High Court of J & K and Ladakh
Court Can Examine Whether Enquiry Officer Has Taken Into Account Relevant Material: J&K High Court Overturns Dismissal Order Due To 'Perverse' Enquiry Findings
The Jammu and Kashmir and Ladakh High Court has quashed the dismissal order of a Sashastra Seema Bal (SSB) trooper citing perversity in the enquiry findings.Justice Sanjay Dhar, in his judgment held that the Enquiry Officer had failed to consider crucial evidence submitted by the petitioner regarding his illness.The court clarified that while the scope of judicial review in the case...
Jammu and Kashmir and Ladakh High Court Weekly Round-Up April 8 - April 15, 2024
Nominal Index:Bashir Ahmed Naik Vs UT of J&K 2024 LiveLaw (JKL) 80Hans Raj Vs Dilbagh 2024 LiveLaw (JKL) 81“X” Juvenile Vs UT Of J&K 2024 LiveLaw (JKL) 82M/S Hotel Alpine Ridge Vs Union Of India and Other Connected Petitions 2024 LiveLaw (JKL) 83Vineeta Jamwal Vs Col (Retd.) Vijay Singh 2024 LiveLaw (JKL) 84Judgments/Orders:District Magistrate Who Is Empowered To Issue Detention...
State Can't Be Oblivious, Ungrateful Towards Those Who Lay Down Lives To Protect Nation: J&K High Court Orders ₹5 Lakh Compensation For Family Of BSF Constable
Recognizing the sacrifices of security personnel who lay down their lives while performing their duties in service of the nation the Jammu and Kashmir and Ladakh High Court has directed the state government to pay Rs. 5 lakh compensation to the family of a BSF constable who disappeared during the Kashmir Valley unrest 32 years ago.In allowing a plea for compensation moved by the family of...
India Governed By Rule Of Law, Citizens Can't Be Picked Up & Interrogated To Carve Out Grounds For Preventive Detention Without Any Criminal Case: J&K High Court
The Jammu and Kashmir High Court has quashed the preventive detention order slapped by Shopian District Magistrate on a 26-year-old man, Jaffar Ahmad Parray, observing that in a democratic country like India, Police and Magistracy cannot be expected to pick up and interrogate citizens and carve out grounds of preventive detention without registering a criminal case against them.In issuing a...
[S.151 CPC] Inherent Power Of Court To Do Justice Not Affected By Its Power To Recall Witnesses, Elicit Clarifications: J&K High Court
Reiterating the importance of the inherent power of the court under Section 151 of the Civil Procedure Code (CPC) to ensure a fair trial the Jammu and Kashmir and Ladakh High Court has held that the inherent power of the court is not affected by the express power conferred upon the court under Order 18 Rule 17 of the Code to recall any witness and elicit clarifications.Citing “Ram Rati...
Easy Access To Justice A Facet Of Right To Life: J&K High Court Allows SARFAESI Actions To Be Challenged Under Article 226 Till Local DRTs Are Established
The Jammu and Kashmir High Court, has ruled that the absence of Debt Recovery Tribunals (DRTs) within the Union Territories (UTs) of Jammu and Kashmir and Ladakh violates the fundamental right to easy access to justice enshrined in Article 21 of the Constitution.In their earnest bid to advance hassle-free access to substantial justice Chief Justice N. Kotiswar Singh & Justice Wasim...
Scrutiny In Proceedings Must Be Avoided To Insulate & Protect Juvenile: J&K High Court Slams Disclosure Of Identity Of Juveniles In Conflict With Law
The Jammu and Kashmir and Ladakh High Court has come down heavily on courts operating in the Union Territories for routinely disclosing the identities of juveniles in conflict with law in their orders.While granting bail to a 17-year-old boy accused of attempted murder in Samba district Justice Sanjeev Kumar observed,“Courts working in the Union Territory of Jammu and Kashmir and the...
Jammu & Kashmir And Ladakh High Court Weekly Roundup: April 1 - April 7, 2024
Nominal Index [Citations 70 - 80]:UT Of J&K Vs Shabir Ahmad Dar 2024 LiveLaw (JKL) 70National Insurance Co. Vs Rakesh Kumar Sharma 2024 LiveLaw (JKL) 71LYCEUM PUBLIC SCHOOL Vs UT OF J&K 2024 LiveLaw (JKL) 72Principal Commissioner of Income Tax Versus Dr. Karan Singh 2024 LiveLaw (JKL) 73Abdul Qayoom Ganaie Vs UT of J&K 2024 LiveLaw (JKL) 74Ghar Singh vs University of Jammu &...
[O.14 R.5 CPC] Allowing Court To Amend, Add Or Delete Issues Intended To Conclusively Determine Controversial Points Between Parties: J&K High Court
In a judgment passed by Justice Javed Iqbal Wani, the Jammu and Kashmir and Ladakh High Court has shed light on framing issues under Order 14 Rule 5 of the Code of Civil Procedure (CPC).The court has clarified that the said provision is an enabling one intended to effectually and conclusively determine the controversial points between the parties and the power under this provision is...
District Magistrate Who Is Empowered To Issue Detention Order Can Also Revoke It Before Govt Approval: J&K High Court
The Jammu and Kashmir and Ladakh High Court has ruled that a District Magistrate has the authority to revoke a detention order passed under the Jammu and Kashmir Public Safety Act (PSA) until it is approved by the government.In a Judgment passed by Justice Sanjay Dhar the court observed,“..An authority which is vested with jurisdiction to make an order is empowered to add to, amend, vary...
[O.38 R.5 CPC] Plaintiff Can't Use Provision As Tool For Coercion Or Easy Execution Of Decrees: J&K High Court
The Jammu and Kashmir and Ladakh High Court has recently cautioned against using Order 38 Rule 5 of the Civil Procedure Code (CPC) as a tool to coerce defendants or convert unsecured debts into secured ones.In a judgment passed by Justice Javed Iqbal Wani, the court emphasized that this provision is an extraordinary remedy that should be exercised sparingly and strictly in accordance with...
Right To Sue For Malicious Prosecution Is Personal Injury, Cannot Be Enforced By Person's Legal Heirs: J&K High Court
The Jammu and Kashmir and Ladakh High Court has ruled that the right to sue for damages for malicious prosecution is a personal injury and cannot be enforced by a person's legal heirs against the representatives of the one who initiated the malicious prosecution.A bench of Justice Sanjay Dhar clarified that the cause of action for damages for malicious prosecution is a right to sue or...