Jammu & Kashmir And Ladakh High Court Monthly Digest: December 2024

Nominal Index [Citations 2024 LiveLaw (JKL) 324 - 356]:UT Of J&K Vs Showkat Ali 2024 LiveLaw (JKL) 324X Vs UT Of J&K 2024 LiveLaw (JKL) 325Ravinder Singh Vs State of J&K 2024 LiveLaw (JKL) 326Union of India Vs M/S Sharma Construction Co. Akhnoor District Jammu 2024 LiveLaw (JKL) 327State Of J&K Vs Mohammad Sayidullah Bhat 2024 LiveLaw (JKL) 328Peerzada Mohd Yehya Vs UT Of...

Judicial Review Can Be Resorted To When Terms Of Invitation To Tender Are Alleged To Be "Tailor-Made" To Suit Certain Participants: J&K High Court

Underlining that judicial interference is warranted only in cases of arbitrariness, mala fide or procedural irregularities the Jammu and Kashmir and Ladakh High Court has observed that Court can show its indulgence in tender matters, particularly when the terms of an invitation to tender are alleged to be "tailor-made" to suit certain participants.“.. it is made clear that the scope of...

J&K High Court Stays Cancellation Of EWS Certificate, Questions 'Preconceived Notions' By Deputy Commissioner

The Jammu and Kashmir and Ladakh High Court on Monday stayed the cancellation of an Economically Weaker Section (EWS) certificate after observing that the Deputy Commissioner, Jammu, acted on a preconceived notion against the petitioner, rendering the entire inquiry process questionable.“.. Once, the petitioner has already been held guilty of fraud, concealment of fact and...

Mediated Settlement Enforceable Only Upon Court Approval And Issuance Of Decree: J&K High Court

The Jammu and Kashmir and Ladakh High Court has reiterated the enforceability of mediated settlements under the Jammu and Kashmir Mediation and Conciliation Rules, 2019 and emphasized that a settlement reached during mediation gains the status of a decree enforceable at law only when it receives the Court's approval and a decree is passed accordingly.Citing Rule 24 & 25 of the said...

"Shoddy, Compromised Investigation Wedded To Checkmates At Every Stage Of Trial": J&K High Court Quashes FIR, Orders Fresh Probe

Underscoring the detrimental impact of compromised investigations the Jammu and Kashmir and Ladakh High Court has observed observed that a flawed and compromised investigation in a criminal case is inherently bound to encounter obstacles at every stage of the trial and is ultimately doomed to fail, whether at its very inception or during its conclusion.“A shoddy and compromised...

Petitioner Is 'Dominus Litus' But Right To Withdraw A Case Comes With Certain Restrictions: J&K High Court

Highlighting the nuanced interplay between a petitioner's autonomy and judicial oversight, the Jammu and Kashmir and Ladakh High Court has ruled that while a petitioner in litigation is the “dominus litus” or master of the case, their right to abandon or withdraw it is subject to certain legal constraints.In allowing a submission to withdraw a case Justice Sanjay Dhar observed, “.. it...

Jammu & Kashmir And Ladakh High Court Quarterly Digest: October To December 2024

Nominal Index:Hallmark v. Jammu & Kashmir GST Department & Anr 2024 LiveLaw (JKL) 272Sabahat Sanna Vs Dr Shabir Ahmad 2024 LiveLaw (JKL) 273Sudhir Power Limited v. Union Territory of Jammu and Kashmir & Ors 2024 LiveLaw (JKL) 274Pawan Kumar Vs UT Of J&K 2024 LiveLaw (JKL) 275Syed Tassadque Hussain Vs Union Of India 2024 LiveLaw (JKL) 276Oriental Insurance Company Vs M/S...

Jammu & Kashmir And Ladakh High Court Weekly Round-Up: December 22 - December 29, 2024

Nominal Index:National Insurance Company Vs Lateef Ahmad Kohli & Ors 2024 LiveLaw (JKL) 347JAMKASH VEHICLEADS KASHMIR PVT LIMITED & ANR Vs. M/S WUERTH INDIA PVT. LTD. & ANR 2024 LiveLaw (JKL) 348Rakesh Kumar Mahajan Vs Sidharth Wazir and others 2024 LiveLaw (JKL) 349Aaqib Rashid Sofi Vs Chairman, Jammu and Kashmir Grameen Bank and others 2024 LiveLaw (JKL) 350Imran Rashid Rather Vs...

"Be Sensitive": J&K High Court Urges Trial Courts To Avoid 'Copy-Paste' Practices In Bail Orders

The High Court of Jammu & Kashmir and Ladakh has stressed the necessity for judicial sensitivity and diligence in dealing with bail applications.A bench of Justice Sanjay Dhar has emphasized that courts must avoid the “copy-paste syndrome” that has infiltrated judicial proceedings, as such practices can compromise the fundamental rights of individuals.These observations came in a...

Correctness Of Emoluments In Final 24 Months Before Retirement Is Indisputable For Retiral Benefits: J&K High Court

The Jammu and Kashmir and Ladakh High Court has held that emoluments drawn by an employee during the final 24 months of service cannot be questioned when calculating retiral benefits.Citing Article 242 of the J&K CSR Justices Sanjeev Kumar and Puneet Gupta observed, “.. the correctness of emoluments drawn by an employee before twenty four (24) months of his retirement cannot be...

No One Acquires Title To Property Through Gratuitous Occupation, Even If Possession Continues For Decades: J&K High Court

Reaffirming a key principle of property law the Jammu and Kashmir and Ladakh High Court has held that individuals occupying premises gratuitously cannot claim ownership or legal protection.Justice Sanjay Dhar clarified that the protection can only be granted or extended to a person who has a valid subsisting rent agreement, lease agreement or license agreement in his favour. “Therefore,...

J&K High Court Reaffirms Quranic Injunctions, Secures Muslim Daughter's Inheritance Rights After 43-Year Legal Battle

Underscoring the sanctity of Quranic injunctions concerning inheritance rights the Jammu and Kashmir and Ladakh High Court has ruled in favor of a Muslim woman's right to inherit her father's property, resolving a 43-year-long legal battle initiated by the late Mst. Mukhti. The court reaffirmed that the inheritance rights of daughters, as ordained in Surah An-Nisa of the Holy Quran,...