High Court Seeks Progress Report On Transgender Rights In Jammu & Kashmir And Ladakh

The Jammu and Kashmir and Ladakh High Court has issued a fresh directive to the Union Territory of J&K and the Union Territory of Ladakh in response to a Public Interest Litigation (PIL) advocating for the rights of transgender individuals. The court has instructed both territories to provide an updated status report on their compliance with the various directives, enabling the court to issue appropriate orders accordingly.A bench comprising Chief Justice Kotiswar Singh and Justice Moksha...

J&K Special Tribunal Can Refer Matters To High Court For Initiating Proceedings Under Contempt Of Courts Act: Jammu & Kashmir High Court

The Jammu and Kashmir and Ladakh High Court on Thursday held that J&K Special Tribunal is deemed to be a "court" subordinate to the High Court for the purposes of Section 10 of the Contempt of Courts Act and, therefore, shall be well within its powers to refer an appropriate case to the High Court for initiating appropriate proceedings against the violators of its orders or against those who commit its criminal contempt.A bench comprising Justice Sanjeev Kumar remarked,“…The J&K Special...

Detaining Authority Should Communicate To Detenue Time Limit In Which He Can Make Representation Against Detention: Jammu & Kashmir High Court

The Jammu and Kashmir and Ladakh High Court on Thursday said that a detaining authority should communicate to the detenue, in the grounds of detention, the time limit in which he can make a representation to it i.e., till the approval of the detention order by the State Government.Justice M A Chowdhary reasoned that the detenue’s right to make a representation to the detaining authority is only available to him till approval of detention order by the Government and therefore the detaining...

Jammu & Kashmir High Court Refuses To Quash FIR In Asha Kit Scam, Says Can't Stifle Genuine Prosecution

The Jammu & Kashmir and Ladakh High Court has refused to quash the FIR registered by Vigilance Organization (Now ACB) in Asha Kit Scam, observing that the allegations in the FIR clearly disclose commission of cognizable offence and therefore, it would not be open to the Court to stifle a genuine prosecution.The case relates to purchase of medicines at exorbitant rates by the Director Health Services, Jammu from companies that had been permanently de-registered or blacklisted.Justice Sanjay...

Every Water Source Is Government Property: Jammu & Kashmir High Court

Observing that every water source in the State is and shall remain the property of the Government, the Jammu and Kashmir and Ladakh High Court on Tuesday dismissed a plea filed by the residents of the village Qasba Yar, District Shopian, seeking directions upon the administration to not to change, divert or take any water from Yari Kohal, a river flowing through their village. The villagers had stated that Yari Kohal is the sole source of irrigation for their agricultural land and the...

No Revision Against Rejection Of Plaint Under Order 7 Rule 11 CPC: Jammu & Kashmir High Court

The Jammu and Kashmir and Ladakh High Court on Monday ruled that the provision of Revision under Section 115 CPC cannot be used to challenge an order of Rejection of plaint under Order 7 Rule 11. This is because an order passed under Order 7 Rule 11 of the CPC is considered to be a decree by legal interpretation, making it appealable under Section 96 read with Order 41 of the CPC, it clarified.Justice Javed Iqbal Wani made this exposition while hearing revision against rejection of the plaint...

[Motor Accident] 'Substantial Rights' Involved Not Ground To Condone Unexplained Delay: Jammu & Kashmir High Court

The Jammu and Kashmir and Ladakh High Court has stressed that timely filing of appeals under the Motor Vehicles Act is crucial and should not be overlooked, even if the applicant believes their substantial rights are at stake.Justice Javed Iqbal Wani made a pronouncement while hearing a plea in terms of which the applicant was seeking a condonation of 1538 days delay in preferring appeal against award granted by Motor Accidents Claims Tribunal to the injured.The bench reiterated that the...

Resorted To "Parallel Banking": Jammu & Kashmir High Upholds Peon's Dismissal For Misappropriation Of Funds

Observing that every bank employee is under solemn duty to protect the interest of the bank and to discharge his duties with utmost integrity, the Jammu and Kashmir and Ladakh High Court has upheld the dismissal of a peon from the Ellaquai Dehati Bank.A bench comprising Justice Wasim Sadiq Nargal observed, "The petitioner has betrayed the trust and confidence of the bank by resorting to a parallel banking by receipt of deposit from customers against fake receipts and repay such deposits against...

Every Member Of Police Force Required To Have Exceptional Integrity: Jammu & Kashmir High Court Upholds Constable's Termination For Fraud

Observing that every member of the police force is required to have exceptional integrity, the Jammu & Kashmir High Court has upheld the termination of a Constable during probation period for submitting fake document to secure additional points during selection process. A bench comprising Chief Justice Kotiswar Singh and Justice Moksha Kazmi observed that if a candidate, aspiring to become a police personnel, indulges in fraud at the very initial stage of his service, he cannot be...

Article 22(5) | Everyday Delay By Detaining Authority In Dealing With Detenu's Representation Has To Be Explained: Jammu & Kashmir High Court

While quashing a preventive detention order under J&K Public Safety Act, the Jammu & Kashmir High Court has ruled that Constitution casts legal obligation on the Government to consider the detenu's representation as early as possible.Justice Sanjay Dhar observed,"Everyday delay in dealing with the representation has to be explained and the explanation offered must indicate that there was no slackness or indifference. Any unexplained delay would be breach of constitutional...

Ex-Parte Decree | Remedies Under Order 9 Rule 13 & Section 96 CPC Are Concurrent, Can Be Resorted To Simultaneously: Jammu & Kashmir High Court

The Jammu and Kashmir and Ladakh High Court has reiterated that remedies under Order 9 Rule 13 CPC and Section 96 of the CPC, which allow for setting aside an ex parte judgment and filing an appeal, respectively, are concurrent and can be resorted to simultaneously.Justice Javed Iqbal Wani made this reiteration while hearing a second appeal against judgment and decree passed by the Court of Sub-Judge Katra as also judgment and decree passed by the Court of District Judge Reasi in an appeal. In...

FEMA | No Natural Justice Violation If Adjudicating Authority Unable To Furnish Few Documents Relied Upon To Initiate Action: Jammu & Kashmir High Court

The Jammu and Kashmir and Ladakh High Court has emphasised that withholding documents from the aggrieved party does not violate natural justice principles if the opposing party is unable to provide them.A bench comprising Justice Sanjay Dhar made these observations while hearing a plea in terms of which the petitioner had challenged a communication issued by ED officials opining that adjudication proceedings as contemplated under Section 13(1) FEMA should be held against the petitioners.In the...