Jammu and Kashmir High Court Issues Landmark Judgments in Various Cases

The Jammu and Kashmir and Ladakh High Court has recently issued a series of landmark judgments in various cases, covering a wide range of legal matters. Here is a summary of some of the key judgments:

1. Labour Commissioner‘s Power to Review Ex-parte Awards

The court clarified that the Labour Commissioner has the authority to review his ex-parte orders while considering applications to set aside these awards. The court cited Order IX Rule 13 of the Code of Civil Procedure (CPC) and Rule 31 of the J&K Workmen’s Compensation Rules of 1972 to support this decision.

2. Fair Enquiry for Penalty of ‘Dies-Non’

It was ruled that a period of willful absence can be treated as ‘Dies Non’, but only after conducting a fair inquiry and providing the concerned employee with an opportunity to be heard. The employee will not be eligible for certain allowances and the period will not be counted for retirement benefits.

3. Quashing of Detention Order

The court quashed a detention order, expressing serious concerns about the grounds of detention being based on subjective, caricatured opinions instead of objective assessments. The court warned against stereotyping law-abiding citizens based on profiling.

4. Change of Date of Birth in Passport

The court ruled that changes in the date of birth in a passport must be sought within a reasonable time, generally within five years from the date of issuance. This is subject to certain exceptions for minors.

5. Defamation Caution for Press

The court emphasized the need for press publications to verify the content they publish to ensure that it is true and serves the public good. It cautioned against publishing manifestly defamatory material without sufficient evidence and a public interest justification.

6. Liberal Approach to Amendments in Civil Proceedings

The court ruled that courts should adopt a liberal approach and allow amendments to pleadings unless they cause irreparable prejudice or change the nature of the suit. Amendments sought before the trial should be considered leniently.

7. Look Out Circulars as Exceptional Tools

The court clarified that Look Out Circulars (LOCs) are exceptional measures used when an accused deliberately evades justice or poses a flight risk. They should not be issued routinely but only in appropriate cases.

8. Principles for Granting Leave to Defend in Summary Suits

While expediting commercial disputes, summary suits should not deny defendants a fair opportunity to defend themselves, ruled the court. The objective of expediting cases should not come at the cost of fairness.

These important judgments by the Jammu and Kashmir and Ladakh High Court have wide-ranging implications and highlight the court’s commitment to upholding the principles of justice and fairness in various legal matters.