Jammu & Kashmir And Ladakh High Court Weekly Round-Up: August 28
Live LawNominal index: M/S CADILA HEALTH CARE LTD. Vs PRESIDING OFFICER & ANR 2023 LiveLaw 233 SSP Kathua Vs Baghwan Das 2023 LiveLaw 234 BOCA Jammu Vs Nageen Ara 2023 LiveLaw 235 State of J&K and others Vs Smt. Manjeet Kour and others 2023 LiveLaw 236 Vinkal Sharma and others V/s UT of J&K and others 2023 LiveLaw 237 Judgments/Orders: Termination Order Cannot Be Challenged U/S 33C Of Industrial Disputes Act: Jammu & Kashmir High Court Case Title: M/S CADILA HEALTH CARE LTD. Vs PRESIDING OFFICER & ANR. The issue relating to validity of a dismissal order can by no stretch of imagination be termed as incidental to the proceedings under Section 33C of the Act.” Case Title: SSP Kathua Vs Baghwan Das Citation: 2023 LiveLaw 234 The Jammu & Kashmir High Court has made it clear that mere one-line certification by a doctor stating a patient's fitness, without any other observation, is inadequate in assessing the authenticity of the patient's dying declaration. Case Title: BOCA Jammu Vs Nageen Ara Citation: 2023 LiveLaw 235 The Jammu and Kashmir High Court held that once an unauthorized construction has been compounded by the municipal authorities, it attains the status of an authorized construction, thereby rendering any subsequent legal proceedings challenging its legitimacy as unsustainable under Article 226 of the Constitution of India. Case Title: Vinkal Sharma and others V/s UT of J&K and others Citation: 2023 LiveLaw 237 The Jammu and Kashmir High Court dismissed "mere apprehensions" of unfair conduct of the Jammu and Kashmir Service Board in recruitment but has halted the selection process, till a final decision is taken by the government on the report/recommendations made by the High-Level Committee which was appointed to review the board's functioning.