Jammu & Kashmir And Ladakh High Court Weekly Roundup November 25 - December 1, 2024

Nominal Index:Dilawar Javid Bhat Vs UT Of J&K 2024 LiveLaw (JKL) 317Abdul Majeed Lone Vs Union of India 2024 LiveLaw (JKL) 318Kewal Krishan Vs Sham Lal 2024 LiveLaw (JKL) 319Ajeet Kumar Vs UT Of J&K 2024 LiveLaw (JKL) 320Shenaz Begum th. Abdul Mazeed Vs UT Of J&K 2024 LiveLaw (JKL) 321UT Of J&K Vs Seema Koul & Anr 2024 LiveLaw (JKL) 322Sanjeev Gupta vs UT Of J&K...

"False In One, False In All" Doctrine Doesn't Apply In India: J&K High Court Partially Overturns Acquittal In 24-Yr-Old Assault Case

The High Court of Jammu and Kashmir and Ladakh has reaffirmed that the doctrine of falsus in uno, falsus in omnibus—"false in one thing, false in everything" is inapplicable in Indian courts.Instead, the court comprising Justices Rajnesh Oswal and Sanjay Dhar emphasized the necessity of carefully sifting through evidence, separating unreliable portions while relying on credible and...

[Air Force Act] Choice Between Court Martial & Criminal Court Can Only Be Exercised After Probe & Before Magistrate's Cognizance: J&K High Court

The Jammu and Kashmir and Ladakh High Court has clarified that discretion under Section 124 of the Air Force Act, 1950, to choose between a court-martial and a criminal court, can only be exercised after the police investigation is complete and before the Magistrate takes cognizance of the case.Section 124 grants discretion to Air Force authorities to decide whether an offence involving Air...

Unregistered Agreement Insufficient To Transfer Leasehold Rights, Housing Board's Procedure Paramount: J&K High Court

The Jammu and Kashmir and Ladakh High Court has reaffirmed that an unregistered agreement to sell is inadequate to transfer leasehold rights, emphasizing the exclusive procedure of the J&K Housing Board for such transfers.In dismissing an appeal against a demolition order Justices Rajnesh Oswal and Sanjay Dhar highlighted the paramountcy of J&K Housing board over its properties on...

Panthers Party Leader Harsh Dev Singh Approaches J&K High Court Challenging BJP's Chenani Win, Alleges Corrupt Electoral Practises

J&K High Court Issues Notice On Plea Challenging BJP's Poll Victory In Chennai Over Allegations Of Corrupt Electoral Practises

Kashmiri Pandit Woman Continues To Retain Migrant Status Despite Marriage To Non-Migrant: J&K High Court

The Jammu and Kashmir and Ladakh High Court has ruled that a Kashmiri Pandit woman does not lose her "migrant status" upon marrying a non-migrant.A bench of Justices Atul Sreedharan and Mohammad Yousuf Wani clarified, “.. to hold that the woman would lose her status as a migrant only because she, out of the natural urge of forming a family, had to marry a non-migrant on account of...

J&K Constable Recruitment | High Court Grants Interim Relief To 79 Overaged Candidates Seeking Age Relaxation For Constable Posts

Granting interim relief to 79 candidates seeking age relaxation for the recruitment of 4002 constable posts in Jammu and Kashmir Police, the High Court of Jammu & Kashmir and Ladakh today directed the authorities to allow them to participate in the upcoming recruitment test.Directing UT of J&K to consider participation of the Overaged Candidates Justice M. A Chowdhary observed,...

Jammu & Kashmir High Court Stays ₹11.52 Crore Arbitral Award Against UT In MSME Dispute

The Jammu & Kashmir and Ladakh High Court has granted an interim stay on the enforcement of an arbitral award amounting to ₹11.52 crore, issued by the District Level Micro & Small Enterprises Facilitation Council (MSEFC), SAS Nagar, Punjab.The order was passed by Justice Wasim Sadiq Nargal while hearing a writ petition filed by the Public Health Engineering (PHE) Department of the...

"Suffering From Schizophrenia, No Purpose In Continued Custody": J&K High Court Grants Bail To Woman Accused Of Killing 3-Month Old Son

The Jammu and Kashmir and Ladakh High Court has granted bail to one Shenaz Begum, accused of murdering her three-month-old son in 2021 observing that the applicant's schizophrenia diagnosis and the absence of a plausible motive rendered her continued judicial custody purposeless.Admitting her on bail Justice Rajnesh Oswal added, No doubt the plea of unsoundness of mind is a defence available...

Approaching HC For Bail U/S 483 BNSS Without Approaching Trial Court Unnecessarily Burdens HC: J&K High Court

Criticising the growing trend of directly approaching the High Court for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 the Jammu and Kashmir and Ladakh High Court has observed that bypassing the trial courts in such matters not only burdens the High Court but also disregards the legal protocol, where such petitions should typically be first addressed by the...

Errors Which Are Not Self-Evident, Have To Be Detected Cannot Justify Invoking Power Of Review Under O.47 R.1 CPC: J&K High Court

Defining the boundaries of judicial review the Jammu and Kashmir and Ladakh High Court has emphasised that errors not evident on the face of the record cannot justify review under Order XLVII Rule 1 of the Civil Procedure Code (CPC).A bench of Justice Vinod Chatterji Koul held, “An error that is not self-evident and has to be detected by a process of reasoning can hardly be said to be an...

Right To Property Is A Human Right: J&K High Court Orders Rental Compensation To Landowner For 45 Yr Long Illegal Occupation

Reaffirming that the right to property is fundamental to human dignity and cannot be compromised without legal process and fair compensation, the Jammu and Kashmir and Ladakh High Court has directed the Union of India to pay rental compensation to Abdul Majeed Lone, a Tangdhar landowner whose property has been under military occupation since 1978 without due process.While ordering compensation...