J&K&L High Court Weekly Round Up: August 22 To August 28, 2022

Nominal Index: Ghulam Mohd Mir Vs Tej Krishan Ganjoo & Ors 2022 LiveLaw (JKL) 110 Mohammad Shafi Wani Vs Noor Mohammad Khan 2022 LiveLaw (JKL) 111 Showkat Ahmad Bhat & others Vs Khazir Mohammad Bhat & others 2022 LiveLaw (JKL) 112 Faheem Sultan Gojree V/s UT of J&K and another 2022 LiveLaw (JKL) 113 Sakib Ahmad Sheroo Vs UT of J&K & Ors 2022 LiveLaw (JKL) 114 United Insurance Co Ltd Vs Jawahira Begum &Ors 2022 LiveLaw (JKL) 115 Reyaz Ahmad Dar V/s U.T. of J&K and another 2022 LiveLaw (JKL) 116 Managing Director J&K SRTC Vs Syed Arshad Tramboo & Ors 2022 LiveLaw (JKL) 117 National Insurance Co Ltd Vs Mushtaq Ahmad Kutary 2022 LiveLaw (JKL) 118 Jalal Ud Din Ganai Vs UT of J&K 2022 LiveLaw (JKL) 119 Bashir Ahmad Dada & Ors Vs Ghulam Mohi Ud Din 2022 LiveLaw (JKL) 120 State Through P/S Zainapora Vs Zia Mustaffa 2022 LiveLaw (JKL) 121 Judgements/Orders 1) S.190 CrPC | No Bar On Impleadment Of Any Accused After Magistrate Takes Cognizance, Issues Process: J&K&L High Court Case Title: Ghulam Mohd Mir Vs Tej Krishan Ganjoo & Ors. Citation : 2022 LiveLaw (JKL) 110 The Jammu and Kashmir and Ladakh High Court reiterated that there is no bar under section 190 Cr.P.C. that once the process is issued against some accused, on the next date the Magistrate cannot issue process to some other person against whom there is some material on record but his name is not included as accused in the chargesheet. 2) Cheques Dishonored Due To Stop Payment, Account Closed & Signature Mismatch, All Fall Within Ambit Of S.138 NI Act: J&K&L High Court Case Title: Mohammad Shafi Wani Vs Noor Mohammad Khan Citation: 2022 LiveLaw (JKL) 111 The Jammu and Kashmir and Ladakh High Court reiterated that the provisions contained in Section 138 of the NI Act must be interpreted in a liberal manner so as to achieve the object for which the said provision has been enacted. Not only the cases of dishonour of cheques on account of insufficiency of funds or on account of exceeding of arrangement but the cases involving dishonour of cheques on account of "stop payment", "account closed" and "Signature Mismatch" also fall within the ambit of offence under the aforesaid provision, the bench underscored3) Preponderance Of Probability & Not Strict Principles Of Proof Like In Criminal Case Applicable In Motor Accident Claims: J&K&L High Court Case Title: Showkat Ahmad Bhat & others Vs Khazir Mohammad Bhat & others Citation: 2022 LiveLaw (JKL) 112 The Jammu and Kashmir and Ladakh High Court ruled that the strict principles of proof in a criminal case will not be applicable in a claim for compensation under the Motor Vehicles Act and that standard to be followed in motor accident claims is one of preponderance of probability rather than one of proof beyond reasonable doubt.4) J&K Public Safety Act | Courts Cannot Substitute Decision Of Detaining Authority Taken As A Precautionary Measure To Protect Society: High CourtCase Title: Faheem Sultan Gojree V/s UT of J&K and another Citation: 2022 LiveLaw (JKL) 113 Justice Sindhu Sharma observed, "The decision of the Detaining Authority cannot be substituted by the Court while scrutinizing the detention order. Since preventive detention is a precautionary measure to protect the society from activities which may cause harm to their life and liberty. Preventive detention is a precautionary measure to protect the society from the activities that are likely to deprive a large number of people of their rights and protect them from damaging to their life and property." 5) Person Arrested Under UAPA Has Bleak Chances Of Bail, Detaining Authority Must Show Compelling Reasons For His Preventive Detention: J&K&L High Court Case Title: Sakib Ahmad Sheroo Vs UT of J&K & Ors Citation: 2022 LiveLaw (JKL) 114 Justice Sanjay Dhar observed, "The petitioner has been booked in an offence falling under Chapter IV of the ULAP Act and in view of the provisions of Section 43-D of the said Act, the chances of the petitioner getting bail were very remote. Thus, there were no compelling circumstances for the detaining authority to pass the impugned order of detention. The Detaining Authority was bound to record the compelling reasons as to why the detenue could not be deterred from indulging in subversive activities by resorting to normal law and, as already discussed, there is no such material on record." 6) Provident Fund & Other Pecuniary Benefits Received By Legal Heirs Of Deceased Have No Co-Relation With Motor Accident Claim: J&K&L High Court Case Title: United Insurance Co Ltd Vs Jawahira Begum &Ors Citation : 2022 LiveLaw (JKL) 115 The Jammu and Kashmir and Ladakh High Court ruled that Provident Fund, Pension, Insurance, bank balance, shares, fixed deposits, etc., are all pecuniary advantages receivable by heirs on account of one's death but all ...

J&K&L High Court Weekly Round Up: August 22 To August 28, 2022

Basit Amin Makhdoomi

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