J&K&L High Court Weekly Round-up: October 24 To October 30, 2022

Citations 2022 [LiveLaw (JKL) 191 TO 2022 LiveLaw (JKL) 200]Nominal Index : Ab Rasheed Bhat Vs HDFC Bank 2022 LiveLaw (JKL) 191 Syed Akeel Shah vs Directorate Of Enforcement 2022 LiveLaw (JKL) 192 Shailender Parihar Vs Sarmad Hafez 2022 LiveLaw (JKL) 193 Mohammad Anwar Chowdhary & Ors Vs UT of J&K 2022 LiveLaw (JKL) 194 Green Valley Sumo Taxi Stand Union Vs UT of J&K & Ors 2022 LiveLaw (JKL) 195 Mohd. Bashir Vs UT of J&K 2022 LiveLaw (JKL) 196 Ms. X (Minor) Vs. UT of J&K and others 2022 LiveLaw (JKL) 197 Raheela Nazir Vs J&K EDI 2022 LiveLaw (JKL) 198 Amina Begum Vs State of J&K & Ors 2022 LiveLaw (JKL) 199 State of J&K through police station Zainapora vs Zia Mustafa and others 2022 LiveLaw (JKL) 200 Judgements/Orders : S.138 NI Act | Production Of Original Power of Attorney Not Necessary At Time Of Taking Cognizance Of Complaint: J&K&L High Court Case Title : Ab Rasheed Bhat Vs HDFC Bank. Citation : 2022 LiveLaw (JKL) 191 The Jammu and Kashmir and Ladakh High Court ruled that the production of original Power of Attorney is not necessary at the time of taking cognizance of the complaint under Section 138 of Negotiable Instruments Act. A bench of Justice Sanjay Dhar observed, "When the complainant/payee is a company, an authorised employee can represent the company. Such averment and prima facie material is sufficient for the learned Magistrate to take cognizance and issue process. If at all, there is any serious dispute with regard to the person prosecuting the complaint not being authorised or if it is to be demonstrated that the person who filed the complaint has no knowledge of the transaction and, as such that person could not have instituted and prosecuted the complaint, it would be open for the accused to dispute the position and establish the same during the course of the trial". Writ Court Can't Determine Whether A Case Warrants Action U/S 8(4) PMLA, Appellate Authority Appropriate Forum: J&K&L High Court Case Title : Syed Akeel Shah vs Directorate Of Enforcement. Citation : 2022 LiveLaw (JKL) 192 The Jammu and Kashmir and Ladakh High Court observed that the question whether a particular case is of exceptional nature or not to warrant action under Section 8(4) of Prevention of Money Laundering Act can be determined only by the appellate authority at the time of considering the merits of the appeal and not by a Court in exercise of its writ jurisdiction. "Application of Mind" By Decision Making Judicial, Quasi Judicial & Administrative Bodies Not For Ritual Sake, It's A Living Principle Of Law: J&K&L High Court Case Title : Shailender Parihar Vs Sarmad Hafez. Citation : 2022 LiveLaw (JKL) 193 The Jammu and Kashmir and Ladakh High Court observed that the expression "Application of Mind" is not meant as a matter of usage for ritual sake but is a living principle of law out of which an administrative/ judicial/ quasi judicial decision, as the case may be, must bear its natural delivery. Application of mind" used frequently in legal parlance, the bench observed that any public official/authority, be it judicial, quasi judicial and/or administrative one, who knows it as a fact that he is meant to judge/decide matters being part of the very constitution of the office/position held/occupied by him/it, must be made to know it compulsively and consciously without any miss that there is and will be an ever present institutional demand upon his/its understanding to make a decision, which if and upon being questioned, by any aggrieved person who is to suffer the effects of the given decision, is able to self exhibit its factuality and legality so evidently and expressly so as to test and tax the wit of the person in questioning the given decision. This is what is and will be meant in real sense and spirit an act of application of mind on the part of the maker of the judgment/decision, Justice Rahul Bharti expounded. 'No Locus': High Court Junks Plea Against ST Status & Reservation Granted To 'Pahari Speaking People' Of Jammu & Kashmir Case Title : Mohammad Anwar Chowdhary & Ors Vs UT of J&K. Citation : 2022 LiveLaw (JKL) 194 The Jammu & Kashmir & Ladakh High Court upheld the amendments to the Jammu and Kashmir Reservation Rules, 2005, by which 4 percent reservation was provided to 'Pahari Speaking People' in respect of each service, class, category and grade in services and posts under the Union Territory. J&K&L High Court Dismisses Plea Seeking Exemption From Installation Of Tracking Devices & Panic Buttons In Public Vehicles Under CMV Rules Case Title : Green Valley Sumo Taxi Stand Union Vs UT of J&K & Ors. Citation: 2022 LiveLaw (JKL) 195 The Jammu and Kashmir and Ladakh High Court dismissed a plea seeking exemption from the requirement of installing Vehicle Location Tracking Devices (VLTD) and Panic Buttons in public service vehicles ...

J&K&L High Court Weekly Round-up: October 24 To October 30, 2022

Basit Amin Makhdoomi

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