Jammu & Kashmir And Ladakh High Court Weekly Round-Up: August 21 - August 27, 2023

Nominal Index :IRSHAD AHMAD QURESHI & ANR Vs. STATE OF J&K & OTHERS 2023 LiveLaw (JKL) 223Gul Mohammad and Ors Vs State of J&K and Ors 2023 LiveLaw (JKL) 224Noor Illahi Fakhtoo vs UT of J&K and Ors 2023 LiveLaw (JKL) 225Surjeet Singh Vs Sheikh Behzad Khalid & others 2023 LiveLaw (JKL) 226Nazir Ahmad Ganie and Another Vs Mohammad Amin Ganie 2023 LiveLaw (JKL)...

Drug Abuse An Epidemic Among Youth: Jammu & Kashmir High Court Calls For Collective Action

Upholding the detention order of a petitioner found engaged in illicit drug trafficking, the Jammu and Kashmir High Court emphasised the need for joint efforts from the concerned agencies and community leaders to combat the growing menace of drug abuse, particularly among the youth.Justice M A Chowdhary observed, “The epidemic of drug abuse in younger generation has assumed alarming...

Jammu & Kashmir High Court Initiates Donation Drive For Himachal Pradesh, Calls For Donations To Support Relief Efforts

In response to the catastrophic natural calamity that recently struck Himachal Pradesh, the High Court of Jammu & Kashmir and Ladakh has asked the Judicial Officers of the UT’s of J&K and Ladakh to contribute or donate voluntarily towards the relief operations in the calamity struck state.In an official announcement made on August 24, 2023, the court has initiated a donation drive...

Termination Order Cannot Be Challenged U/S 33C(2) Of Industrial Disputes Act: Jammu & Kashmir High Court

The Jammu and Kashmir High Court has recently ruled that the validity of a dismissal order cannot be addressed within the confines of a proceeding under Section 33C(2) of the Industrial Disputes Act as the issue relating to validity of a dismissal order can by no stretch of imagination be termed as incidental to the proceedings under Section 33C(2) of the Act.Justice Sanjay Dhar...

J&K Distillery Rules | State Can't Levy Excise Duty On Rectified Spirit Unfit For Human Consumption: High Court

The Jammu and Kashmir High Court has recently ruled that the State does not possess the requisite legislative competence to impose Excise Duty on rectified spirit not suitable for human consumption as per Rules 107 and 108 of the Jammu & Kashmir Distillery Rules. Justice Moksha Khajuria Kazmi interpreted the Jammu and Kashmir Excise Act to allow Excise Duty only on spirits that had...

Building Violations: High Court Seeks Jammu Municipal Commissioner's Affidavit, Asks Whether Action Initiated Against Erring Enforcement Inspectors

Taking note of the pressing issue of building violations, the Jammu and Kashmir and Ladakh High Court has directed the Municipal Commissioner of Jammu to furnish an exhaustive affidavit, outlining the extent and gravity of both major and minor building violations along with the steps taken to rectify the situation, particularly in Green Belt Park and Gandhi Nagar areas.The directions to...

Court Can Review Detention Orders Despite Detaining Authority's Subjective Satisfaction: Jammu & Kashmir High Court

While acknowledging the principle of not ordinarily interfering with the detaining authority's subjective satisfaction, the Jammu and Kashmir and Ladakh High Court on Wednesday clarified that this principle does not preclude the court from examining the material that forms the basis of detention.Justice Puneet Gupta found that while the detention order need not be preceded by a police case,...

Jammu & Kashmir High Court Imposes 1 Lakh Penalty On State For Bypassing Land Acquisition Procedures

Coming down heavily against the state administration for forcibly acquiring land without due process and compensation, the Jammu and Kashmir High Court imposed a penalty of Rs. 1 lakh on the state for violating the constitutional right to property. Justice Wasim Sadiq Nargal emphasised that property rights are a cornerstone of a democratic society governed by the rule of law and that the...

Engaged In Anti-National Activities Since Tender Age: J&K High Court Upholds Detention Of Alleged Dukhtaran-e-Milat Operative

The Jammu and Kashmir High Court has upheld a preventive detention order issued against Haseena Akhter who is allegedly associated with the banned outfit Dukhtaran-e-Milat.Justice M.A Chowdhary upheld the detention order upon finding that the detenu was involved in anti-national activities from a young age and her activities posed a potential threat to the security of the State, justifying...

Appellant Should Also Challenge Decree Not Just Judgment U/S 96 CPC: Jammu & Kashmir High Court

The Jammu and Kashmir High Court on Tuesday highlighted that an appeal must challenge the decree passed by the original court, not just the judgment as mandated by Section 96 of the Code of Civil Procedure (CPC). Justice Puneet Gupta emphasised that the responsibility to challenge the decree rested with the appellants and that their failure to do so within the stipulated time period could not...

"Useless Formality Theory": J&K High Court Says Post-Decisional Hearing Can Remove Procedural Deficiency Of Pre-Decisional Hearing

The Jammu and Kashmir High Court recently observed that the "Useless Formality Theory" would be relevant in cases where a party's case lacks substance or chances of success are slim, and applying natural justice principles would not change the outcome.The Bench comprising Justice Javed Iqbal Wani clarified that even in such cases, taking recourse to a post-decisional hearing can fix...

Mistake Of Fact Or Law Not Ground To Entertain Article 227 Petition Unless There Is Manifest Miscarriage Of Justice: Jammu & Kashmir High Court

The Jammu and Kashmir High Court has underscored that a petition under Article 227 of the Constitution cannot be invoked merely on the basis of personal dissatisfaction with court orders.Justice Puneet Gupta stressed that orders cannot be set aside without substantial grounds, and even errors of fact or law may not warrant interference unless they result in a clear miscarriage of justice.The...