J&K&L High Court Weekly Round-up: January 01 to January 08, 2023

Jan 1- Jan 8, 2023

Nominal Index

Case Title: Gulshan Nazir Vs Union of India 2023 LiveLaw(JKL) 1

Case Title: M/S Aisha Construction Vs JKCA 2023 LiveLaw (JKL ) 2

Case Title: Manzoor Ahmad Mir Vs UT of J&K 2023 LiveLaw (JKL) 3

Case Title: Godrej Consumer Products Limited Versus Union of India 2023 LiveLaw (JKL) 4

Case Title: Mst Zaiba Vs Ghulam Ahmad Zargar & Ors 2023 LiveLaw(JKL) 5

Case Title: Zahid Nabi Khan Vs UT of J&K 2023 LiveLaw (JKL) 6

Case Title: Khazir Mohammad Naikoo Vs UT of J&K 2023 LiveLaw (JKL) 7

Judgements/Orders :

JKL High Court Slams Authorities For Denying Passport To Mehbooba Mufti's Mother, Says Passport Authority Can't Act As Mouthpiece of CID

Case Title: Gulshan Nazir Vs Union of India

Citation: 2023 LiveLaw(JKL) 1

Directing the Passport Officer to consider former J&K Chief Minister Mehbooba Mufti's mother's application for re-issuance of passport afresh, the Jammu & Kashmir and Ladakh High Court said that the authority has not to act as "mouthpiece of the CID". It ruled that the police verification report cannot override the statutory provisions of Section 6 of the Passport Act, 1967.

Setting aside the orders by which Mufti's mother Gulshan Nazir was refused passport, Justice M A Chowdhary said the passport officer shall consider the entire matter afresh and pass orders thereon within a period of six weeks.

When A Private Entity Is Amenable To Writ Jurisdiction, Judicial Review Restricted To Public Functions: J&K&L High Court

Case Title: M/S Aisha Construction Vs JKCA

Citation: 2023 LiveLaw (JKL ) 2

The Jammu and Kashmir and Ladakh High Court ruled that in cases where a private body is amenable to writ jurisdiction, the powers of judicial review are confined to actions which have an element of public duty involved.

12 Years After Arrest, J&K&L High Court Grants Bail To Constable Accused Of Murdering Wife; Says Police Prolonging Trial

Case Title: Manzoor Ahmad Mir Vs UT of J&K

Citation: 2023 LiveLaw (JKL) 3

Observing that a long period of incarceration of an accused without any hope of conclusion of trial leads to a meltdown of the the rigour of 1st Proviso to Section 437 CrPC, the Jammu & Kashmir and Ladakh High Court granted bail to a man accused of murdering his wife.

Justice Sanjay Dhar said the accused has "carved out a case for grant of bail" on account of his long incarceration for more than 12 years and on account of the fact that by the conduct of the prosecution and the police department, there is hardly any chance of conclusion of trial in near future.

Units Located In J&K Entitled For Central Excise Duty Exemption Prior To 1st July 2017 Liable To Pay GST: J&K & Ladakh High Court

Case Title: Godrej Consumer Products Limited Versus Union of India

Citation: 2023 LiveLaw (JKL) 4

The Jammu and Kashmir and Ladakh High Court held that units located in Jammu and Kashmir are entitled to central excise duty exemption prior to July 1, 2017, and are therefore liable to pay GST.

The division bench of Justice Tashi Rabsdan and Justice Mohan Lal observed that in terms of the Central Excise regime as it existed prior to July 1, 2017, the units located in Jammu & Kashmir and other states were eligible to avail exemption from payment of Central Excise duty in terms of area-based exemption notifications.

Co-Sharer Cannot Be Restrained From Raising Construction Over Portion Of Joint Holding In His Exclusive Possession: JKL High Court

Case Title: Mst Zaiba Vs Ghulam Ahmad Zargar & Ors.

Citation: 2023 LiveLaw(JKL) 5

The Jammu and Kashmir and Ladakh High Court ruled that a co-sharer, who is in exclusive possession of a joint holding, cannot be restrained from raising construction on the portion of which he is in exclusive possession.

Detention Order Passed For Pleasure Of Passing It, Grounds Not A Matter Of Wordplay: High Court Censures Kashmir Divisional Commissioner

Case Title: Zahid Nabi Khan Vs UT of J&K

Citation: 2022 LiveLaw (JKL) 6

The Jammu & Kashmir and Ladakh High Court quashed a detention order under Prevention of Illicit Traffic In Narcotic Drugs and Psychotropic Substances Act, observing that it seems to have been passed for the pleasure of passing an order.

Justice Rahul Bharti said that the petitioner was on bail in the case under NDPS Act, thereby he was in regular attendance before the investigating agency and in a sense under the constructive custody of law.

S.311 CrPC Meant To Ensure There Is No Failure Of Justice Due To Mistake Of Parties In Bringing Valuable Evidence On Record: JKL High Court

Case Title: Khazir Mohammad Naikoo Vs UT of J&K

Citation: 2023 LiveLaw (JKL) 7

Observing that the legislative intent behind Section 540 of J&K CrPC (pari materia with Section 311 of CrPC) is to ensure there is no failure of justice due to the mistake of either party in bringing the valuable evidence on record, the J&K&L High court set aside an order of the trial court in terms of which it had disallowed the petitioner to examine certain witnesses.

Justice Sanjay Dhar observed:

"A Court may, in its discretion, summon and examine any person as a witness who has not been summoned as a witness or recall/re-examine any person already examined and in case evidence of such person appears to the Court essential to the just decision of the case, it is the bounden duty of the Court to exercise its power under this provision".