Challenging Detention Orders, Getting Stay Before Execution May Prevent Proper Examination Of Evidence: J&K High Court

The Jammu and Kashmir and Ladakh High Court has held that after challenging a detention order before its execution through legal channels, they cannot argue that the order should be quashed due to a lack of live link between the current situation and the one when the detention order was issued.A division bench of Chief Justice N Kotiswar Singh and Justice Rajesh Sekhri reasoned that...

Jammu and kashmir High Court Weekly Roundup October 2 - October 8, 2023

Jammu and Kashmir and Ladakh High CourtWeekly Roundup October 2 - October 8, 2023 Nominal Index:Mridulla Kirti Vs High Court of J&K 2023 LiveLaw (JKL) 256MAQSOOD AHMAD SHOOSHA Vs. STATE OF J&K &OTHERS 2023 LiveLaw (JKL) 257Kirti Mridulla Vs J&K High Court 2023 LiveLaw (JKL) 258Abdul Majeed Dar alias Madnee Vs UT of Jammu and Kashmir & others 2023 LiveLaw...

Jammu & Kashmir And Ladakh High Court Monthly Digest: September 2023

Nominal Index [Citations 238-255]:Happy Singh vs. Union of India 2023 LiveLaw (JKL) 238SHAH MASOOD AHMAD AND ANR vs. SHAH SHABIR AHMAD 2023 LiveLaw (JKL) 239BILLO KASANA & OTHERS Vs STATE OF J&K & ORS 2023 LiveLaw (JKL) 240Noor Ahmad Shah vs. Union of India and Ors 2023 LiveLaw (JKL) 241MOLVI AB. RASHID SHEIKH Vs U T OF J&K & Anr. ..Mushtaq Ahmad Bhat @ Veeri V/s...

[Child Abuse] Jammu & Kashmir HC Seeks Govt's Stand On Suggestion To Mandate Sex Education In Schools, Establish One-Stop Complaint Centres

The Jammu and Kashmir High Court has sought government's stand on a series of recommendations put forth by lawyer-activist Meenu Padha in an ongoing suo moto case concerning protection of children from abuse and exploitation in the Union Territory.The recommendations include a suggestion to mandatorily include sex education in school curriculum and to establish one-stop complaint centres...

Jammu & Kashmir High Court Grants Relief To Islamic Cleric Detained Based On FIR Which Concluded In Acquittal

The Jammu & Kashmir and Ladakh High Court has quashed the detention order passed against Abdul Majeed Dar, a prominent Islamic cleric popularly known as AL Madnee.Madnee had argued that the detention order lacked independent application of mind and was influenced by a dossier furnished by a sponsoring agency. He also stated that the impugned order passed in 2022 was based on a FIR...

Jammu & Kashmir High Court Refuses To Postpone Civil Judge Exam, Says Candidates Expected To Be Prepared

Dismissing a fresh plea seeking deferment of the Civil Judge Exam for more preparation time to aspirants, the Jammu and Kashmir and Ladakh High Court on Thursday said that once the candidate is ready to apply for any particular post, he cannot claim a specific period for preparation as he is supposed to be prepared.Court dismissed the plea moved by fifteen aspirants challenging the...

Degrees Issued By Private Universities Not Recognised By UGC Invalid For Govt Jobs: Jammu & Kashmir High Court Reiterates

The Jammu & Kashmir High Court has reiterated that a degree issued by a private university through a study centre or off-campus centre that lacks prior approval from the UGC is invalid and cannot be utilised to secure employment within the Government sector.Justice Sanjay Dhar added that when the petitioner himself was not eligible to be selected, he could not challenge the selection...

Jammu & Kashmir High Court Dismisses Plea By Civil Judge Aspirants Seeking Relaxation Of Upper Age Limit

The Jammu and Kashmir High Court has dismissed a petition filed by a group of candidates seeking age relaxation for the Kashmir Civil Service (KCS) Judicial Examinations.The upper age limit for appearing in the exam scheduled this Sunday is 35 years. Petitioners herein, 23 in number, were aged 36-38 years.The court said that while participating in the recruitment process, a candidate...

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 be...

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 to...

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...