Jammu & Kashmir And Ladakh High Court Weekly Round-Up: May 29 - June 04

Nominal IndexAshok Kumar Sharma Vs Union of India 2023 LiveLaw (JKL) 138United India Insurance Co. Ltd Vs Ashok Kumari and ors 2023 LiveLaw (JKL) 139M/S Highlander Bar and Restaurant Vs Union of India 2023 LiveLaw (JKL) 140M/s Om Infra Ltd. New Delhi Vs Chenab Valley Power Projects P Ltd and ors 2023 LiveLaw (JKL) 141Central Bureau of Investigation, Anti-Corruption Bureau Vs Hazra Khan 2023 LiveLaw (JKL) 142Bharosi Lal Vs Union of India 2023 LiveLaw (JKL) 143Ghulam Nabi Mir Vs UT of J&K 2023 LiveLaw (JKL) 144Makhan Lal Vs UT of J&K 2023 LiveLaw (JKL) 145Rahul Kumar Vs UT of J&K 2023 LiveLaw (JKL) 146Ravi Kumar Vs UT of J&K 2023 LiveLaw (JKL) 147Judgments/Orders:All ACR Entries Of Public Servant Must Be Communicated To Him With Reasonable Opportunity To Make Representation: Jammu & Kashmir High CourtCase Title: Ashok Kumar Sharma Vs Union of India.Citation: 2023 LiveLaw (JKL) 138The Jammu and Kashmir and Ladakh High Court ruled that all entries in Annual Confidential Reports (ACR) of an employee, including adverse entries, should be communicated to him with reasonable opportunity to make a representation against it.Motor Accident Tribunal Possesses All Trappings Of Court Though Not Bound By Stringent Procedures Of CPC & Evidence Act: Jammu & Kashmir High CourtCase Title: United India Insurance Co. Ltd Vs Ashok Kumari and ors.Citation: 2023 LiveLaw (JKL) 139The Jammu and Kashmir and Ladakh High Court reiterated that a Tribunal constituted under the Motor Vehicle Act, 1988 with its ability to summon and examine witnesses, cross-examine them, and order the disclosure of documents, possesses all the trappings of a court though not bound by the stringent procedures outlined in the Civil Procedure Code and Evidence Act.Cantonment Board Cannot Levy Bar License Fee Based On Restaurant's Annual Revenue: Jammu & Kashmir High CourtCase Title: M/S Highlander Bar and Restaurant Vs Union of IndiaCitation: 2023 LiveLaw (JKL) 140The Jammu and Kashmir and Ladakh High Court ruled that a Cantonment board cannot levy trade license fee from a restaurant operating within its jurisdiction based on the restaurant's annual revenue. A bench comprising Justice Moksha Khajuria Kazmi observed,"Claim of the respondents (Cantonment Board) of fixing the licence fee proportionate to the revenue earned by the petitioner (Restaurant) and on the basis of the fee in terms of notification, SO275 of the excise department, cannot be taken into account because of the fact that firstly, the respondents have no access to the revenue earned by the petitioner and secondly the licence fee charged by the respondents is with respect to the sanitation, hygiene and a licence to run the business etc., in the Cantonment Area of the respondents.Kwar Hydroelectric Project | Minimal Judicial Interference In Contractual Matters Especially If Public Exchequer At Stake: Jammu & Kashmir High CourtCase Title: M/s Om Infra Ltd. New Delhi Vs Chenab Valley Power Projects P Ltd and ors.Citation: 2023 LiveLaw (JKL) 141The Jammu and Kashmir and Ladakh High Court reiterated that judicial interference in the matters concerning contractual matters must be minimal especially in case where there is propensity of negative impact on the public exchequer.A bench of Justice Wasim Sadiq Nargal has observed,"...Courts should not use a magnifying glass while scanning the tenders and make every small mistake appear like a big blunder. In fact, the courts must give “fair play in the joints” to the government and public sector undertakings in matters of contract. Courts must also not interfere where such interference will cause unnecessary loss to the public exchequer".Trial Court Can't Discharge Accused By Conducting "Mini Trial" At Stage Of Framing Charges: Jammu & Kashmir High CourtCase Title: Central Bureau of Investigation, Anti-Corruption Bureau Vs Hazra KhanCitation: 2023 LiveLaw (JKL) 142The Jammu and Kashmir and Ladakh High Court reiterated that at the stage of framing charge against an accused, the Court can neither examine the material brought on record in detail nor examine the sufficiency of the material to establish the offence against the accused.ITBP Force Rules | Army Court Not Recording Plea Of Guilt In Words Used By Accused Vitiates Proceedings: Jammu & Kashmir High CourtCase Title: Bharosi Lal Vs Union of IndiaCitation: 2023 LiveLaw (JKL) 143Quashing a Summary Force Court (SFC) proceedings against a Constable of ITBP, the Jammu and Kashmir and Ladakh High Court said that since Army Rules are mandatory in nature, it is imperative that Army Court shall record the plea of guilt in the words used by the accused or as nearly as possible in the words used by the accused, as a violation of this mandatory requirement will vitiate the trial, conviction and penalty.Jammu & Kashmir High Court Says Bid Security Is Indispensable In Tendering Process, Rejects Substitution With Performance SecurityCase Title: Ghulam Nabi Mir Vs UT of J&K.Citation: 2023 LiveLaw (JKL) 144The Jammu...

Jammu & Kashmir And Ladakh High Court Weekly Round-Up: May 29 - June 04

Basit Amin Makhdoomi

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