of J&K & Anr.Citation: 2023 LiveLaw (JKL) 228The 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 ProceduresCase Title: Mian Khan and Others Vs UT of J&KCitation: 2023 LiveLaw (JKL) 229Coming 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 ...

Jammu & Kashmir And Ladakh High Court Weekly Round-Up: August 21 - August 27, 2023

Basit Amin Makhdoomi

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