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A quick review of various High Court cases reported this week
Jammu and Kashmir and Ladakh High Court
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Have a quick look at what the High Courts across the country adjudicated on through this week.
“Once a statute provides for detention under specific contingency, a person can’t be detained under another contingency”: J&K and Ladakh HC
The Court pointed out that the petitioner could have been detained only under Section 8 (1)(a-1) of the PSA and not under Section 8(1)(a) of the PSA, as both the clauses (a) and (a-1) operate in different fields
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President appoints 2 Permanent Judges for Gauhati High Court and 1 Additional Judge for J&K and Ladakh High Court
The Judges were appointed by the President of India in exercise of the power conferred by Article 217(1) and Article 224(1) of the Constitution respectively.
Grounds of detention incapable of being intelligently understood, can be termed as vague: J&K and Ladakh HC reiterates
“In other words, a detenue may be able to make an effective representation if the details of the facts, on the basis of which conclusion is drawn by the detaining authority, are furnished to him”.
J&K and Ladakh HC directs resumption of defamation trial against Greater Kashmir vis-à-vis their articles alleging Rs 13 crore land sale by DAV School Management
It was further pointed out that Greater Kashmir is a popular newspaper and the impugned news articles condemning the DAV School management will obviously leave the public with a prima-facie impression that the DAV Management has acted as if “fence eating the crop”.
J&K Administration must pay compensation of 5 lakhs to a lawyer detained in preventive custody for more than 1080 days: J&K and Ladakh HC
The Court noted that petitioner had been made to suffer loss of his liberty for a cumulative period of more than 1080 days of preventive custody covered under the span of four detention orders in row from 2019 to March 2024.
Supreme Court Collegium recommends appointment of a Permanent Judge and extension of term for 3 Additional Judges
The Collegium on 24-04-2024 recommended the appointment of 1 Permanent Judge and extension of term of 2 Additional Judges for Chhattisgarh High Court and extension of term of 1 Additional Judge for the High Court of Jammu & Kashmir and Ladakh.
Supreme Court Collegium recommends appointment of Judges for 4 High Courts
In a series of Resolutions dated 12-03-2024, the Collegium recommended appointment of several Permanent Judges and appointment of Judicial Officers and Advocates as Judges.
Contractual Appointment can’t be terminated without affording opportunity of hearing: Jammu & Kashmir & Ladakh HC reiterates
The High Court observed that terminating contractual appointments is impermissible without providing an opportunity for a hearing, particularly when the termination is grounded in allegations of misconduct that tarnish the employee’s reputation.
“S. 22, POCSO Act prohibits prosecution and punishment of a minor for perjury”: J&K and Ladakh HC, reiterates
“In order to prosecute and punish a witness for offence of perjury, it must be established that the statement was made by him deliberately and consciously, which subsequently, was found to be false as a result of comparing it with other unimpeachable evidence on record”.
J&K and Ladakh HC modifies a 5-year-old Trial Court order restraining a man from opening the windows of his house
The High Court opined that the petitioner has a right of opening of windows on his property even if they are facing towards the house of the respondent.
Maternity Leave by a bank employee, whether during probation or otherwise, does not result in break in service; J&K and Ladakh HC clarifies
The High Court was of the view that the respondent Bank’s decision to treat maternity leave as break in service is arbitrary and violates Arts. 14 and 16.
J&K and Ladakh HC quashes detention order over snapped live link to illicit activities and vague Daily Diary Reports
The High Court reiterated precedents highlighting that the detaining authority must not make undue and long delay between the prejudicial activities and the passing of detention order, and that Daily Diary Reports must not be vague and bereft of necessary details.
Statutory substantive right to appeal cannot remain nugatory by giving undue importance to procedural law: J&K and Ladakh HC
The High Court observed that the object of Courts is to decide the rights of the parties and not to punish them for mistakes which are made in the conduct of the cases.
[Preventive Detention] | Unreasonably belated consideration of representation is equivalent to non-compliance of Art. 22(5) of the Constitution: J&K and Ladakh HC
The detenue specifically alleged that he made a representation against impugned detention order, however, the same was not considered by the detaining authority.
J&K and Ladakh HC awards compensation of 20 Lakhs to a 14-year-old boy who suffered 100% disability on being electrocuted by unattended transformer
The respondent’s contention that the petitioner himself contributed to the unfortunate electrocution, was rejected by the Court.