J&K&L High Court Weekly Round-Up: March 13 To March 19, 2023

Nominal IndexReema Arora & Ors Vs Law Enforce Inspector (Fertilizer) 2023 LiveLaw (JKL) 51Rajana Devi Vs State of J&K &Ors 2023 LiveLaw (JKL) 52Abdul Khaliq Rather Vs State of J&K & Ors 2023 LiveLaw (JKL) 53New India Assurance Co. Ltd Vs Anita Devi and others 2023 LiveLaw (JKL) 54Mukhtar Ahmad Andrabi Vs UT of J&K & Ors 2023 LiveLaw (JKL) 55National Insurance Co. ltd.Vs Mursa Begum and ors 2023 LiveLaw (JKL) 56Karnail Singh Vs UT of J&K 2023 LiveLaw (JKL) 57Farooq Ahmad & Ors Vs State of J&K & Ors. 2023 LiveLaw (JKL) 58Master X th. Shah Wali Vs State of J&K 2023 LiveLaw (JKL) 59Judgements/OrdersWhen Company Is An Offender, No Vicarious Liability Can Be Attached To Its Officers Unless Statute Specifically Provides So: Jammu & Kashmir High CourtCase Title: Reema Arora & Ors Vs Law Enforce Inspector (Fertilizer)Citation: 2023 LiveLaw (JKL) 51The Jammu and Kashmir and Ladakh High Court recently quashed a criminal complaint filed under Essential Commodities Act, 1955 against the directors of a company on the ground that the complaint nowhere spells out as to how and in what manner the petitioners/accused were incharge of or were responsible to the accused company."The legal intendment is clear that when the company is an offender, vicarious liability of its directors can be imputed in terms of the provisions of a statue, making it a deeming fiction....There is no provision in the Penal Code to attach vicarious liability on Managing Director or Directors or employees of a Company.", the bench said. Jammu & Kashmir High Court Comes To Aid Of Below Poverty Line Woman "Duped" Of Employment By Govt Officials To Oblige SarpanchCase Title: Rajana Devi Vs State of J&K &Ors.Citation: 2023 LiveLaw (JKL) 52The Jammu and Kashmir and Ladakh High Court observed that the perversity of an action or decision by a public authority/official, acting in the domain of public administration, irrespective of the tier of the administration, has no hiding from the pendular gaze of the Rule of Law which may for a given case get late but not defaults in catching up with the wrong deed and wrongdoer masquerading in the domain of the public administration.S.7 Migrant Immovable Property Act Requiring Surrender Of Property To Prefer Appeal Against Eviction In Tune With Peculiar Conditions Of J&K: High CourtCase Title: Abdul Khaliq Rather Vs State of J&K & Ors.Citation: 2023 LiveLaw (JKL) 53The Jammu and Kashmir and Ladakh High Court ruled that the condition to surrender the property for preferring an appeal under Section 7 of the Migrant Immovable Property Act 1997 against eviction order, was necessitated by the peculiar situation prevailing in the Union Territory of Jammu and Kashmir.The bench comprising Justices Rajnesh Oswal & Mohan Lal observed,"This provision was incorporated in view of the extraordinary situation prevailing in the then State of Jammu and Kashmir (now Union Territory) because of migration from the then State of Jammu and Kashmir (now Union Territory) and more particularly from the Kashmir Valley".Compulsory Risks In Insurance Automatically Transferred To Transferee Of Vehicle Even When Certificate Of Insurance Not Transferred: Jammu & Kashmir High CourtCase Title: New India Assurance Co. Ltd Vs Anita Devi and othersCitation: 2023 LiveLaw (JKL) 54The Jammu and Kashmir and Ladakh High Court ruled that whoever may be the actual owner of the motor vehicle at the time of the accident, compulsory risks covered under the policy of insurance get automatically transferred to the transferee of a vehicle even though certificate of insurance has not been transferred in his favour.No Absolute Bar On Citizens To Invoke Writ Jurisdiction In Contractual Matters With State: Jammu & Kashmir High CourtCase Title: Mukhtar Ahmad Andrabi Vs UT of J&K & Ors.Citation: 2023 LiveLaw (JKL) 55The Jammu and Kashmir and Ladakh High Court ruled that in matters of contractual dispute with the State and its instrumentalities there is no absolute bar to exercise the writ jurisdiction and the High Court should take a holistic view and make a determination as to whether it would be proper to exercise its writ jurisdiction.Justice Wasim Sadiq Nargal observed,"There has been paradigm shift in the approach of the Courts in exercise of its Writ Jurisdiction in the matters of contractual disputes with State and its authorities. The law regarding the exercise of judicial review in contractual matters with State or its instrumentalities has definitely evolved over the years and the ordinary citizens can, in appropriate cases, approach the High Courts for exercise of Writ Jurisdiction."Insurance Company Not Liable To Unauthorised Passengers Traveling In Offending Vehicle, Pay & Recover Principle Not Applicable: J&K High CourtCase Title: National Insurance Co. ltd.Vs Mursa Begum and ors.Citation: 2023 LiveLaw (JKL) 56The Jammu and Kashmir and Ladakh High Court has observed that once it is shown that deceased/injured persons were traveling as unauthorised...

J&K&L High Court Weekly Round-Up: March 13 To March 19, 2023

Basit Amin Makhdoomi

Tags