J&K&L High Court Weekly Roundup: November 14 To November 20, 2022

Nominal Index : Abdul Rashid Dar & Anr Vs Reyaz Ahmad Kucha y2022 LiveLaw (JKL) 211 Azra & ors Vs Mohammad Afzal Baghat 2022 LiveLaw (JKL) 212Sheikh 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 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 Judgements/Orders : If Any Part Of Amount Claimed Is Admitted, Leave To Defend In Summary Suit Can't Be Granted Unless Admitted Amount Is Deposited: J&K&L High Court Case Title : Abdul Rashid Dar & Anr Vs Reyaz Ahmad Kuchay Citation : 2022 LiveLaw (JKL) 211 The Jammu and Kashmir and Ladakh High Court reiterated that if any part of the amount claimed by the plaintiff is admitted by the defendant to be due from him, leave to defend a summary suit under Order 37 CPC cannot be granted unless the amount so admitted to be due is deposited by the defendant in the court Witness Appearing For Complainant And Cross-Examined By Accused Cannot Be Called To Appear As Defence Witness: J&K&L High Court Case Title : Azra & ors Vs Mohammad Afzal Baghat Citation : 2022 LiveLaw (JKL) 212 The Jammu and Kashmir and Ladakh High Court ruled that the witnesses examined by one party cannot be allowed to be examined on behalf of the opposite party at its instance under Section 540 J&K CrPC (akin to sec 311 of central CrPC). Justice M A Chowdhary observed, "The question to be decided by the learned trial Magistrate was as to whether the witnesses examined by the complainants can be asked to appear as witnesses for the defence. Even if the learned Magistrate was of the view that certain clarifications were required to be made by these witnesses while being cross examined and re-examined during trial, it could not be legally tenable to call these witnesses on behalf of the opposite party. At the most these witnesses could have been summoned as complainants' witnesses for their further cross examination, if same was required." S.482 CrPC| Mere Incorporation Of S.307 IPC In FIR/Chargesheet Not Ground To Reject Compromise, Nature Of Injury Relevant Factor: J&K&L High Court Case Title : Sheikh Feroz Ahmad Vs UT of J&K Citation : 2022 LiveLaw (JKL) 214 The Jammu and Kashmir and Ladakh High Court ruled that merely because an FIR/charge-sheet incorporates the provision of Section 307 IPC, it would not by itself be a ground to reject the petition under Section 482 of the Code and refuse to accept the settlement between the parties. Justice M A Chowdhary observed that while taking a call as to whether compromise in such cases should be effected or not the Court should go by the nature of injury sustained, the portion of the bodies where the injuries were inflicted (namely whether injuries are caused at the vital/delicate parts of the body) and the nature of weapons used etc. On that basis, if it is found that there is a strong possibility of proving the charge under Section 307 IPC, once the evidence to that effect is led and injuries proved, the Court should not accept settlement between the parties, the bench underscored. Disputes Between Two Limbs Of Govt Should Not Be Fought In Court At The Expense Of Public Exchequer: J&K&L High Court Case Title : Hotel Corporation of India Ltd Vs UT of J&K & Ors. Citation : 2022 LiveLaw (JKL) 215 The Jammu and Kashmir and Ladakh High Court observed that disputes between the two limbs of Government of India should not be brought to the Court, to be fought for years at the expense of public exchequer. "It would be desirable to relegate the parties to the Administrative Dispute Resolution Mechanism provided under the Office Memo" , the court observed. J&K Road Transport Corporation Employees Not Entitled To Pensionary Benefits: High Court Case Title : UT of J&K & Ors V/s All J&K Workers Union SRTC and another J&K Road Transport Employees Association & Anr. Citation : 2022 LiveLaw (JKL) 216 The Jammu & Kashmir and Ladakh High Court declined pensionary benefits to the retired employees of J&K State Road Transport Corporation (JKSRTC) while holding that the employees appointed by the Corporation were not entitled to the same at par with the government employees. Birth Record As Per School Certificate Enjoys Priority Over Village Records While Determining Claims For Juvenility: J&K&L High Court Case Title : Sanjay Raina Vs State of J&K & Ors. Citation : 2022 LiveLaw (JKL) 218 The Jammu and Kashmir and Ladakh High Court reiterated that in order to ascertain the claims of juvenility, courts should give priority to the certificate issued by the educational institution other than play school which was firstly...

J&K&L High Court Weekly Roundup: November 14 To November 20, 2022

Basit Amin Makhdoomi

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