Rigid Constraints Of Formal Pleadings Need Not Be Strictly Adhered To In A Claim Plea Under Motor Vehicles Act: J&K High Court

Dismissing an appeal challenging an award passed by the Motor Accidents Claims Tribunal (MACT) under the Motor Vehicles Act, 1988 the Jammu and Kashmir and Ladakh High court has reitrated that in a claim petition submitted under the Motor Vehicles Act, the rigid constraints of formal pleadings need not be strictly adhered to.A bench of Justice Javed Iqbal Wani clarified that it is not...

Jammu and Kashmir and Ladakh High Court Weekly Roundup November 27 - December 3, 2023

Nominal Index:Nazir Ahmad Najar Vs UOI 2023 LiveLaw (JKL) 300Hakeem Muzafar Khaliq Vs Inspector General, Crime Branch, Srinagar 2023 LiveLaw (JKL) 301Building Operation Controlling Authority Vs Vikas Gupta 2023 LiveLaw (JKL) 302Members of Saini Community Th. Suksham Singh Vs UT of J&K 2023 LiveLaw (JKL) 303Mehmooda Vs State of J&K 2023 LiveLaw (JKL) 304Judgments/Orders: 'Seema...

Judgement In Rem Extends Benefits To All Similarly Situated Employees, Denying Them Violates Articles 14 & 16: J&K High Court

The Jammu and Kashmir and Ladakh High Court has recently held that when a set of employees is given a particular relief by a Court of law, all identically situated persons would need to be treated alike by extending the said benefits to them as well. The court further clarified that the extension of such benefits would be irrespective of whether they approached the court during their...

Jammu and Kashmir and Ladakh High Court Monthly Digest November 2023

Nominal Index:Abdul Rehman Nath V/s Umar Mohammad Beigh 2023 LiveLaw (JKL) 278Dr. Abid Hussain Vs State (now Union Territory) of J&K 2023 LiveLaw (JKL) 279Syed Irfan Abdullah Vs UT of J&K 2023 LiveLaw (JKL) 280Mrs. Syed Asma Balki Vs. Mudasir Shibzada 2023 LiveLaw (JKL) 281ZAHOOR AHMAD DAR Vs JAMEELA BANO & ANOTHER 2023 LiveLaw (JKL) 282A K Engineers and Contractors Pvt Ltd v....

High Court Restrains J&K Administration From Issuing Caste Certificates To Saini Community

The High Court of Jammu and Kashmir and Ladakh has prohibited the Union Territory Administration from granting caste certificates to individuals belonging to the Saini Community until the government definitively establishes their status as a socially disadvantaged and underprivileged group.Justice Rajnesh Oswal passed these directions while hearing a plea moved by the members of the...

BOCA Act | S.15 Confers Finality To Tribunal Orders, Invoking Extraordinary Jurisdiction Directly Conflicts With The Same: J&K High Court

The Jammu and Kashmir and Ladakh High Court recently dismissed a writ petition invoking extraordinary jurisdiction, emphasizing that the finality of orders under Section 15 of the Building Operations Controlling Authority (BOCA) Act, 1988, would conflict with the imposition of extraordinary jurisdiction by the Court. A bench of Justice Javed Iqbal Wani observed that since finality had...

J&K Reservation Act 2004 | Social Caste Certificate Can Only Be Cancelled By Deputy Or Divisional Commissioner: High Court

The Jammu and Kashmir and Ladakh High Court has recently quashed an order cancelling the Other Social Caste (OSC) Certificate of the petitioner while observing that the Additional Deputy Commissioner lacked the authority to cancel such certificates. A bench of Justice Wasim Sadiq Nargal has clarified that if any person is aggrieved by the issuance of an OSC certificate by the competent...

Jammu And Kashmir & Ladakh High Court: Weekly Round Up [November 20 - November 26, 2023]

Nominal Index [Citations 290 - 300]:Madhu Bakshi Vs ACB Kashmir 2023 LiveLaw (JKL) 290Jagar Singh Vs UT of J&K 2023 LiveLaw (JKL) 291Peerzada Shah Fahad Vs UT of J&K & Anr 2023 LiveLaw (JKL) 292Adil Farooq Bhat Vs VC Central University Kashmir 2023 LiveLaw (JKL) 293Sunita Wali Vs UOI and others 2023 LiveLaw (JKL) 294Jahangeer Ahmad Mugloo Vs UT of J&K 2023 LiveLaw...

'Seema Suraksha Bal' A Central Force With Pan India Presence, Its Orders Subject To Challenge Across All High Courts: J&K High Court

The Jammu and Kashmir & Ladakh High Court upon quashing the removal order of a Sashastra Seema Bal (SSB) Constable has observed that the Seema Suraksha Bal (SSB), is a force of the Union of India with a pan-India presence, making orders passed by it appealable before any of the High Courts in the country.These observations were made by Justice M A Chowdhary while hearing a plea of a...

Contradiction On Case's Crucial Aspects Totally Discredits Witness Statement, Makes It Unreliable: Jammu & Kashmir High Court

The Jammu & Kashmir and Ladakh High Court has recently observed that the successful contradiction of a witness's statement on crucial aspects of a case would totally discredit their account and render it unreliable and untrustworthy.A bench of Justice Sanjay Dhar observed:“It is true that even if defence is successful in contradicting a witness, it would not always mean that...

Non-Adherence Of Codal Formalities No Ground To Deny Contractor's Dues After Work Completion: Jammu & Kashmir High Court

The Jammu and Kashmir and Ladakh High Court has recently said that the Government cannot deprive a contractor of his dues after work completion, by raising a plea that codal formalities at the time of allocation of the work had not been not adhered to.Justice Sanjay Dhar said that the adherence to codal formalities is an internal mechanism of the Department and once they had allotted a...

CPC | Proprietary Concerns Can File Suits Provided Complete Details Of Owner Are Disclosed In Plaint: J&K High Court

The Jammu & Kashmir and Ladakh High Court has ruled that a suit by a proprietary concern of a sole proprietor or under an assumed business name is maintainable, provided complete details of the owner are disclosed in the plaint.Clarifying the law on the subject of suits filed by proprietary concerns, Justice Javed Iqbal Wani observed,“..A suit by a proprietary concern of a sole...