High Court of J & K and Ladakh
J&K High Court Distinguishes Between Plaintiff & Defendant's Death During Pendency Of Suit, Says Injunction Right Survives Plaintiff's Death
The Jammu and Kashmir and Ladakh High Court has made a crucial distinction between the death of a plaintiff and a defendant in an injunction suit and clarified that the right to injunction survives the death of the plaintiff and can be enforced by their legal heirs.However, in the case of the defendant, the injunction is operative solely against the defendant and upon his death, the question of binding his legal representatives by injunction would not arise, a bench of Justice Sanjay Dhar...
J&K Agrarian Reforms Act | Land Ownership Entry In Khasra Girdawari Can't Be Unilaterally Changed Or Altered Without Hearing: High Court
The Jammu and Kashmir and Ladakh High Court has ruled that land ownership entries in the Khasra Girdawari record cannot be changed without providing a proper hearing to the person named in the record.Citing Rule 4 of the J&K Agrarian Reforms Rules, 1976 a bench of Justice Sanjeev Kumar explained that disputes relating to Girdawari entries raised in the course of attestation of mutations under clause IV of the Act can be corrected by the Revenue Officer not below the rank of Tehsildar,...
Stalling Whole Recruitment Process Antithetical To Public Interest: J&K High Court Lifts Freeze On Recruitment To 1395 Posts Of Panchayat Secretary
Prioritising public interest over the petitioner's claims based on a draft proposal yet to be approved the Jammu and Kashmir and Ladakh High Court on Thursday vacated the status quo order that stalled the recruitment process for 1395 Panchayat Secretary posts.Directing official respondents to finalize the selection process expeditiously Justice Wasim Sadiq Nargal observed,“…This Court is of the opinion that no fruitful purpose will be served to extend the interim directions, which are being...
BSF Act | Offence under S. 354 RPC Excluded From Purview Of “Civil Offence”, Cannot Be Tried By Summary Security Force Court
Nullifying the dismissal of a Border Security Force (BSF) constable, the Jammu and Kashmir and Ladakh High Court has ruled that an offence under Section 354 RPC cannot be tried by a Summary Security Force Court owing to the fact that the said offence is excluded from the purview of the meaning of Section 46 of “civil offence” under the Scheme of BSF Act.Citing section 47 of the Act which specifically speaks about the “civil offence” not triable by a Security Force Court Justice M.A Chowdhary...
Jammu & Kashmir And Ladakh High Court Quarterly Digest: January - March 2024
Nominal Index:Sahil Gupta Vs UT of J&K 2024 LiveLaw (JKL) 1Abdul Rahim Ganai V/s State of JK and others (SRTC) 2024 LiveLaw (JKL) 2Waqas Riyaz Khan Vs UT of J&K 2024 LiveLaw (JKL) 3MOHAMMAD BIN SHORA Vs. UNION OF INDIA AND ANOTHER 2024 LiveLaw (JK) 4Pritam Chand alias Pritam Singh Vs Dr. Kamal Saini 2024 LiveLaw (JKL) 5Haja @ Hajira Bano Vs Gh. Mohammad Ahangar 2024 LiveLaw (JKL)...
Supreme Court Collegium Recommends Justice Wasim Sadiq Nargal For Fresh Term As Additional Judge Of Jammu & Kashmir and Ladakh High Court
The Supreme Court of India has recommended Justice Wasim Sadiq Nargal for a fresh term as Additional Judge of the High Court of Jammu & Kashmir and Ladakh.“The Collegium resolves to recommend that Mr Justice Wasim Sadiq Nargal, Additional Judge, be appointed as an Additional Judge of the High Court of Jammu & Kashmir and Ladakh for a fresh term of one year with effect from 3...
Delinquent Employees Entitled To Copy Of Enquiry Report Even In Cases Where Rules Governing Disciplinary Proceedings Are Silent: J&K High Court
Reaffirming the rights of government employees facing disciplinary actions the Jammu and Kashmir and Ladakh High Court has ruled that delinquent employees are entitled to a copy of the enquiry report, even in cases where rules governing disciplinary proceedings do not expressly provide for the same.Referencing Union of India and others v Mohd Ramzan Khan 1991 whereby the Supreme Court held...
J&K High Court Closes Plea Against Alleged Pollution Caused By Kishan Ganga Hydroelectric Project Due To No Evidence Indicating Breach Of Environmental Safeguards
The Jammu and Kashmir High Court has closed a Public Interest Litigation (PIL) that alleged environmental pollution caused by the construction of the Kishan Ganga Hydroelectric Project (KGHP).In an order passed by Chief Justice N. Kotiswar Singh and Justice Moksha Khajuria Kazmi the court said,“..in the absence of any specific denial or material indicating a breach of environmental...
No Provisions Can Limit Or Effect Court's Inherent Powers U/S 151 CPC To Do Complete Justice: J&K High Court
Reaffirming the mandate of Section 151 of the Civil Procedure Code (CPC), the Jammu and Kashmir and Ladakh High Court has emphasised that courts possess the authority, even under this provision, to exercise the powers delineated in Section 144.A bench of Justice Javed Iqbal Wani explained,“No provision of the court should be taken or deemed to limit or otherwise effect these inherent...
Jammu and Kashmir and Ladakh High Court Weekly Round-Up April 15 - April 21, 2024
Nominal Index:Ashwani Kumar Vs Union of India 2024 LiveLaw (JKL) 85Maruti Suzuki India Ltd. Vs Ramesh Chander Sharma and anr 2024 LiveLaw (JKL) 86Kamal Nain Singh Vs State Of J&K 2024 LiveLaw (JKL) 87Building Operation Controlling Authority Vs S. Gurmeet Singh 2024 LiveLaw (JKL) 88Judgments/Orders:Court Can Examine Whether Enquiry Officer Has Taken Into Account Relevant Material: J&K...
S.15 BOCA Act | Orders Passed By Authority Are Final, Can't Be Questioned In Any Suit, Application Or Execution Proceedings: J&K High Court
Dismissing a petition challenging an order passed by the J&K Special Tribunal, Jammu, the Jammu and Kashmir and Ladakh High Court has emphasised the Tribunal's final authority in matters under the Control of Building Operations Act, 1988 and the limited scope of the High Court's writ jurisdiction in disputes involving questions of fact.Declining interference with the orders of...
J&K High Court Directs Govt To Issue NOC For Canoeist Bilquis Mir's Participation In Asian Canoe Sprint Olympic Qualifiers
The Jammu and Kashmir and Ladakh High Court has directed the government to grant a No Objection Certificate (NOC) to renowned Canoeist Bilquis Mir.The directions to this effect were passed by Justice Sindhu Sharma in response to Bilquis Mir's plea seeking permission to travel to Japan and participate as the Chief Line Judge in the Asian Canoe Sprint Olympic Qualifier.Mir, an...