Procedural Delays In Reporting Seizures To Designated Authority Under UAPA Will Not Invalidate Proceedings: J&K High Court

The Jammu & Kashmir and Ladakh High Court has clarified that procedural delays in informing the Designated Authority about seizures under the stringent provisions of the Unlawful Activities (Prevention) Act, 1967 (UAPA) do not render the proceedings invalid.“The information though required to be communicated within 48 hours of the seizure, the delay, if any, caused will not by itself...

Irregularity & Curable Defect Cannot Be Grounds For Dismissal Of Application U/S 34 Of Arbitration Act: J&K High Court

The Jammu & Kashmir and Ladakh High Court Bench of Justice Sanjeev Kumar and Justice Puneet Gupta q held that the failure of the Chief Engineer to sign the pleadings, which were signed by the Garrison Engineer would only be an irregularity and a curable defect and would not entail dismissal of the application filed under Section 34 of the Arbitration Act without providing...

No Appeal Lies Against Compromise Decree, Party May Only Challenge Consent Decree Before Court Which Passed It: J&K High Court

Reaffirming the principle that no appeal lies against a compromise decree the Jammu and Kashmir and Ladakh High Court court has emphasised that a party seeking to avoid such a decree must challenge it before the court that issued it, proving the invalidity of the underlying agreement.Dismissing three connected petitions involving a compromise decree passed by the National Lok Adalat at...

J&K High Court Denies Bail In Rape & Suicide Case, Cautions Against Granting Bail In Heinous Offences Immediately Post Framing Of Charges

Stressing that bail should not ordinarily be granted in heinous offences like rape or murder once the trial begins, the Jammu and Kashmir and Ladakh High Court refused bail to the accused in a case of rape and abetment to suicide. Justice Sanjay Dhar observed that courts should refrain from granting bail just after framing charges or before the victim is examined, especially in...

Jammu & Kashmir And Ladakh High Court Weekly Roundup: January 6 - January 12, 2025

Nominal Index [Citations 1 - 5]:M/S K.P Singh Lau Through its proprietor Kavinder Pal Singh Vs Union of India 2025 LiveLaw (JKL) 1M/S SAWALKOTE PROSJEKTU TVIKLING AS (“SPAS") Vs UT Of J&K 2025 LiveLaw (JKL) 2Mohammad Yousuf Mir & Ors. v. UT of J&K & Ors 2025 LiveLaw (JKL) 3Hilal Ahmad Mir Vs Directorate Of Enforcement 2025 LiveLaw (JKL) 4Syed Tajamul Bashir Vs Farooq Ahmad...

J&K High Court Raises Concerns Over Improper Lok Adalat Award, Seeks Explanation From Judicial Officer

The Jammu and Kashmir and Ladakh High Court has sought an explanation from a judicial officer and an advocate involved in a Lok Adalat settlement after it took note of allegations of forgery and improper conduct in the recording of a settlement.While setting aside the award passed by the forum Justice Sanjay Dhar ordered, “.. it is directed that an explanation shall be called by the...

Existence Of "Proceeds Of Crime" Is Pre-Condition For Money-Laundering: J&K High Court Quashes PMLA Complaints In Alleged ₹250 Cr Scam

Underscoring the necessity of the existence of "proceeds of crime" for constituting an offence under the Prevention of Money-Laundering Act, 2002 (PMLA) the Jammu and Kashmir and Ladakh High Court has reiterated that in the absence of such proceeds, no money-laundering offence could arise.Quashing complaints filed under the PMLA in an alleged 250 crore scam Justice Javed Iqbal...

Jammu & Kashmir And Ladakh High Court Annual Digest: Part II Citation [ 175 - 356]

Judgments/Orders:Employer Not Obligated To 'Launch Manhunt Across Globe For Absconding Employees': J&K High Court Upholds Dismissal Of CRPF ConstableCase Title: MOHAMMAD SHAHBAZ MIR VS UNION OF INDIA.Citation: 2024 LiveLaw (JKL) 175Emphasising that an employer is not expected to launch a manhunt for an absconding employee across the globe the Jammu and Kashmir and Ladakh High Court upheld...

Piece-Rate Workers Not Entitled To Pension Benefits Granted To Regular Staff: J&K High Court

Jammu and Kashmir High Court: A single judge bench of Justice Sanjay Dhar dismissed petitions seeking pensionary benefits filed by former piece-rate workers of J&K Handicrafts Corporation. The court distinguished between piece-rate workers and regular employees, and held that workers paid based on daily output cannot claim parity with regular government employees for...

Jammu & Kashmir High Court Initiates Contempt Proceedings Against Law Firm Shardul Amarchand Mangaldas For Misquoting Judgment

Taking suo motu cognizance of misquotations of its 2010 judgment, the Jammu and Kashmir and Ladakh High Court has initiated contempt proceedings against the prominent law firm Shardul Amarchand Mangaldas.Noting misquotations made by the law firm in a legal notice concerning a hydroelectric project, Sawalkote Hydroelectric Power Project (HEP) Justice Rahul Bharti ordered,“...this Court...

Jammu & Kashmir And Ladakh High Court Monthly Digest: December 2024

Nominal Index [Citations 2024 LiveLaw (JKL) 324 - 356]:UT Of J&K Vs Showkat Ali 2024 LiveLaw (JKL) 324X Vs UT Of J&K 2024 LiveLaw (JKL) 325Ravinder Singh Vs State of J&K 2024 LiveLaw (JKL) 326Union of India Vs M/S Sharma Construction Co. Akhnoor District Jammu 2024 LiveLaw (JKL) 327State Of J&K Vs Mohammad Sayidullah Bhat 2024 LiveLaw (JKL) 328Peerzada Mohd Yehya Vs UT Of...

Judicial Review Can Be Resorted To When Terms Of Invitation To Tender Are Alleged To Be "Tailor-Made" To Suit Certain Participants: J&K High Court

Underlining that judicial interference is warranted only in cases of arbitrariness, mala fide or procedural irregularities the Jammu and Kashmir and Ladakh High Court has observed that Court can show its indulgence in tender matters, particularly when the terms of an invitation to tender are alleged to be "tailor-made" to suit certain participants.“.. it is made clear that the scope of...