Law Casts Duty Upon Representing Counsel To Report Death Of Litigant During An Ongoing Litigation: J&K High Court

The Jammu and Kashmir High Court held that it would take into account the date on which the death of a litigant was brought on the court's record for the purpose of calculating the limitation period for setting aside the abatement of the suit. The court stated that it is the duty of the counsel representing the party to inform the court about the death of the litigant during the pendency of...

Land Classified As 'Shamilat-E-Deh' Is As Good As Proprietary Land: J&K High Court Directs Compensation For Acquisition

The Jammu and Kashmir High Court held that land classified as Shamilat-e-Deh, once shown as vested in the name of any person, is as good as proprietary land, and the owner is entitled to compensation upon its acquisition by the government.The court said that, in view of the revenue records, the respondents cannot dispute or deny the petitioner's ownership over the land in question for the...

Ejectment Allowed For Reconstruction But Rebuilt Property Must Be Offered To Evicted Tenant At Market Rate: J&K High Court

Shedding light on the mandate of Section 13 of J&K Houses & Shops Rent Control Act 1966 the Jammu and Kashmir and Ladakh High Court has reaffirmed the legal principle that while the law permits a suit for ejectment on the ground of personal requirement for reconstruction, it forbids a landlord from occupying a building obtained solely on the ground of rebuilding without offering the...

J&K High Court Quashes Defamation Case Against Reporter Who Highlighted Misuse Of Hospital Ambulances For Personal Use By Govt Officials

The Jammu and Kashmir High Court quashed a criminal defamation case against a reporter who covered a story relating to the misuse of a public hospital ambulance by government officials. The court held that the news report did not name the respondent, nor was he explicitly quoted as being responsible for the said misuse.The court stated that it was a general report concerning...

Jammu & Kashmir And Ladakh High Court Weekly Round-Up: February 17 - February 23, 2025

Nominal Index:Ghulam Nabi Sofi VS State of J&K 2025 LiveLaw (JKL) 41Union Territory of J&K vs Arsam Imtiyaz Malik 2025 LiveLaw (JKL) 42Chairman, Building Operation Controlling Authority, Srinagar & Ors vs Jameel Hussain Farooqi & Ors 2025 LiveLaw (JKL) 43Bashir Ahmad Mir Vs State Through P/s Safa Kadal 2025 LiveLaw (JKL) 44Mohammad Abass Lone Vs Union Of India And Ors 2025...

Unfair To Collect Toll If Highway Is In Bad Shape: J&K High Court Orders Reduction In Toll Fees

The Jammu and Kashmir High Court directed 80% reduction in the toll fee at two toll plazas on the National highway-44 until the completion of construction. The court said that the National Highway was in a deteriorated state, making toll collection unfair and unreasonable.“This is based on the principle that tolls are collected to provide users with the benefit of well...

Toll Plazas Should Not Serve Merely As Revenue Generating Mechanism With Sole Purpose Of Minting Money From Public: J&K High Court

The Jammu and Kashmir and Ladakh High Court, comprising Chief Justice Tashi Rabstan and Justice M.A. Chowdhary, on Tuesday, underscored that toll plaza should not merely function as revenue-generating mechanisms to mint money from the public and directed the authorities not to establish any toll within 60 kilometres of the National Highway-44.“Respondents are directed not to establish any...

Recovery Of Drugs On Disclosure Statement Does Not Prima Facie Show Conscious Possession Of Contraband: J&K High Court

The Jammu and Kashmir High Court held that a statement leading to the discovery of contraband is not sufficient to prima facie show conscious possession with respect to the concealed material. The court said that mere possession will not be considered as an offence unless it was coupled with the knowledge of what was being possessed.The court held that the statement of an accused under Section...

“Failure To Issue Notice, Denied Fair Hearing”: J&K High Court Quashes Recovery Order Of ₹4 Lakh Against Fair Price Shop Dealer

The Jammu and Kashmir and Ladakh High Court has quashed an order directing the recovery of excess carriage charges amounting to Rupees over 4 Lakhs from a Fair Price Shop dealer, highlighting the violation of natural justice principles.A bench of Justice Wasim Sadiq Nargal observed that the failure to issue notice was an attempt to prevent the petitioner from having an opportunity to present...

[S.219 CrPC] Joinder Of Charges Will Not Apply In Case Of Dishonored Cheques Where Consolidated Demand Notice Is Given By Complainant: J&K High Court

The Jammu and Kashmir High Court has held that a single complaint for multiple dishonoured cheques is maintainable if a consolidated legal notice was issued and the cause of action arises from a single transaction. The court held that a single cause of action arose for all four cheques in favor of the respondent for filing a complaint against the petitioner upon the expiry of fifteen days...

J&K High Court Imposes 25K Costs On "Compulsorily Retired" SBI Employee For Concealing Facts To Mislead Court's Jurisdiction

While dismissing a writ petition filed by a compulsorily retired State Bank of India (SBI) employee, the Jammu and Kashmir and Ladakh High Court imposed a penalty of ₹25,000 for concealing crucial facts with the intent to deceive the Court regarding its territorial jurisdiction.Rejecting his petition Justice Wasim Sadiq Nargal not only denied relief to the petitioner but also underscored...

'Reprehensible Conduct': J&K High Court Directs Criminal Proceedings Against Dy Commissioner, Ganderbal For Filing False Pleadings Before Court

The Jammu and Kashmir High Court has directed that appropriate criminal proceedings should be initiated against the former Deputy Commissioner, Ganderbal for having filed a false pleading before the learned District Judge.The court observed that this conduct of a responsible officer of the Government is reprehensible and shows that the said officer has no respect for the rule of law. The...