Jammu And Kashmir And Ladakh High Court Monthly Digest: December 2023

Nominal Index:Building Operation Controlling Authority Vs Vikas Gupta 2023 LiveLaw (JKL) 302Members of Saini Community Th. Suksham Singh Vs UT of J&K 2023 LiveLaw (JKL) 303Mehmooda Vs State of J&K 2023 LiveLaw (JKL) 304The New India Assurance Co. Ltd Vs Safder Ali 2023 LiveLaw (JKL) 305Subash Choudhary Vs J&K Special Tribunal Jammu 2023 LiveLaw (JKL) 306NADEEM UR REHMAN & OTHERS Vs UT OF J&K & OTHERS 2023 LiveLaw (JKL) 307M/s Oikos India Pvt. Ltd Vs M/s K.C. Hotels Pvt. Ltd 2023 LiveLaw (JKL) 308Zareefa Banoo Vs Manzoor Ahmad Sheergujri 2023 LiveLaw (JKL) 309Mahroz Akhter Vs Dr Azmat Gouhar 2023 LiveLaw (JKL) 310Director Health Services and Another Vs. Iqbal Ahmad Baqal 2023 LiveLaw (JKL) 311Asif Sultan Saida Vs Union Territory of J&K and anr 2023 LiveLaw (JKL) 312Dr. Sandeep Mawa Vs U.T. of Jammu & Kashmir 2023 LiveLaw (JKL) 313Inderjeet Khajuria Vs State Of J&K 2023 LiveLaw (JKL) 314Bari Shah Vs UT of J&K 2023 LiveLaw (JKL) 315Jamsheed Haroon and Another 2023 LiveLaw (JKL) 316SMT. RANJEET KOUR Vs. STATE OF J&K & ORS 2023 LiveLaw (JKL) 317S. Saroop Singh Vs Union of India through Defence Secretary 2023 LiveLaw (JKL) 318Shafakat Vs Jammu and Kashmir Bank through its Chairman 2023 LiveLaw (JKL) 319Sulabh International Social Service Organization Vs Saral Sugam Sewa Society 2023 LiveLaw (JKL) 320OWAIS SYED KHAN Vs UT OF J&K & ORS 2023 LiveLaw (JKL) 321Bashir Ahmad Bhat Vs Union Territory of Jammu and Kashmir 2023 LiveLaw (JKL) 322Aabid Rashid Vs Union Territory of Jammu And Kashmir 2023 LiveLaw (JKL) 323Kumar Wanchoo Vs Drug Inspector Manufacturing, Kashmir Division 2023 LiveLaw (JKL) 324Union Territory of J&K V/s Northern Transformers 2023 LiveLaw (JKL) 325UT of J&K Vs X 2023 LiveLaw (JKL) 326Feroz Ahmed Sheikh Vs Union Territory of J&K 2023 LiveLaw (JKL) 327Union of India Vs Jagjeet Kour 2023 LiveLaw (JKL) 328University of Kashmir through Registrar V/s Prof. Gh. Nabi Sidiqi and Ors 2023 LiveLaw (JKL) 329Ghulam Qadir Bhat and another V/s U.T of J&K and others 2023 LiveLaw (JKL) 330Judgments/Orders: BOCA Act | S.15 Confers Finality To Tribunal Orders, Invoking Extraordinary Jurisdiction Directly Conflicts With The Same: J&K High CourtCase Title: Building Operation Controlling Authority Vs Vikas GuptaCitation: 2023 LiveLaw (JKL) 302The Jammu and Kashmir and Ladakh High Court dismissed a writ petition invoking extraordinary jurisdiction, emphasizing that the finality of orders under Section 15 of the Building Operations Controlling Authority (BOCA) Act, 1988, would conflict with the imposition of extraordinary jurisdiction by the Court.A bench of Justice Javed Iqbal Wani observed that since finality had been attached to an order made by an Authority or an appellate officer appointed by the Government for hearing appeal(s) under section 13 of the Act of 1988, filing of a petition while invoking extraordinary writ jurisdiction by the petitioners runs in direct conflict with section 15 of the Act of 1988.High Court Restrains J&K Administration From Issuing Caste Certificates To Saini CommunityCase Title: Members of Saini Community Th. Suksham Singh Vs UT of J&KCitation: 2023 LiveLaw (JKL) 303The High Court of Jammu and Kashmir and Ladakh prohibited the Union Territory Administration from granting caste certificates to individuals belonging to the Saini Community until the government definitively establishes their status as a socially disadvantaged and underprivileged group.Justice Rajnesh Oswal passed these directions while hearing a plea moved by the members of the Saini community assailing their inclusion as a weak and underprivileged (social caste) by way of a Government order dated October 19, 2022.Judgment In Rem Extends Benefits To All Similarly Situated Employees, Denying Them Violates Articles 14 & 16: J&K High CourtCase Title: Mehmooda Vs State of J&KCitation: 2023 LiveLaw (JKL) 304The Jammu and Kashmir and Ladakh High Court held that when a set of employees is given a particular relief by a Court of law, all identically situated persons would need to be treated alike by extending the said benefits to them as well.The court further clarified that the extension of such benefits would be irrespective of whether they approached the court during their active service or not.Rigid Constraints Of Formal Pleadings Need Not Be Strictly Adhered To In A Claim Plea Under Motor Vehicles Act: J&K High CourtCase Title: The New India Assurance Co. Ltd Vs Safder AliCitation: 2023 LiveLaw (JKL) 305Dismissing an appeal challenging an award passed by the Motor Accidents Claims Tribunal (MACT) under the Motor Vehicles Act, 1988 the Jammu and Kashmir and Ladakh High court reitrated that in a claim petition submitted under the Motor Vehicles Act, the rigid constraints of formal pleadings need not be strictly adhered to.A bench of Justice Javed Iqbal Wani clarified that it is not mandatory for a claimant to explicitly enumerate all the details in the petition, hence allowing for a more flexible approach in presenting the...

Jammu And Kashmir And Ladakh High Court Monthly Digest: December 2023

Basit Amin Makhdoomi

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