CPC Intended To Facilitate Justice & Not Penalise Individuals, Procedural Errors Can't Defeat A Rightful Relief: Jammu & Kashmir High Court

The Jammu and Kashmir High Court has recently emphasised that the Code of Civil Procedure is intended to facilitate justice, not to penalize individuals and courts typically do not deny rightful relief due to procedural errors or mistakes, whether they result from negligence, inadvertence, or rule violations.Justice Javed Iqbal Wani thus set aside an order passed by the Court of Special...

Only National Freedom Fighters Eligible For Benefits Under Swantantrata Sainik Samman Pension Scheme, Not Militancy Fighters: J&K High Court

The Jammu and Kashmir and Ladakh High Court has recently held that individuals who fought against militancy do not meet the criteria for pension under the Swantantrata Sainik Samman Pension Scheme. Justice Sanjay Dhar explained that the said pension scheme is particularly designed to honour those who actively participated in the National Freedom Struggle as prescribed in the SSA Pension...

Migrant's Property Cannot Be Alienated Without Revenue Minister's Permission, Not Even By Court Decree: Jammu & Kashmir High Court

The Jammu and Kashmir and Ladakh High Court has made it clear that the J&K Migrant Immovable Property 1997 prohibits alienation of immovable property of a migrant not only by act of parties but also by a decree or order of a Court or a revenue officer, without previous permission of Revenue and Relief Minister."A perusal of Section 4 of the Act of 1997 would reveal that the...

Courts To Avoid Pedantic Approach In Application For Supplementing Grounds For Delay Condonation, Unless They Determine Parties' Rights: J&K High Court

The Jammu and Kashmir High Court has recently observed that a pedantic approach should not hinder the incorporation of additional grounds in applications seeking condonation of delay. Justice Puneet Gupta emphasised that the court should refrain from overly strict or pedantic scrutiny when parties seek to introduce supplementary pleadings in applications that do not ultimately determine...

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

Nominal Index [Citations 199 - 237]:Ghulam Rasool Sofi Vs State Of J&k 2023 LiveLaw (JKL) 199Mohammad Younis Mir Vs Union Territory of J&K & Anr 2023 LiveLaw (JKL) 200Ravinder Kumar Vs State of J&K 2023 LiveLaw (JKL) 201Shahbaz Ahmad Palla 2023 LiveLaw (JKL) 202Yoginder Singh Vs Union Of India 2023 LiveLaw (JKL) 203Imran Nabi Wani Vs UT of J&K 2023 LiveLaw (JKL) 204State...

Jammu & Kashmir And Ladakh High Court Weekly Round-Up: August 28 - September 3, 2023

Nominal index:M/S CADILA HEALTH CARE LTD. Vs PRESIDING OFFICER & ANR 2023 LiveLaw (JKL) 233SSP Kathua Vs Baghwan Das 2023 LiveLaw (JKL) 234BOCA Jammu Vs Nageen Ara 2023 LiveLaw (JKL) 235State of J&K and others Vs Smt. Manjeet Kour and others 2023 LiveLaw (JKL) 236Vinkal Sharma and others V/s UT of J&K and others 2023 LiveLaw (JKL) 237Judgments/Orders:Termination Order Cannot...

'Drug Abuse Taking A Toll On Lives Globally': J&K High Court Upholds Preventive Detention Of Alleged Drug Trafficker

The Jammu and Kashmir and Ladakh High Court has observed that the ongoing impact of illicit drug trafficking and drug abuse has taken a substantial toll on countless lives and robbed many individuals of their productive years worldwide.Justice Wasim Sadiq Nargal thus upheld the preventive detention of an alleged drug trafficker hailing from Punjab.“Drug trafficking along with drug...

JKSSB Recruitment: High Court Stays Selection Process Till Govt Takes Decision On Recruiting Agency's Allegedly Unfair Conduct

The Jammu and Kashmir High Court has dismissed "mere apprehensions" of unfair conduct of the Jammu and Kashmir Service Board (JKSSB) in recruitment but has halted the selection process, till a final decision is taken by the government on the report/recommendations made by the High-Level Committee which was appointed to review the board's functioning.The Committee was constituted to...

Electrocution | 'Negligence Of Injured/Deceased' No Defence For Enterprises Engaged In Hazardous Activity: Jammu & Kashmir High Court

The Jammu and Kashmir High Court has held that enterprises or departments engaged in hazardous activities cannot claim immunity from granting compensation on the ground that accident occurred due to negligence of the injured or deceased individuals.The Bench comprising Justice Sanjeev Kumar and Justice Rahul Bharti observed, “The plea that the accident happened due to the negligence of...

J&K Control Of Building Operations Act | Unauthorised Constructions Compounded By Municipal Authorities Deemed Authorised: High Court

The Jammu and Kashmir High Court has held that once an unauthorized construction has been compounded by the municipal authorities, it attains the status of an authorized construction, thereby rendering any subsequent legal proceedings challenging its legitimacy as unsustainable under Article 226 of the Constitution of India.Justice Wasim Sadiq Nargal was hearing a petition filed by the...

Dying Declaration | One Line Certificate By Doctor That Patient Is Fit Without Any Observation Not Sufficient: Jammu & Kashmir High Court

The Jammu & Kashmir High Court has made it clear that mere one-line certification by a doctor stating a patient's fitness, without any other observation, is inadequate in assessing the authenticity of the patient's dying declaration. A bench of Justices Atul Sreedharan and Mohan Lal emphasised on the need for a thorough evaluation of the mental condition of the declarant to ensure...

Sonamarg Construction Ban: Jammu & Kashmir High Court Grants Special Exception For Maintenance/ Repair Of Army Installations

The Jammu and Kashmir High Court has allowed the Indian Army to conduct vital maintenance and repair works in existing structures within the High Altitude Warfare School (HAWS) and other transit camps situated in the pristine region of Sonamarg. Marking a distinct departure from previous restraints imposed by the court, the bench of Chief Justice N. Kotiswar Singh and Justice M A...