Jammu & Kashmir & Ladakh High Court Weekly Roundup: February 20 - February 26, 2023

Tawqeer Ahmad Wani Vs UT of J&K 2023 LiveLaw (JKL) 30

M/s Sundaram Surgicals Vs Drug Inspector Doda 2023 LiveLaw (JKL) 31

XXX(Minor) Through Her Father Vs UT of J&K 2023 LiveLaw (JKL) 32

Dr Jahangir Iqbal Tantray Vs Farmeeda Akhter 2023 LiveLaw (JKL) 33

Sunil Kumar Vs Union of India 2023 LiveLaw (JKL) 34

Ms Syeda Nazir Vs State of J&K & Ors 2023 LiveLaw (JKL) 35

Danish Chauhan Vs DGP J&K 2023 LiveLaw (JKL) 36

Judgements/Orders:

Detaining Authority Has Exclusive Responsibility To Formulate Grounds Of Detention, Investigating Agency Can Only Give Inputs: JKL High Court

Case Title: Tawqeer Ahmad Wani Vs UT of J&K

Citation: 2023 LiveLaw (JKL) 30

Quashing a Preventive detention order, the Jammu and Kashmir and Ladakh High Court observed that the Investigating agency has no role in the formulation of the grounds of detention of a detenue as the same is a prerogative of the detaining authority.

A bench comprising Justice Vinod Chatterji Koul observed,

"Detaining authority may get inputs from different agencies, including Superintendent of Police concerned, but responsibility to formulate grounds of detention exclusively rests with detaining authority".

No Prosecution Under Drugs & Cosmetics Act Against A "Purported Manufacturer"; Must Ascertain Identity Of Actual Manufacturer: JKL High Court

Case Title: M/s Sundaram Surgicals Vs Drug Inspector Doda.

Citation: 2023 LiveLaw (JKL) 31

The Jammu and Kashmir and Ladakh High Court ruled that the prosecution for commission of offence under section 18 (a) (i), read with section 27 (c) of the Drugs and Cosmetics Act 1940 Act cannot be launched against a purported manufacturer of whom the subject drug is truly not a product.

"It is only the dealer, retailer and actual manufacturer, who can be prosecuted for sale, stock or exhibition of spurious drug," Justice Sanjay Dhar observed while hearing a plea challenging the complaint filed against the Petitioner by Drugs Inspector, Doda.

J&K&L High Court Allows Minor Rape Victim To Undergo Medical Termination Of 19-Week Pregnancy After Her Father Gives 'High Risk Consent'

Case Title: XXX(Minor) Through Her Father Vs UT of J&K

Citation: 2023 LiveLaw (JKL) 32

The Jammu and Kashmir and Ladakh High Court allowed a minor rape victim to undergo medical termination of 19-week pregnancy after her father gave "extra high risk consent" as was demanded by the medical board.

The victim's father had approached the court seeking termination of pregnancy of the minor. In the rape case, an FIR was registered at a police station in north Kashmir on February 14.

O VII R 10 CPC | Can't Dismiss Suit At Threshold If Question Of Jurisdiction Is Question Of Fact Or Mixed Question Of Fact And Law: JKL High Court

Case Title: Dr Jahangir Iqbal Tantray Vs Farmeeda Akhter

Citation: 2023 LiveLaw (JKL) 33

The Jammu and Kashmir and Ladakh High Court ruled that the obligation to dismiss a suit at the threshold or return a plaint for want of jurisdiction arises only when it is a pure issue of law. The issue of jurisdiction, depending on question of fact or mixed question of law and fact, must be decided on merits, it clarified.

Abraded Lesions On Hand After Tattoo Removal Does Not Make Candidate Unfit For CAPF Unless It Has Potential To Interfere With Working: JKL High Court

Case Title: Sunil Kumar Vs Union of India

Citation: 2023 LiveLaw (JKL) 34

The Jammu and Kashmir and Ladakh High Court observed that mere abraded lesions on the hand and forearm, which does not have any potentiality to interfere with the working of a Constable, cannot be made a ground to declare a candidate unfit for service in CAPF.

[Anganwadi Workers] Acquisition Of Higher Qualification At A Later Date Not Determinative For Fixing Seniority: JKL High Court

Case Title: Ms Syeda Nazir Vs State of J&K & Ors

Citation: 2023 LiveLaw (JKL) 35

The Jammu and Kashmir and Ladakh High Court directed the Govt of J&K to fix the seniority of Anganwadi workers from their initial engagement reiterating that the acquisition of higher qualification at a later date, even when such a higher qualification is the requisite qualification for the higher post, will not be determinative for fixing the seniority.

"However for the purpose of computing the experience with a particular qualification, the relevant date would be when relevant qualification has been acquired. Previous experience without particular qualification will have to be ignored," it clarified.

Proceedings Under Section 12 Domestic Violence Act Not Bar To Initiating Criminal Action, Lodging FIR U/S 498A IPC: JKL High Court

Case Title: Danish Chauhan Vs DGP J&K

Citation: 2023 LiveLaw (JKL) 36

The Jammu and Kashmir and Ladakh High Court ruled that merely because proceedings have been initiated by a wife against her husband under the Protection of Women from Domestic Violence Act, 2005 (DV Act), no bar can be construed against lodging an first information report (FIR) for cruelty under Section 498A of the Indian Penal Code.