J&K&L High Court Weekly Round-Up: December 26 To December 31, 2022

Nominal Index1. Case Title: Dr. RK Vs UT of J&K 2022 LiveLaw (JKL) 2652. Case Title : M/S Construction Engineers 2022 LiveLaw (JKL) 2663. Case Title : M/S Rashmi Metaliks Ltd. & Anr Vs M/S Jindal Saw Ltd. & Ors 2022 LiveLaw (JKL) 2674. Case Title : Prof. S. K. Bhalla Vs UT of J&K 2022 LiveLaw (JKL) 2685. Case Title : Pooja Sharma & Ors Vs State of J&K & Ors 2022 LiveLaw (JKL) 2696. Case Title: Mohd Yousuf Vs UT of J&K2022 LiveLaw (JKL) 2707. Case Title : Suresh Gyan Vihar University Vs Union of India & Ors 2022 LiveLaw (JKL) 2718. Case Title : Jammu Municipal Corporation Vs Mohd Nadeem & Anr 2022 LiveLaw (JKL) 2729. Case Title: United India Insurance Company Vs Ghulam Nabi Bhat & Ors 2022 LiveLaw (JKL) 27310. Case Title : Akash Karka Vs UT of J&K 2022 LiveLaw (JKL) 274Judgements/Orders:One Cannot Challenge Proceedings Of Enquiry Committee After Taking Part In It Without Any Demur: J&K&L High Court ReiteratesCase Title: Dr. RK Vs UT of J&K.Citation: 2022 LiveLaw (JKL) 265The Jammu and Kashmir and Ladakh High Court reiterated that a person who participates in enquiry proceedings without any demur and later on challenges the constitution of the enquiry committee after finding that the result of the enquiry has gone against him, is not entitled to do so.IT Act | Challenge To Notice Under S.226, Without Challenge To Demand Under S.200A, Not Maintainable: J&K&L High CourtCase Title : M/S Construction EngineersCitation : 2022 LiveLaw (JKL) 266The Jammu and Kashmir and Ladakh High Court ruled that a challenge to the notices issued by the Assessing authority under Section 226 (3), without challenging the intimation of demand made by the Assessing authority under Section 200A of the Income Tax Act is not maintainable.Sec 482 CrPC Cannot Be Invoked To Examine Correctness Of Allegations In A Complaint: J&K&L High Court ReiteratesCase Title : M/S Rashmi Metaliks Ltd. & Anr Vs M/S Jindal Saw Ltd. & Ors.Citation : 2022 LiveLaw (JKL) 267Reiterating that powers of the court under Section 482 Cr.P.C are to be exercised with great amount of caution the J&K&L High court held that under the said provision the Court cannot examine the correctness of the allegations in a compliant except in exceptionally rare cases where it is patently clear that the allegations are frivolous or do not disclose any offence.J&K&L High Court Dismisses Plea By Ex-Minister Chaudhary Lal Singh Against Eviction From Government BungalowCase Title : Prof. S. K. Bhalla Vs UT of J&KCitation : 2022 LiveLaw (JKL) 268The Jammu and Kashmir and Ladakh High Court dismissed a plea filed by ex-minister Chaudhary Lal Singh against evicting him from the government-allotted bungalow in Jammu's Gandhi Nagar.Settled Legal Position That Medical Negligence Can Only Be Gauged By Field Experts: J&K&L High CourtCase Title : Pooja Sharma & Ors Vs State of J&K & Ors.Citation : 2022 LiveLaw (JKL) 269The Jammu & Kashmir & Ladakh High Court while answering a question as to how the negligence of a professional doctor is to be gauged, maintained that only experts can certify negligence on the part of the doctor.The observations came from Justice Wasim Sadiq Nargal while dismissing a petition seeking direction to the respondents to pay compensation to the tune of Rs 20 lakh for the death of her husband, who died due to negligence of doctors, registration of case for criminal negligence.Documents Issued By Public Servant Are Supposed To Be In Public Domain: J&K&L High Court Sets Aside Direction For Inquiry On Source Of Detention OrderCase Title: Mohd Yousuf Vs UT of J&K.Citation: 2022 LiveLaw (JKL) 270Setting aside an order directing Anti Corruption Bureau to inquire how a litigant managed to get hold of the detention order and certain official communication prior to execution of the order, the Jammu and Kashmir and Ladakh High Court on Wednesday said such documents issued by a public servant are supposed to be in a public domain and they were neither classified nor relating to official secrets.'Lack Of Jurisdiction': J&K&L High HC Dismisses Jaipur-Based University's Plea Seeking Reimbursement Under PM Special Scholarship SchemeCase Title : Suresh Gyan Vihar University Vs Union of India & Ors.Citation: 2022 LiveLaw (JKL) 271The Jammu & Kashmir and Ladakh High Court dismissed a Jaipur-based University's plea for reimbursement of the expenses incurred by it with regard to tuition fee, hostel fee and cost of books after admitting the students from Jammu & Kashmir under the Prime Minister's Special Scholarship Scheme for J&K Students.Justice M A Chowdhary said merely because the students are from J&K, will not give any cause of action to file the writ petition before the high court.High Court Directs J&K Admin To Remove Encroachments From Public Roads; DCs And SPs To Be Held Responsible For Any ViolationsCase Title : Jammu Municipal Corporation Vs Mohd Nadeem & Anr.Citation : 2022 LiveLaw (JKL) 272Taking serious note of the increasing encroachments of public roads and streets in Jammu...

J&K&L High Court Weekly Round-Up: December 26 To December 31, 2022

Basit Amin Makhdoomi

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