J&K&L High Court Monthly Digest: November 2022 [Citations 201 - 227]

Nominal Index :Tanzeem Khursheed Zargar Vs J&K Special Tribunal & Ors 2022 LiveLaw (JKL) 201 M/s Swiss Garner Life Sciences & Ors Vs Union of India 2022 LiveLaw (JKL) 202 Tamanna Vs Khushmeela 2022 LiveLaw (JKL) 203 Mst Mugli Begum & Ors vs Financial Commissioner & Anr 2022 LiveLaw (JKL) 204 Shabir Ahmad Ganai Vs Ghulam Mohi Ud Din Wani 2022 LiveLaw (JKL) 205 Jagdev Singh versus Union of India & Ors 2022 LiveLaw (JKL) 206 Kendriya Vidyalaya Sangathan & Ors Vs Central Information Commission 2022 LiveLaw (JKL) 207 Sajad Ahmad Bhat Vs UT of J&K 2022 LiveLaw (JKL) 208 Divisional Manager JKSFC Bhaderwah Vs Mohammad Sharief 2022 LiveLaw (JKL) 209 Mehboob Ul Hussain Vs Jhasra Parvaiz 2022 LiveLaw (JKL) 210 Abdul Rashid Dar & Anr Vs Reyaz Ahmad Kucha y2022 LiveLaw (JKL) 211 Azra & ors Vs Mohammad Afzal Baghat 2022 LiveLaw (JKL) 212 Iqbal Jaffar Dar Vs UT of J&K 2022 LiveLaw (JKL) 213 Sheikh Feroz Ahmad Vs UT of J&K 2022 LiveLaw (JKL) 214 Hotel Corporation of India Ltd Vs UT of J&K & Ors 2022 LiveLaw (JKL) 215 UT of J&K & Ors V/s All J&K Workers Union SRTC and another J&K Road Transport Employees Association & Anr 2022 LiveLaw (JKL) 216 Phool Chand Vs Narcotics Control Bureau 2022 LiveLaw (JKL) 217 Sanjay Raina Vs State of J&K & Ors 2022 LiveLaw (JKL) 218 Shah Fahad Peerzada and another vs UT of JK and others 2022 LiveLaw (JKL) 219 Shashi Paul Singh Vs Gurmeet Paul & Anr 2022 LiveLaw (JKL) 220 Hafiza Begum & Ors Vs Shams Din Bhat & Ors 2022 LiveLaw (JKL) 221 Showkat Ahmad Najar & Ors Vs UT of J&K & Ors 2022 LiveLaw (JKL) 222 Dr SI Vs UT of J&K & Ors 2022 LiveLaw (JKL) 223 Rajesh Gupta Vs Union of India 2022 LiveLaw (JKL) 224 Dr Kuldeep Chander Sharma & Anr Vs Union of India 2022 LiveLaw (JKL) 225 Jagdish Giri Vs Talib Hussain 2022 LiveLaw (JKL) 226 Mst Mala Begum Vs State of J&K 2022 LiveLaw (JKL) 227Judgements/Orders : Right To Choose Forum For Redressal Of Grievance Does Not Permit Choice Of Two Forums For Same Reliefs: J&K&L High Court Imposes 50K Cost Case Title : Tanzeem Khursheed Zargar Vs J&K Special Tribunal & Ors. Citation : 2022 LiveLaw (JKL) 201 Coming down heavily on a petitioner for "forum hunting" and suppression of material facts, the Jammu and Kashmir and Ladakh High Court imposed a penalty of Rs. 50000 on him. The court ruled that a person may have a right to choose the forum for redressal of his grievance, but he/she cannot be permitted to choose two forums in respect of the same subject-matter for the same relief. Govt Analyst's Report U/S 25 Drugs & Cosmetics Act Not "Conclusive" If It Is Not Supplied To Person From Whom Sample Was Collected: J&K&L High Court Case Title : M/s Swiss Garner Life Sciences & Ors Vs Union of India. Citation : 2022 LiveLaw (JKL) 202 The Jammu and Kashmir and Ladakh High Court ruled that the report of a Government Analyst would become conclusive under Section 25(3) of the Drugs and Cosmetics Act, only against the person who despite having been provided a copy of the report, has failed to notify his intention to adduce evidence in controversion of the report, within a period of 28 days. Deliberating on the term "Conclusiveness" used in sec 25(3) of the Act the bench explained that the conclusiveness meant in Section 25(3) of the Act has reference to the person referred to in the said sub-section, meaning thereby that the facts stated in the report of the Government Analyst would become conclusive only against the person who despite having been provided a copy of the report, has failed to notify his intention to adduce evidence regarding facts stated therein within a period of 28 days. If Demand Notice U/S 138 NI Act Mentions Correct Address Of Accused, Question Of Delivery Due To Variation In Postal Receipt To Be Decided At Trial: J&K&L HC Case Title : Tamanna Vs Khushmeela Citation : 2022 LiveLaw (JKL) 203 The Jammu and Kashmir and Ladakh High Court held that if correct address of the accused is mentioned in the complaint as well as in the notice of demand under Section 138 of the Negotiable instrument Act, then mere variation of address in the postal receipt will not lead to a presumption that the notice was sent on a wrong address. "In these circumstances, the question whether the notice of demand has been actually received by the petitioner/accused can be determined only during the trial of the case," it said. Mutation Entries Only Fiscal In Nature, Do Not Confer Any Title In Respect Of Property To Which They Relate: J&K&L High Court Case Title : Mst Mugli Begum & Ors vs Financial Commissioner & Anr. Citation : 2022 LiveLaw (JKL) 204 The Jammu and Kashmir and Ladakh High Court reiterated that mutation entries are only fiscal in nature and these do not confer any title in respect of the property to which they relate nor do these entries extinguish the right of ...

J&K&L High Court Monthly Digest: November 2022 [Citations 201 - 227]

Basit Amin Makhdoomi

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