J&K Land Acquisition Act | Deputy Commissioner Not Authorized To Make Section 6 Declarations On 'Public Purpose': High Court

Shedding light on crucial aspects of the land acquisition process under the J&K Land Acquisition Act, 1990, the Jammu and Kashmir and Ladakh High Court has held that a Deputy Commissioner exercising the powers of a particular district has not been delegated with the power to make a declaration under Section 6 of the Act which is conclusive evidence that the land is needed for...

Simultaneous Prosecution Under PMLA, UAPA Not Double Jeopardy: Jammu & Kashmir High Court

Emphasizing that the offence under Section 3 of the Prevention of Money Laundering Act (PMLA) is distinct and independent from offences under the Unlawful Activities (Prevention) Act (UAP Act), the Jammu and Kashmir and Ladakh High Court has held that simultaneous prosecution under both laws does not amount to double jeopardy.A bench of Justice Sanjay Dhar observed,“These offences are...

Jammu & Kashmir And Ladakh High Court Weekly Roundup: August 14 - August 20, 2023

Nominal Index:MANAGING DIRECTOR JK HANDICRAFTS Vs AGA SYED MUSTAFA & ANR 2023 LiveLaw (JKL) 215Aamir Javid Waza and ors. Vs Gousia Jan and Ors 2023 LiveLaw (JKL) 216MOHAMMAD ASHRAF RESHI Vs STATE OF J&K 2023 LiveLaw (JKL) 217Abdul Rashid Dar and others Vs Ghulam Qadir Dar and others 2023 LiveLaw (JKL) 218Inder Jeet Singh Vs ICICI Lombard and another 2023 LiveLaw (JKL) 219Vishwakarma...

25 Years On, Jammu & Kashmir High Court Orders Compensation To Landowners Affected By Ranjit Sagar Dam Submersion

The Jammu & Kashmir High Court recently directed the Union Territory to pay compensation to the landowners whose properties were submerged due to the construction of the Ranjit Sagar Dam (also known as Thein Dam Project) over 25 years ago. Justice Wasim Sadiq Nargal added that the petitioners should not have to wait for intergovernmental settlements for the disbursement obligated...

Nothing Has Improved Even A Decade After Nirbhaya: Jammu & Kashmir High Court Convicts Grandfather Of Raping Toddler

Upholding the conviction of a man accused of raping his one-year-old granddaughter, the Jammu and Kashmir and Ladakh High Court recently expressed its concern that despite over a decade since the heinous Nirbhaya case, little progress has been made in addressing the increasing crimes against women and children. A bench of Justices Sanjay Dhar and Rajesh Sekhri added that women have the right...

Legality Of Award Passed By Labour Court Can't Be Challenged Under Article 226 Of Constitution: Jammu & Kashmir High Court

The Jammu & Kashmir and Ladakh High Court has held that the legality or correctness of an Award passed by the Labour Court cannot be challenged under Article 226 of the Constitution of India. The Labour Court assumes the powers of a Civil Court when passing an award under the Industrial Disputes Act. Any orders from a Civil Court can be contested before the High Court only under Article...

Insurance Agents Liable For Errors In Insurance Applications, Must Provide Diligent Assistance To Customers: Jammu & Kashmir High Court

The Jammu and Kashmir High Court recently held that insurance agents are required to provide careful and diligent assistance to customers while helping them complete insurance applications as intermediaries between clients and insurance companies.A division bench of Justices Tashi Rabstan and Wasim Sadiq Nargal thus granted relief to the owner of a Hydraulic Excavator whose insurance claim...

Counterclaims Have Independent Status, Can Continue Despite Dismissal Of Primary Suit: Jammu & Kashmir High Court

The Jammu and Kashmir and Ladakh High Court recently observed that a counterclaim, once raised by a defendant, possesses an independent status and that even in cases where the primary suit is stayed, discontinued, or dismissed, the counterclaim can continue unabated.Justice Sindhu Sharma thus dismissed a revision petition challenging an order passed by the trial court which had allowed...

Using Higher Denomination Note For Goods Of Lower Value Insufficient To Prove Knowledge For Possessing Counterfeit Currency: J&K High Court

The Jammu & Kashmir and Ladakh High Court recently observed that tendering a higher denomination currency note for goods of lower value is common practice and does not necessarily indicate knowledge of forged notes.Justice Sanjay Dhar added that no liability can be imposed under Sections 489B and 489C of the RPC unless it is proven that the person in possession or using forged currency...

Industrial Disputes Act | Employer's Failure To Assign Work To Employee Deemed Retrenchment: Jammu & Kashmir High Court

The Jammu & Kashmir and Ladakh High Court has recently ruled that even if an employer corporation does not explicitly issue a termination order, its behaviour of not assigning work to an employee while doing so for others can still be considered as retrenchment under the Industrial Disputes Act of 1947.Justice Sanjay Dhar added that any cessation of a workman's service, apart from...

'Temporary Residence' Under Domestic Violence Act Includes Victim's Shelter Amidst Matrimonial Home Turmoil: Jammu & Kashmir High Court

Clarifying the interpretation of the term "temporary residence" under the Protection of Women from Domestic Violence Act, 2005, the Jammu and Kashmir and Ladakh High Court has emphasised that a "temporary residence" encompasses situations where an individual is compelled to find refuge due to domestic violence, or where they have been forced out of their matrimonial home.“A...

J&K&L High Court Chief Justice Leads 'Tiranga Rally' In Srinagar To Celebrate 75 Years Of Independence

The Jammu and Kashmir and Ladakh High Court Chief Justice on Sunday flagged a monumental 'Tiranga Rally' to honour the sacrifices made by those who fought for India's freedom and mark the nation's glorious 75-year journey since Independence.Flagging off the event from the Srinagar Wing of the High Court, Chief Justice N Kotiswar Singh lead the procession himself with the rally concluding at...