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

Surinder Partap Singh and another Vs Vijay Kumar and Anr 2023 LiveLaw (JKL) 93

Tariq Ahmad Dar Vs NIA 2023 LiveLaw (JKL) 94

Ghulam Rasool Dar Vs J&K State Cooperative Bank 2023 LiveLaw (JKL) 95

Mushtaq Ahmad Dar Vs Enforcement Directorate & Ors 2023 LiveLaw (JKL) 96

M/s Ajay Auto Mobiles Vs TVS Motor Company Ltd. and others 2023 LiveLaw (JKL) 97

Rajinder Singh Manhas Vs Anil Gaind & Anr 2023 LiveLaw (JKL) 98

Renu Bala &Ors Vs State &Ors 2023 LiveLaw (JKL) 99

Zahoor Ahmad Bhat Vs UT of J&K 2023 LiveLaw (JKL) 100

Mohammad Maqbool Bhat Vs UT of J&K 2023 LiveLaw (JKL) 101

Judgements/Orders:

Injunction | If Party Fails To Establish Prima Facie Case, Court Not Required To Consider Balance Of Convenience, Irreparable Loss: J&K High Court

Case Title: Surinder Partap Singh and another Vs Vijay Kumar and Anr.

Citation: 2023 LiveLaw (JKL) 93

The 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 favour

S.306 CrPC No Bar On High Court To Invoke Its Powers U/S 482 And Admit An Approver On Bail: Jammu & Kashmir High Court

Case Title: Tariq Ahmad Dar Vs NIA.

Citation: 2023 LiveLaw (JKL) 94

The 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 Court

Case Title: Ghulam Rasool Dar Vs J&K State Cooperative Bank

Citation: 2023 LiveLaw (JKL) 95

The 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 Court

Case Title: Mushtaq Ahmad Dar Vs Enforcement Directorate & Ors

Citation: 2023 LiveLaw (JKL) 96

The 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 Court

Case Title: M/s Ajay Auto Mobiles Vs TVS Motor Company Ltd. and others

Citation: 2023 LiveLaw (JKL) 97

The 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 Court

Case Title: Rajinder Singh Manhas Vs Anil Gaind & Anr.

Citation: 2023 LiveLaw (JKL) 98

The 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 Regulations

Case Title: Renu Bala &Ors Vs State &Ors

Citation: 2023 LiveLaw (JKL) 99

Taking 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 due to electrocution as well as bodily injuries due to electric shocks are ignored as mere accidents...The colossal loss of human lives and especially children is totally unacceptable, grim and heart rending, such unfortunate deaths continue to occur and the statutory regulations are being flouted with impunity which is the root cause of such deaths/accidents".

No Person Can Be Deprived Of Source Of Livelihood Without Adhering To Principles Of Natural Justice: Jammu & Kashmir High Court

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

Citation: 2023 LiveLaw (JKL) 100

The Jammu and Kashmir and Ladakh High Court ruled that even if a person hands over documents that were summoned by an authority, the same does not give the authority a free hand to disregard the person's right to a fair hearing.

A bench comprising Justice Sanjay Dhar observed,

"Adherence to the principles of natural justice is not an empty formality. No person can be deprived of his property or source of livelihood without adhering to the principles of natural justice and without following the procedure prescribed under law".

Jammu & Kashmir High Court Dismisses Plea Of Cooperative Society Employees For Retirement Age Parity With Govt Employees

Case Title: Mohammad Maqbool Bhat Vs UT of J&K

Citation: 2023 LiveLaw (JKL) 101

The Jammu and Kashmir and Ladakh High Court dismissed the plea of Cooperative Societies employees seeking age of retirement at par with the Government employees.

Justice Sanjay Dhar observed that the Cooperative Societies are autonomous institutions governed by their own rules and regulations and hence their employees cannot seek parity in service conditions with the employees of the Government, unless approved by the Board of Directors.