Jammu & Kashmir And Ladakh High Court Weekly Roundup: 25 September - 1 October, 2023

Nominal Index:Dilshad Sheikh & Ors vs Sabha Sheikh 2023 LiveLaw (JKL) 251Bashir-Ud-Din Vs UT Of J&K 2023 LiveLaw (JKL) 252Hotel Ashai Srinagar & Ors. Vs State of J&K 2023 LiveLaw (JKL) 253Ama Teli V/s Manzoor Ahmad Bhat and others 2023 LiveLaw (JKL) 254Sheikh Abdul Majeed Vs UT of J&K 2023 LiveLaw (JKL) 255Judgments/Orders:FIR Can Be Registered On Complaint Received...

Offences Under Prevention Of Corruption Act Can Be Invoked Against Persons Discharging Public Duty, Not Only Public Servants: J&K High Court

The Jammu & Kashmir High Court on Tuesday held that a broad interpretation of the term "public servant" under Section 2(c) of the Prevention Of Corruption Act is essential to curb the growing menace of corruption in the society imparting public duty. Justice Wasim Sadiq Nargal also clarified that it would be inappropriate to limit the definition by an interpretation which would...

J&K Agrarian Reforms Act | Landlord-Tenant Relationship To Be Established Between Parties To Avail Ownership Rights U/S 4, 8 : High Court

The Jammu and Kashmir and Ladakh High Court has recently ruled that in order to get the benefit of Sections 4 and 8 of the Agrarian Reforms Act, 1976 it has to be established that there was a relationship of a landlord and tenant between the parties and a tenant who was in possession of the land was paying rent to the landlord.Justice Javed Iqbal Wani emphasized that the Act aimed...

Jurisdiction U/Art 226 Not Confined To Administrative, Executive Actions Of State, Also Extends To Promissory Estoppel: J&K High Court

The Jammu and Kashmir and Ladakh High Court recently observed that the High Court's authority under Article 226 of the Constitution is not confined to scrutinizing the administrative and executive decisions of the government but also applies to the applicability of the doctrine of promissory estoppel.Justice Wasim Sadiq Nargal observed that jurisdiction under Article 226 can be invoked to...

History Sheets Only To Be Opened If Authority Reasonably Convinced Of Habitual Offending: Jammu & Kashmir High Court

The Jammu and Kashmir and Ladakh High Court recently ruled that law enforcement shall strictly adhere to established parameters in Police Rules while opening or retaining history sheets. It added that a history sheet can be opened only on the subjective satisfaction of the authority that the person is a habitual offender. Justice M A Chowdhary added that authorities must exercise...

FIR Can Be Registered On Complaint Received Via WhatsApp: Jammu & Kashmir High Court

The Jammu and Kashmir and Ladakh High Court recently held that registration of complaints via WhatsApp, coupled with acknowledgement by relevant authorities, is substantial compliance of Sections 154(1) and 154(3) of CrPC- provisions pertaining to registration of FIRs.Justice Javed Iqbal Wani made this observation while hearing a plea challenging a complaint filed by the respondent...

Jammu & Kashmir And Ladakh High Court Weekly Roundup: September 11 - September 17, 2023

Nominal Index:Sajad Ahmad Mir V/s Mukhtair ul Qadir 2023 LiveLaw (JKL) 245Mohammad Rafiq Mir Vs Mohamad Bhat 2023 LiveLaw (JKL) 246Intizamiya Committee Dargah and Anr v. Union Territory of J&K and Ors 2023 LiveLaw (JKL) 247Nikhil Sharma Vs State of J&K and others 2023 LiveLaw (JKL) 248Abdul Rashid Dar vs. UT Of J&K 2023 LiveLaw (JKL) 249Brij Mohan Sawney Vs Sanjeev Kumar Gupta...

J&K Arbitration And Conciliation Act | Filing Application U/S 5 Not Bar To Referral For Arbitration U/S 8(1): High Court

The Jammu and Kashmir and Ladakh High Court has clarified that filing of the application under Section 5 of the Jammu and Kashmir Arbitration and Conciliation Act, 1997 cannot be construed as a submission of statement of the substance of the dispute within the meaning of Section 8(1) of the Act to create a legal bar in referring the matter to an arbitratorSection 8(1) of the Act prescribes...

Court Not Barred From Assessing Detention Orders If Unjust Detention Suspected: Jammu & Kashmir High Court

The Jammu and Kashmir and Ladakh High Court has quashed a detention order observing that while the Court does not engage in evaluating the detention order as in an appellate process, it does not imply that the Court is entirely precluded from scrutinizing the detention order. Justice Puneet Gupta added that if it finds that the order is merely a facade designed to unjustly detain...

No Father Would Falsely Accuse An Innocent Person Of Committing Rape On Mentally Unsound Minor Daughter: Jammu & Kashmir High Court

The Jammu and Kashmir and Ladakh High Court has upheld a rape conviction on the testimony of the father of the mentally unsound daughter observing that no father would falsely implicate an innocent person for such an offence. A bench of Justices Rajnesh Oswal and Moksha Khajuria Kazmi was hearing an appeal against the judgment passed by the Additional Sessions Judge which convicted...

Govt Notifications That Create, Extinguish Rights Should Be Published In Govt Gazette Unlike Those Declaring Existing Facts: J&K High Court

The Jammu and Kashmir and Ladakh High Court has held that while government notifications that create or extinguish rights and liabilities require mandatory publication in the Government Gazette, those that inform the public about existing facts can be deemed as directory in nature.A bench of Justice Javed Iqbal Wani was hearing a petition challenging the takeover of a religious site...

CPC | Not Necessary To Assess Legality Of Underlying Circumstances While Allowing Amendment To Plaints: J&K High Court

The Jammu and Kashmir and Ladakh High Court has emphasised that when permitting amendments of plants under Order VI Rule 17 CPC, courts are not obligated to delve into the legality or illegality of the circumstances that prompted the amendment.Justice Puneet Gupta added that the order sought to be included in the amended pleadings was a matter for a forum other than the civil court.“The...