J&K State Cooperative Bank Independent From Govt Control, Service Disputes Outside Court's Writ Jurisdiction: Jammu & Kashmir High Court

The Jammu and Kashmir and Ladakh High Court has recently ruled that the J&K State Cooperative Bank Ltd is an autonomous body with no pervasive or deep control by the government and hence the bank's actions falling within the sphere of private law, including service disputes with its employees, are not amenable to the writ jurisdiction of the court.The ruling was made while hearing a...

S.306 CrPC No Bar On High Court To Invoke Its Powers U/S 482 And Admit An Approver On Bail: Jammu & Kashmir High Court

The Jammu and Kashmir and Ladakh High Court recently reiterated that in terms of Sec 306(4) (b) CrPC bail to approver who is in custody cannot be granted, however, in an appropriate case High Court can release the approver on bail in exercise of its inherent powers under Section 482 CrPC.The observations were made by Justice Mohan Lal while hearing a plea in terms of which the petitioner...

Jammu & Kashmir And Ladakh High Court Weekly Roundup [April 17 - April 23, 2023]

Nominal Index:Gull Mohammad Bhat Vs Raj Kumar Goyal and others 2023 LiveLaw (JKL) 87Jamal Din & Ors Vs New India Assurance 2023 LiveLaw (JKL) 88Mohammad Ashraf Wani Vs Muzamil Bashir 2023 LiveLaw (JKL) 89Ghulam Nabi Turrey Vs Farooq Ahmad Thokar and Another 2023 LiveLaw (JKL) 90Peerzada Shah Fahad Vs UT of J&K 2023 LiveLaw (JKL) 91Janbaz Ahmad Dass Vs UT of J&K 2023 LiveLaw...

Injunction | If Party Fails To Establish Prima Facie Case, Court Not Required To Consider Balance Of Convenience, Irreparable Loss: J&K High Court

The Jammu and Kashmir and Ladakh High Court has recently reiterated that If a party fails to prove a prima facie case, the court cannot grant an injunction, even if the balance of convenience and irreparable loss and injury are in their favour.The reiteration was made by Justice Rajnesh Oswal while hearing a plea in terms of which the petitioner had sought indulgence of the court under...

Mere Registration Of FIR Against Accused When He Was On Interim Bail Does Not Amount To Breach Of Bail Conditions: Jammu & Kashmir High Court

The Jammu and Kashmir and Ladakh High has recently clarified that the registration of an FIR against an accused does not constitute a breach of their interim bail conditions, as it is merely a preliminary step in the legal process and does not necessarily indicate criminal activity.The bench of Justice Sanjay Dhar observed, "Mere registration of an FIR against the petitioner during the...

Two Categories Of Posts Do Not Necessarily Enjoy Same Pay Scales Merely Because Their Further Channel Of Promotion Is Same: Himachal Pradesh High Court

The Himachal Pradesh High Court has recently ruled that just because two positions share a common path for advancement doesn't mean they should have the same pay scale and factors such as separate governing Rules, varying modes of recruitment, distinct qualifications, and unique job profiles should be considered. Each position deserves compensation based on its own merits, rather than...

Jammu & Kashmir High Court Quashes Journalist's Detention Under PSA, Says Detaining Authority Used Public Order, State Security With "Wavering Mind"

Observing that the detaining authority has used both the expressions “Public Order” and “Security of the State” with a wavering mind and uncertainty, the Jammu and Kashmir High Court has quashed the detention order of Journalist Fahad Shah.A bench of Justice Wasim Sadiq Nargal observed, "Maintenance of public order and Security and Sovereignty of the country are two distinct...

Motor Accident Tribunal Can Pass Award U/S 166 Only After Proper Notice To Respondents And Affording Hearing: Jammu & Kashmir High Court

Setting aside an award of compensation passed by Motor Accidents Claims Tribunal, Shopian against a person without any notice to him, the Jammu and Kashmir and Ladakh High Court has recently ruled that a man cannot incur the loss of property or liberty for an offence by a judicial proceedings until he has a fair opportunity of answering the case against him.Justice Wasim Sadiq Nargal...

Order XXIII Rule 3 CPC Cannot Be Imported To Deal With Complaints U/S 138 Negotiable Instruments Act: Jammu & Kashmir High Court

The Jammu and Kashmir and Ladakh High Court has recently ruled that the provisions of Order XXIII Rule 3 of the CPC cannot be imported to deal with a complaint under Section 138 of the Negotiable Instruments Act.The said provision of CPC prescribes that when the parties have made an arrangement to settle a dispute entirely or in part, the court if it is satisfied shall pass the decree to...

Major, Earning Children Entitled To 'Loss Of Dependency' Compensation On Parent's Death In Motor Accident: Jammu & Kashmir High Court

The Jammu & Kashmir and Ladakh High Court has recently ruled that even if children claiming compensation under the Motor Vehicle Act on death of parent are major and earning, they are entitled to claim compensation on the ground of 'loss of dependency'.The observations were made by Justice M A Chowdhary while hearing appeals arising from the two awards passed by a common judgment by the...

Party Availing Legal Remedies Against Unfavourable Order Can't Be Pressurised By Initiating Contempt Action: Jammu and Kashmir High Court

A party has a right to avail the appropriate remedy before the higher forum under law and right to avail the appropriate remedy cannot be throttled by any process whatsoever, the Jammu and Kashmir and Ladakh High Court has observed while dismissing a contempt petition.The applicant claimed that Respondents were trying to obstruct the administration of justice by avoiding a payment order...

Jammu & Kashmir And Ladakh High Court Weekly Round-Up: April 10 To April 16

Nominal IndexSunil Kumar Vs UT of J&K 2023 LiveLaw (JKL) 75Raj Kumar Vs SSP & Anr 2023 LiveLaw (JKL) 76Rizwan Bashir Dhobi Vs UT of J&K 2023 LiveLaw (JKL) 77Mohammad Abdullah Bhat Vs Nazir Ahmad Bhat & Ors 2023 LiveLaw (JKL) 78Amjid Hussain Khan Vs State of J&K 2023 LiveLaw (JKL) 79Sheikh Mohammad Amin and another Vs Yasir Farooq and others 2023 LiveLaw (JKL) 80Emaad...