High Court of J & K and Ladakh
J&K Land Revenue Act | Power To Set Aside Mutation Quasi-Judicial In Nature, No Such Administrative Power Vested With Dy Commissioner: J&K High Court
The Jammu and Kashmir and Ladakh High Court has ruled that a Deputy Commissioner has no power to set aside mutation orders passed by a Tehsildar, highlighting that such power is quasi-judicial and requires adherence to principles of natural justice.Citing various provisions of the J&K Land Revenue Act Justice Sanjay Dhar observed,“I am afraid, there is no such administrative power vested with the Deputy Commissioner that would give him jurisdiction to set aside the mutation orders passed by...
S. 91 CrPC | Accused Can Seek Production Of Document Withheld By Investigator During Charge Framing If It Is Found To Be Of Sterling Quality: J&K HC
The Jammu and Kashmir and Ladakh High Court has clarified the legal position regarding an accused's right to produce evidence at the stage of framing charges and ruled that an application under Section 91 of the Criminal Procedure Code (CrPC) can be made by the accused even during the framing of charges if certain conditions are met.A bench of Justice Sanjeev Kumar had said, “An application under Section 91 CrPC at the instance of the accused would lie even at the stage of framing of charge if...
Two Conflicting Decrees Not Permissible In Same Appeal Against Deceased & Surviving Respondents, Appeal Liable To Be Abated As A Whole: J&K High Court
The Jammu and Kashmir and Ladakh High Court, while addressing the ramifications of the abatement of an appeal due to the demise of certain respondents, has ruled that proceeding with an appeal against the surviving respondent(s) is untenable hence leading to a dismissal of the appeal in its entirety.Spelling out the reasons for the same Justice M A Chowdhary observed,“..The basic reason...
[PMLA] Charges Can't Proceed If Investigation Into Predicate Offence Is Stalled: J&K High Court
The Jammu and Kashmir and Ladakh High Court has ruled that charges under the Prevention of Money Laundering Act (PMLA) cannot proceed if the investigation into the original crime (known as the predicate offence) is stalled.A bench of Justice Sanjay Dhar clarified,“Offences under PMLA are stand alone offences, yet their origin is the Scheduled offences. Once the Scheduled offence ceases to...
Jammu and Kashmir and Ladakh High Court Weekly Roundup March 11 - March 17, 2024
Nominal Index:Gulab Singh Vs Kuldeep Singh 2024 LiveLaw (JKL) 36Jehangir Ahmad Mir Vs UT of J&K 2024 LiveLaw (JKL) 37Ashok Kumar Vs Union of India through Secretary to Govt Industries Department 2024 LiveLaw (JKL) 38J&K Housing Board Vs Smt Harbans Kour 2024 LiveLaw (JKL) 39Smt. Rachna Gupta Vs Dr. Parmodh Baru 2024 LiveLaw (JKL) 40Mohd. Shafi Masi Vs UT of J&K 2024 LiveLaw...
[J&K Wakfs Act 1978] Act Overrides All Other Laws, Any Sales Of Wakf Properties Inconsistent With It Are Legally Insignificant & Inoperative: High Court
The Jammu and Kashmir and Ladakh High Court has ruled that the Jammu and Kashmir Wakfs Act, 1978 overrides all other laws when it comes to Wakf properties.Shedding light on the status of Acts which are inconsistent with the Waqf Act Justice Javed Iqbal Wani observed,“The Act of 1978 and of the rules and orders made thereunder shall have overriding effect notwithstanding anything...
[S. 27 Evidence Act] BSF Didn't Act As "Police Officer" When Recovering Arms & Ammunition From Accused During Search & Cordon Operation: J&K High Court
The Jammu and Kashmir and Ladakh High Court has ruled that the recovery of arms and ammunition from an accused at his instance by the Border Security Force (BSF) during a search and cordon operation does not violate Section 27 of the Indian Evidence Act.Clarifying the scope of "police officer" under the Evidence Act and its application to the BSF's powers under the Armed Forces (Jammu...
[S.438 CrPC] Approaching Sessions Court First For Anticipatory Bail Serves Both Ends & Administration Of Justice: J&K High Court
The Jammu and Kashmir and Ladakh High Court has reiterated that it is advisable for individuals seeking anticipatory bail to first approach their local Sessions Court under Section 438 of the Criminal Procedure Code (CrPC).This principle ensures both justice and efficient administration of justice, a bench of Justice Rajesh Sekhri emphasised.However the bench clarified,“There may be...
CPC | Power Of Court To Preserve Existing Condition Of Property Distinct From Power To Ascertain, Collect Or Elucidate Facts In Dispute: J&K HC
Making a crucial distinction between two key provisions of the Civil Procedure Code (CPC) - Order 39 Rule (7) and Order 26 Rule (9) the Jammu and Kashmir and Ladakh High Court has highlighted that Order 39 Rule (7) primarily aims to record the existing condition of property to monitor changes or interference by parties, while Order 26 Rule (9) focuses on elucidating facts relevant to the...
S. 57 J&K Housing Board Act | Provision Of Prior Notice Never To Non-Suit Litigant, But To Allow For Settlement & Avoid Unnecessary Litigation: High Court
The Jammu and Kashmir and Ladakh High Court has ruled that the purpose of a notice provision in the J&K Housing Board Act is not to dismiss lawsuits on technical grounds.Expounding on the mandate of Section 57 of the Housing Board Act which provides for notice Justice Sanjay Dhar observed, “The purpose of giving prior notice for filing of the suit under Section 57 of the Act can never be...
ID Act | Nexus Between Services Of Employee & Services Of Institute Essential To Bring Organization Within Scope “Industry”: J&K High Court
Shedding light on the definition of 'industry' under the Industrial Disputes Act, 1947 (ID Act) the Jammu and Kashmir and Ladakh High Court has observed that the essential criterion for an organisation to be considered an 'industry' is the nexus between the services provided by an employee and those rendered by the institute.Explaining the contours of the term “Industry” used in the...
Dossier Seeking Preventive Detention By 'Name-Calling' Without Supporting Facts Leads To Fragile Detention Order Which Can Be Quashed: J&K High Court
Quashing a detention order under the Jammu and Kashmir Public Safety Act, 1978 the Jammu and Kashmir and Ladakh High Court on Wednesday observed that a preventive detention order based on mere hunches and speculations from law enforcement authorities cannot be justified. A bench of Justice Rahul Bharti emphasized,“A dossier by the sponsoring authority for seeking preventive detention of...