Jammu & Kashmir And Ladakh High Court Weekly Round-Up: May 22 To May 28

Nominal IndexMushtaq Ahmad Dar Vs Enforcement Directorate & Ors 2023 LiveLaw (JKL) 127Suraj Chand Vs Bajaj Allianz Insurance Co. Ltd 2023 LiveLaw (JKL) 128Swarn Salaria Vs Baldev Raj Sharma & Ors. 2023 LiveLaw (JKL) 129Atta Mohd Khan Vs UT of J&K 2023 LiveLaw (JKL) 130Farooq Ahmad Parray Vs UT of J&K 2023 LiveLaw (JKL) 131Muneer Ahmad Paswal Vs Union of India 2023 LiveLaw (JKL) 132Mehvish Choudhary Vs J&K Bank & Anr 2023 LiveLaw (JKL) 133Suhas Laxman Phadke & anr Suprakash Kundu Deepak Kapoor Vs State of J&K 2023 LiveLaw (JKL) 134Mohammad Akram Dar & Ors Vs State of J&K 2023 LiveLaw (JKL) 135Tanveer Ahmed @ Jimmy Vs UT of J&K 2023 LiveLaw (JKL) 136Rasheed Ahmad Peerzada Vs J&K Special Tribunal 2023 LiveLaw (JKL) 137Judgements/OrdersFEMA | No Natural Justice Violation If Adjudicating Authority Unable To Furnish Few Documents Relied Upon To Initiate Action: Jammu & Kashmir High CourtCase Title: Mushtaq Ahmad Dar Vs Enforcement Directorate & OrsCitation: 2023 LiveLaw (JKL) 127The Jammu and Kashmir and Ladakh High Court emphasized that withholding documents from the aggrieved party does not violate natural justice principles if the opposing party is unable to provide them.[Motor Accident] 'Substantial Rights' Involved Not Ground To Condone Unexplained Delay: Jammu & Kashmir High CourtCase Title: Suraj Chand Vs Bajaj Allianz Insurance Co. Ltd.Citation : 2023 LiveLaw (JKL) 128The Jammu and Kashmir and Ladakh High Court stressed that timely filing of appeals under the Motor Vehicles Act is crucial and should not be overlooked, even if the applicant believes their substantial rights are at stake.The bench reiterated that the purpose of filing an appeal in such cases is to ensure a swift resolution, fair compensation, and discourage casual and negligent behaviour from opposing parties."The ground urged in the application that the delay in filing the appeal is required to be condoned as the applicant has substantial right involved in the matter cannot be accepted in view of the fact that in filing of an appeal under the provisions of Motor Vehicles Act against an award in law is aimed at or providing a cheap and speedy remedy and justice by way of compensation to a claimant."Ex-Parte Decree | Remedies Under Order 9 Rule 13 & Section 96 CPC Are Concurrent, Can Be Resorted To Simultaneously: Jammu & Kashmir High CourtCase Title: Swarn Salaria Vs Baldev Raj Sharma & Ors.Citation: 2023 LiveLaw (JKL) 129The Jammu and Kashmir and Ladakh High Court reiterated that remedies under Order 9 Rule 13 CPC and Section 96 of the CPC, which allow for setting aside an ex parte judgment and filing an appeal, respectively, are concurrent and can be resorted to simultaneously.Article 22(5) | Everyday Delay By Detaining Authority In Dealing With Detenu's Representation Has To Be Explained: Jammu & Kashmir High CourtCase Title: Atta Mohd Khan Vs UT of J&KCitation: 2023 LiveLaw (JKL) 130While quashing a preventive detention order under J&K Public Safety Act, the Jammu & Kashmir High Court ruled that the Constitution casts legal obligation on the Government to consider the detenu's representation as early as possible.Justice Sanjay Dhar observed,"Everyday delay in dealing with the representation has to be explained and the explanation offered must indicate that there was no slackness or indifference. Any unexplained delay would be breach of constitutional imperative and it would render the continued detention of the detenu as illegal."Every Member Of Police Force Required To Have Exceptional Integrity: Jammu & Kashmir High Court Upholds Constable's Termination For FraudCase Title: Farooq Ahmad Parray Vs UT of J&KCitation: 2023 LiveLaw (JKL) 131Observing that every member of the police force is required to have exceptional integrity, the Jammu & Kashmir High Court upheld the termination of a Constable during probation period for submitting fake documents to secure additional points during the selection process.Resorted To "Parallel Banking": Jammu & Kashmir High Upholds Peon's Dismissal For Misappropriation Of FundsCase Title: Muneer Ahmad Paswal Vs Union of India.Citation: 2023 LiveLaw (JKL) 132Observing that every bank employee is under solemn duty to protect the interest of the bank and to discharge his duties with utmost integrity, the Jammu and Kashmir and Ladakh High Court upheld the dismissal of a peon from the Ellaquai Dehati Bank.A bench comprising Justice Wasim Sadiq Nargal observed,"The petitioner has betrayed the trust and confidence of the bank by resorting to a parallel banking by receipt of deposit from customers against fake receipts and repay such deposits against withdrawals/cheques without routing the deposits and payment to the bank and made requisite entries falsely in the passbooks of the customers and this charge against the petitioner stood proved by way of a detailed inquiry."No Revision Against Rejection Of Plaint Under Order 7 Rule 11 CPC: Jammu & Kashmir High CourtCase Title: Mehvish Choudhary Vs J&K Bank &...

Jammu & Kashmir And Ladakh High Court Weekly Round-Up: May 22 To May 28

Basit Amin Makhdoomi

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