Jammu & Kashmir And Ladakh High Court Weekly Round-Up: April 24 - April 30

Jammu & Kashmir and Ladakh High Court Weekly Roundup April 24 - April 30Nominal IndexSurinder Partap Singh and another Vs Vijay Kumar and Anr 2023 LiveLaw (JKL) 93Tariq Ahmad Dar Vs NIA 2023 LiveLaw (JKL) 94Ghulam Rasool Dar Vs J&K State Cooperative Bank 2023 LiveLaw (JKL) 95Mushtaq Ahmad Dar Vs Enforcement Directorate & Ors 2023 LiveLaw (JKL) 96M/s Ajay Auto Mobiles Vs TVS Motor Company Ltd. and others 2023 LiveLaw (JKL) 97Rajinder Singh Manhas Vs Anil Gaind & Anr 2023 LiveLaw (JKL) 98Renu Bala &Ors Vs State &Ors 2023 LiveLaw (JKL) 99Zahoor Ahmad Bhat Vs UT of J&K 2023 LiveLaw (JKL) 100Mohammad Maqbool Bhat Vs UT of J&K 2023 LiveLaw (JKL) 101Judgements/Orders:Injunction | If Party Fails To Establish Prima Facie Case, Court Not Required To Consider Balance Of Convenience, Irreparable Loss: J&K High CourtCase Title: Surinder Partap Singh and another Vs Vijay Kumar and Anr.Citation: 2023 LiveLaw (JKL) 93The Jammu and Kashmir and Ladakh High Court reiterated that If a party fails to prove a prima facie case, the court cannot grant an injunction, even if the balance of convenience and irreparable loss and injury are in their favourS.306 CrPC No Bar On High Court To Invoke Its Powers U/S 482 And Admit An Approver On Bail: Jammu & Kashmir High CourtCase Title: Tariq Ahmad Dar Vs NIA.Citation: 2023 LiveLaw (JKL) 94The Jammu and Kashmir and Ladakh High Court reiterated that in terms of Sec 306(4) (b) CrPC bail to approver who is in custody cannot be granted, however, in an appropriate case High Court can release the approver on bail in exercise of its inherent powers under Section 482 CrPC.J&K State Cooperative Bank Independent From Govt Control, Service Disputes Outside Court's Writ Jurisdiction: Jammu & Kashmir High CourtCase Title: Ghulam Rasool Dar Vs J&K State Cooperative BankCitation: 2023 LiveLaw (JKL) 95The Jammu and Kashmir and Ladakh High Court ruled that the J&K State Cooperative Bank Ltd is an autonomous body with no pervasive or deep control by the government and hence the bank's actions falling within the sphere of private law, including service disputes with its employees, are not amenable to the writ jurisdiction of the court.Notice Issued By Adjudicating Authority To Initiate Proceedings Under FEMA Not Appealable, Writ Petition Maintainable: Jammu & Kashmir High CourtCase Title: Mushtaq Ahmad Dar Vs Enforcement Directorate & OrsCitation: 2023 LiveLaw (JKL) 96The Jammu and Kashmir and Ladakh High Court clarified that appeals before the Special Director (Appeals) in FEMA cases are only maintainable against orders passed by the Adjudicating Authority under Rule 4(8) of the 2000 Rules, and not against any prior proceedings initiated by the Authority.Justice Sanjay Dhar thus held that a notice issued by the adjudicating authority to initiate proceedings against a party under Section 13 FEMA is not an 'order' and is not appealable and thus, a writ petition assailing the same is maintainable.Erroneous Findings By Courts Below Not Ground To Invoke Article 227, "Manifest Miscarriage Of Justice" Required: Jammu & Kashmir High CourtCase Title: M/s Ajay Auto Mobiles Vs TVS Motor Company Ltd. and othersCitation: 2023 LiveLaw (JKL) 97The Jammu and Kashmir and Ladakh High Court has dismissed a petition filed under Article 227 of the Constitution of India against an order passed by the trial court, which referred a dispute for arbitration. It observed that erroneous finding by the courts below on facts and law cannot justify for approaching the court under Article 227 unless manifest miscarriage of justice has occurred due to the order passed by the courts below.CPC | 120 Days Period For Filing Written Statement Mandatory In Jammu & Kashmir After Abrogation Of Article 370, Court Has No Power To Extend It: High CourtCase Title: Rajinder Singh Manhas Vs Anil Gaind & Anr.Citation: 2023 LiveLaw (JKL) 98The Jammu and Kashmir and Ladakh High Court clarified that the Civil Procedure Code, 1908 so far as its applicability to the Union Territory of Jammu & Kashmir is concerned after amendments in view of Abrogation of Article 370, provides a maximum period of 120 days to the defendant to file the written statement failing which the defendant will forfeit the right to file written statement and the Court by no stretch of imagination shall allow the written statement to be taken on record.Deaths By Electrocution Ignored As Mere Accidents: Jammu & Kashmir High Court Constitutes Committee To Enforce Statutory RegulationsCase Title: Renu Bala &Ors Vs State &OrsCitation: 2023 LiveLaw (JKL) 99Taking a serious note of increasing incidents of electric shocks often leading to death, the Jammu & Kashmir & Ladakh High Court constituted a committee to ensure the implementation of statutory safety measures and regulations enshrined in the Central Electricity Authority (Measures relating to Safety and Electric Supply) Regulations, 2010, in letter and spirit.A bench comprising Justice Wasim Sadiq Nargal observed,“It appears that deaths...

Jammu & Kashmir And Ladakh High Court Weekly Round-Up: April 24 - April 30

Basit Amin Makhdoomi

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