Jammu & Kashmir & Ladakh High Court: Important Judgments Of 2022

As the end of year 2022 is nearing, LiveLaw brings to you a bunch of important Cases from the Jammu and Kashmir and Ladakh High Court. This roundup includes 250+ important orders and judgments.1) "Right To Property A Constitutional Right": J&K&L High Court Orders 10 Lakh Compensation In 'Illegal' Deprivation Of Land Case Case Title: - Krishan Singh and another v. State and others Citation: 2022 LiveLaw (JKL) 1 Underscoring that the Right To Property is a Constitutional Right that has been acknowledged to be akin to a fundamental right and a basic human right, the Jammu and Kashmir and Ladakh High Court directed the J&K Government to pay 10 Lakh as compensation to the petitioners in a case of illegal deprivation of land. Ordering thus, the Bench of Chief Justice Pankaj Mithal and Justice Javed Iqbal Wani further stressed that no one can be deprived of his property without following the procedure prescribed in law and payment of adequate compensation. 2) Dishonor Of Cheque Due To Incomplete Signature Would Constitute An Offence U/S 138 Of NI Act: J&K&L High Court Case Title: Parvaiz Ahmad Bhat Vs Fida Mohd Ayoub Citation: 2022 LiveLaw (JKL) 2 The Jammu and Kashmir and Ladakh High Court held that the dishonor of a cheque for the reason that there were incomplete signatures appearing on the cheque, constitutes an offence under Section 138 of the Negotiable Instruments Act. 3) "State Acquiring Private Land Without Payment Of Full Compensation Is Not Acceptable": High Court Imposes 10L Exemplary Cost On J&K Govt Case Title: Villagers Of Kalni Bagh Baramulla Vs Ut of J&K Citation: 2022 LiveLaw (JKL) 3 The Jammu & Kashmir and Ladakh High Court has held that the State cannot be permitted to acquire private lands without paying full compensation to affected people for a very long period of time. While coming down heavily upon the lackadaisical behaviour of the State, a Division Bench comprising Chief Justice Pankaj Mithal and Justice Sanjay Dhar observed, "It is an alarming situation that State is acquiring private land without payment of full compensation. This kind of action or omission on the part of the State authorities is not acceptable and cannot be allowed to continue for an indefinite period. We deprecate such practice and expect that the State would henceforth take all possible measures to ensure passing of an award within a reasonable time and payment of fair compensation to the persons interested where ever the land is acquired." 4) Post-Mortem Report Can't Be Sole Basis For Conviction In Absence of Incriminating Legal Proof: High Court of Jammu & Kashmir & Ladakh Case Title: State of J&K Vs Swarn Singh Citation: 2022 LiveLaw (JKL) 4 The Jammu and Kashmir High Court recently dismissed a criminal acquittal appeal, noting that the evidence of post-mortem report by no stretch of imagination can be made the sole basis for the conviction of the accused in the absence of legal proof against them. A Division Bench of Justices Mohan Lal and Sanjeev Kumar held, "In a criminal trial, it is the duty of the Court to ensure that mere conjectures or suspicion do not take the place of legal proof. Suspicion, however strong or probable it may be, is not a substitute for the legal proof required to substantiate the charges against the accused for commission of crime. It would be a travesty of justice to rely upon the suspicion/conjectures as adduced by the prosecution in a criminal case as the case in hand. From the prosecution witness, it is not clearly established that deceased was killed by the accused persons." 5) "Courts Are Slow In Interfering In Religious Matters": J&K&L HC Rejects PIL Against 'Religious Sacrifice' Of Animals Case Title: Tek Chand Vs UT Of J&K Citation: 2022 LiveLaw (JKL) 5 The Jammu and Kashmir and Ladakh High Court recently rejected a Public Interest Litigation (PIL) plea seeking prohibition on the illegal practice of slaughtering of animals on the basis of superstition and in the name of religious sacrifices. With this, the Bench of Chief Justice Pankaj Mithal and Justice Sindhu Sharma also noted that ordinarily, the Courts are always slow in interfering in religious matters or with sentiments based upon religion or on the practice of any community. 6) Case Of Courtship & Consensual Physical Relation Sans 'False' Promise Of Marriage Doesn't Amount To Rape: J&K&L High Court Case title - Ashok Kumar v. Union Territory of Jammu and Kashmir Case citation: 2022 LiveLaw (JKL) 6 The Jammu and Kashmir and Ladakh High Court has recently observed that a promise to marry, whereby two adults engaged in a physical sexual relationship is a case of courtship and love affair, and by no stretch of the imagination would it come within the definition of Section 375 of IPC [Rape]. The Bench of Justice Mohan Lal further ruled that only when there is a case of a false promise...

Jammu & Kashmir & Ladakh High Court: Important Judgments Of 2022

Basit Amin Makhdoomi

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