J&K&L High Court Weekly Round Up: September 19 To September 25, 2022

Nominal Index :Citations 2022 LiveLaw (JKL) 160 TO 2022 LiveLaw (JKL) 167Bashir Ahmad Bhat Vs Ghulam Ahmad Bhat 2022 LiveLaw (JKL) 160Tabasum Mir Vs Union of India 2022 LiveLaw (JKL) 161Saleema Begum & Ors Vs State of J&K 2022 LiveLaw (JKL) 162UT of J&K Vs Hilal Ahmad Rather 2022 LiveLaw (JKL) 163Sanjay Kumar Vs State of J&K and others 2022 LiveLaw (JKL) 164Khursheed Ahmad Bhat Vs UT of J&K & Ors 2022 LiveLaw (JKL) 165Prem Nath & Ors Vs State of J&K 2022 LiveLaw (JKL) 166State of J&K & Ors Vs Mir Fathima 2022 LiveLaw (JKL) 167Judgements/Orders :Order XLI Rule 3-A CPC | Failure To File Appeal With Application For Condonation Of Delay Curable Defect, Can Be Filed Subsequently: J&K&L High CourtCase Title :Bashir Ahmad Bhat Vs Ghulam Ahmad BhatCitation : 2022 LiveLaw (JKL) 160The Jammu and Kashmir and Ladakh High Court while answering a question as to what are the consequences if an appeal is not accompanied by an application as mentioned in Subrule (1) of Rule 3A in Order 41 of CPC observed,"The Deficiency of not accompanying application for condonation of delay is curable defect and if required such an application can be filed subsequently and the appeal can be treated as presented in accordance with the requirem Rule 3A of Order XLI CPC".Black Money Stashed Abroad Threatens National Security : J&K&L High CourtCase Title :Tabasum Mir Vs Union of IndiaCitation : 2022 LiveLaw (JKL) 161The Jammu and Kashmir and Ladakh High Court observed that money stashed abroad by evading tax could be used in ways which could threaten national security.The division bench of Justices Ali Mohammad Magrey and M.A Chowdhary observed that tax evasion puts a disproportionate burden on the honest taxpayers as they have to bear the brunt of higher taxes to make up for the revenue leakage caused by the evasion.The court added that stashing away of black money abroad by some people with the intent to evade taxes has been a matter of deep concern to the nation.Electrocution: High Court Orders J&K Admin To Pay Over Rs 24 Lakh Compensation To Victim's FamilyCase Title :Saleema Begum & Ors Vs State of J&KCitation : 2022 LiveLaw (JKL) 162The Jammu & Kashmir and Ladakh High Court directed the Jammu and Kashmir administration to pay over Rs 24 lakh as compensation to the family of a person who died due to electrocution after an 11,000 KV line fell on his head in north Kashmir's Uri area in July 2013."The respondents being the managers of the electric supply of the area were duty bound in law to ensure that the requisite measures are in place to prevent the leakage, loss of such energy or to see that the wire snapped would not remain live on the road to endanger the lives of the people," said the court.Suspension For Alleged Misconduct Not Punishment But Prolonged Suspension Amounts To Punishment: J&K&L High CourtCase Title:UT of J&K Vs Hilal Ahmad RatherCitation : 2022 LiveLaw (JKL) 163The High Court of J&K and Ladakh held that suspension of an employee over alleged misconduct is not a punishment but, if the suspension is prolonged for more than 4 years, then it amounts to punishment, as it has very strong stigmatic social connotations.The court observed that from the perusal of the order of suspension, it was clear that the inquiry was required to be completed within 15 days, "which itself proves beyond any shadow doubt that the State was conscious of the seriousness and urgency involved in the matter, yet they slept over the matter for four long years to initiate an inquiry by way of issuing chargesheet to the delinquent".Forced Labour Prevalent Even After 75 Years Of Independence': J&K&L High Court On Class-IV Employee's Rs 500 Annual WageCase Title : Sanjay Kumar Vs State of J&K and othersCitation : 2022 LiveLaw (JKL) 164The Jammu and Kashmir and Ladakh High Court ruled that the payment of wages at the rate of Rs. 500 per year since 1998 to a government school employee is clearly a form of Forced Labour, which is strictly prohibited under Article 23 of the Constitution of India."This Court being a custodian of the fundamental rights cannot shut its eyes to the injustice carried out against the petitioner by an act of the State, which claims to achieve socio economic equality as the cherished dreams of the Constitution," said a single bench in an order dated September 19.[Public Safety Act] State's Apprehension Of Accused Getting Bail In Criminal Case Cannot Lead To Preventive Detention: J&K&L HCCase Title :Khursheed Ahmad Bhat Vs UT of J&K & Ors.Citation : 2022 LiveLaw (JKL) 165The Jammu and Kashmir and Ladakh High Court, while quashing a preventive detention order, observed that offence of cheating and fraud, without having wider ramifications, cannot be made the basis for issuing a detention order in the name of maintaining public order."Unless the criminal act attributed to the detenue has the effect of disturbing the even tempo of life of community or public at large, it would remain in the realm of "Law and order" and thus cannot...

J&K&L High Court Weekly Round Up: September 19 To September 25, 2022

Basit Amin Makhdoomi

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