No FIR Against Detenu, Record Appears To Be Manipulated: Jammu & Kashmir High Court Quashes Preventive Detention Order

The Jammu and Kashmir and Ladakh High Court has quashed a preventive detention order passed against a person in absence of any FIR against him. A single bench of Justice Sanjay Dhar remarked,"Surprisingly, when no FIR is shown to have been registered against the petitioner, then how come 27 leaves of FIR etc. have been provided to him. This exhibits total non-application of mind...

Fitness Certificate Implicit In Temporary Registration Certificate For New Vehicles: Jammu & Kashmir High Court

The Jammu and Kashmir & Ladakh High Court has held that a fitness certificate is implicitly included in the temporary registration certificate issued to a brand-new vehicle and hence repudiating an insurance claim solely based on the absence of a fitness certificate is not sustainable in law.“…The object behind the requirement of a fitness certificate under Section 56 of the Act and...

Insurer Bound By Contract Entered Into By Authorized Agent On Its Behalf, Premium Paid By Insured To Agent Binds Company: J&K High Court

Upholding the liability of an insurance company for compensation despite a dishonoured premium cheque, the Jammu and Kashmir & Ladakh High Court has recently ruled that that the insurance company cannot evade its responsibility if an authorized agent collects the premium in cash but issues a personal cheque that later bounces.“It would be deemed as if the amount of the premium had...

J&K Hindu Succession Act | Will Can Be Executed In Favour Of Unrelated Person: High Court

The Jammu and Kashmir High Court has made it clear that a Will under Section 27 of the Jammu and Kashmir Hindu Succession Act can be executed in favour of a person who is not even related to the executant.A single bench of Justice Vinod Chaterjee Koul said Will is statutorily recognized mode of "alteration of natural line of succession" delineated by Hindu Succession Act without any...

Jammu & Kashmir And Ladakh High Court Weekly Round-Up: July 03 To July 09

Nominal IndexUnion Of India Vs Altaf Ahmad Mir 2023 LiveLaw (JKL) 169State of J&K Vs Gulji Bhai & Ors 2023 LiveLaw (JKL) 170State of J&K Vs Rajinder Kumar 2023 LiveLaw (JKL) 171M/s Delton Infra Pvt. Ltd. Vs State of J&K and another 2023 LiveLaw (JKL) 172Sh. Krishan Singh Jasrotia (deceased) represented through LRs Bimla Devi and others Vs Union of India and others 2023...

PSA | Jammu & Kashmir High Court Pulls Up District Magistrate For Wrongly Mentioning Detenu's Name, Issuing Corrigendum As "Cover Up"

The Jammu and Kashmir High Court recently slammed a District Magistrate for wrongly mentioning the name of detenu in the operative part of the preventive detention order issued under the J&K Public Safety Act and issuing a "so-called" corrigendum after detention.Ashfaq Ahmed, the petitioner was detained on March 21. Operative portion of the preventive detention order however mentioned...

Jammu & Kashmir High Court Sets Aside Rape Conviction After 17 Yrs, Says Non-Compliance With Section 313 CrPC Prejudiced Accused

While setting aside a rape conviction handed down 17 years ago, the Jammu & Kashmir and Ladakh High Court highlighted a crucial failure on the part of the Trial Court to adhere to the mandatory procedure outlined in Section 313 of the Criminal Procedure Code. It emphasized that convicting the appellant-accused solely based on incriminating evidence, without providing an opportunity to...

Jammu & Kashmir High Court Grants Anticipatory Bail To Phyang Councillor Accused Of Forging His Birth Certificate For LAHDC Polls

The Jammu & Kashmir and Ladakh High Court last month (vide order made available today) granted anticipatory bail to Tundup Nurbu, the Councillor of Phyang Constituency of Ladakh Autonomous Hill Development Council (LAHDC) accused of forging his birth certificate to fight LAHDC polls.The case was registered based on a complaint filed by his opponent, Skalzang Dorjey alleging that Nurbu who...

Sarcastic Remarks, Mere Harassment By Husband Due To Marital Discord Not 'Abetment Of Suicide': Jammu & Kashmir High Court

Mere harassment of a wife by her husband or in-laws due to matrimonial discord or sarcastic remarks per se does not attract the offence of abetment of suicide, the Jammu & Kashmir and Ladakh High Court held recently.While upholding the acquittal of a man from charges under Section 306 of the Ranbir Penal Code (RPC) after his wife set herself ablaze and died, a single bench of Justice...

25 Yrs On, Jammu & Kashmir High Court Directs Departmental Promotion Committee To Consider Promotion Of Cop Posthumously

The Jammu & Kashmir and Ladakh High Court has recently ordered the Home Department to constitute a fresh Departmental Promotion Committee (DPC) to consider the posthumous promotion of a late police officer to the rank of Assistant Commandant. The court's decision came after a prolonged legal battle spanning 25 years, in which the petitioner had sought rightful promotion and recognition...

No Compulsory Retirement Merely On Committee Recommendation, Competent Authority Must Be Satisfied Of 'Bonafide' Public Interest: J&K High Court

Shedding light on the criteria for compulsory retirement of government employees under the J&K Civil Services Regulations, the Jammu & Kashmir and Ladakh High Court has held that the decision to retire an employee prematurely cannot be solely based on recommendations from a committee. Instead, the competent authority must independently form a bona fide opinion that the retirement is...

Employer Making EPF Contribution Under Central Act Can't Be Compelled To Contribute For Same Employee Under State Act: Jammu & Kashmir High Court

The Jammu & Kashmir High Court has ruled that employers cannot be forced to contribute to the Employees' Provident Fund (EPF) under both the Central Employees Provident Fund Act and the Jammu and Kashmir EPF Act for the same employee. Making duplicate contributions would amount to doubling the liability on the part of the employer, the court emphasised.The observations we made by a bench...