J&K&L High Court Weekly Round-up: October 3 To October 9, 2022

Nominal Index :Citations 2022 [LiveLaw (JKL) 168 TO 2022 LiveLaw (JKL) 177] Mushtaq Ahmad Pandit Vs Addl Deputy Commissioner & Ors 2022 LiveLaw (JKL) 168 Mohd Hussain Vs Shabnam Ara 2022 LiveLaw (JKL) 169 Custodian General Vs J&K Special Tribunal 2022 LiveLaw (JKL) 170 Cadila Pharmaceuticals Ltd Vs Drug Inspector Kathua 2022 LiveLaw (JKL) 171 Cipla Ltd Vs State of J&K 2022 LiveLaw (JKL) 172 Ravinder Kumar Gupta Vs UT of J&K 2022 LiveLaw (JKL) 173 Bashir Ahmed Vs UT of J&K 2022 LiveLaw (JKL) 174 Syed Afshana Bhat Vs University of Kashmir & Ors 2022 LiveLaw (JKL) 175 Bimla Ji Bhat & Ors Vs Union of India 2022 LiveLaw (JKL) 176 Murtaza Rashid Vs UT of J&K 2022 LiveLaw (JKL) 177 Judgements/Orders : Consent Decree Must Not Be Used For Avoiding Registration Of Sale Deeds, Paying Stamp Duty: J&K&L High Court Case Title : Mushtaq Ahmad Pandit Vs Addl Deputy Commissioner & Ors. Citation : 2022 LiveLaw (JKL) 168 The Jammu and Kashmir and Ladakh High Court cautioned the civil courts that while exercising their jurisdiction utmost care should be taken to ensure that a consent decree is not sought to achieve sinister purposes like avoiding registration of sale deeds or paying stamp duty. "A collusive decree cannot be used as a cloak for the sale deed. There could be numerous occasions where parties in collusion with each other may approach the civil Courts for passing the decrees in contravention of law and for achieving the unlawful objects," Said Justice Sanjeev Kumar in a judgement. S.12 DV Act | Magistrate Can Revoke Summons Based On Response Filed By Husband/ Relatives: J&K&L High Court Case Title :Mohd Hussain Vs Shabnam Ara Citation : 2022 LiveLaw (JKL) 169 The Jammu and Kashmir and Ladakh High Court ruled that a Magistrate would be well within its jurisdiction to cancel the interim order passed by it under Section 12 of the Domestic Violence Act, if upon going through the response of the husband and his relatives, it finds that they have been unnecessarily roped in or no case for grant of interim order is made out. J&K Evacuees Property Act | Tribunal Competent To Exercise Powers Of Revision Against Orders Of Custodian General U/S 30-A: J&K&L HC Case Title :Custodian General Vs J&K Special Tribunal Citation : 2022 LiveLaw (JKL) 170 Determining several important legal questions pertaining to the cases under the Evacuees Property Act, the Jammu and Kashmir and Ladakh High Court held that J&K Special Tribunal can exercise powers of revision against the orders passed by the Custodian General, Evacuee Property. Company Upon Conviction Can Be Sentenced To Punishment Of Fine Even Though Offence Carries Punishment of Imprisonment As Well: J&K&L High Court Case Title :Cadila Pharmaceuticals Ltd Vs Drug Inspector Kathua Citation : 2022 LiveLaw (JKL) 171 The Jammu and Kashmir and Ladakh High Court ruled that where a company is alleged to have committed a criminal offence and is liable to be prosecuted even without impleading its Directors/persons responsible for conduct of its day to day business, upon conviction, the said company can be sentenced to punishment of fine, even though the offence for which the company has been convicted carries punishment of imprisonment as well. Drugs & Cosmetics Act | Defeating Accused' Right To Adduce Evidence U/S 25(3) In Controversion of Govt Analyst's Report Vitiates Prosecution: J&K&L HC Case Title :Cipla Ltd Vs State of J&K Citation : 2022 LiveLaw (JKL) 172 The Jammu and Kashmir and Ladakh High Court ruled that once it is established that the valuable right of the accused under Section 25(3) of the Drugs and Cosmetics Act 1940 to adduce evidence in controversion of the Government Analyst's report is defeated due to acts and omissions of the Drugs Inspector, prosecution against the accused deserves to be quashed. J&K Public Safety Act | Acts Of Land Grabbing Do Not Warrant Detention Under Public Safety Act: J&K&L High Court Case Title :Ravinder Kumar Gupta Vs UT of J&K Citation : 2022 LiveLaw (JKL) 173 The Jammu & Kashmir & Ladakh High Court, while quashing a detention order under J&K Public Safety Act, recently ruled that acts of land grabbing do not fall within the purview of the activities prejudicial to the maintenance of public order as per the provisions of the Jammu and Kashmir Public Safety Act, 1978 Nature of Police Service Cannot Be Equated With Any Other Service, Convicted Person Not Fit To Serve In Police: J&K&L High Court Case Title :Bashir Ahmed Vs UT of J&K Citation : 2022 LiveLaw (JKL) 174 The Jammu and Kashmir and Ladakh High Court observed that the nature of service of a police official cannot be equated with the nature of any other service and a person who has been convicted of a criminal charge is definitely not fit to serve as police official/officer. "Even otherwise, ...

J&K&L High Court Weekly Round-up: October 3 To October 9, 2022

Basit Amin Makhdoomi

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