'State Security' No Longer Valid Ground For Preventive Detention In J&K Since Reorganization As Union Territory: J&K High Court

Quashing a preventive detention order the Jammu and Kashmir and Ladakh High Court has recently declared that the term "security of the State" is obsolete in the context of Jammu and Kashmir since its reorganization as a Union Territory in 2019.A bench of Justice Rahul Bharti has clarified, “.. Under the J&K Reorganization (Adaptation of State Laws) Order, 2020, “Security of the...

Jammu and Kashmir and Ladakh High Court Weekly Roundup June 10 - June 16, 2024

Nominal Index:Kapil Sharma Vs UT of J&K 2024 LiveLaw (JKL) 142Naba Kumar Giri Vs Union Of India 2024 LiveLaw (JKL) 143Sita Devi Vs Union Of India 2024 LiveLaw (JKL) 144Sh. Vaibhav Singh Vs Sh. Taushar Gaind 2024 LiveLaw (JKL) 145Mohammad Ashraf Mir Vs State Of J&K 2024 LiveLaw (JKL) 146Manzoor Ahmad Gunna& Ors. Vs Ut Of J&K And Anr 2024 LiveLaw (JKL) 147Kewal Krishan Gupta Vs...

Goodwill, Misrepresentation By Defendant And Subsequent Damage Are Prerequisites To Enforce Passing Off Remedy For Unregistered Trademarks: J&K High Court

The Jammu and Kashmir High Court single bench of Justice Sanjay Dhar held that to claim a passing-off remedy for an unregistered trademark, the following three elements must be established: (a)ownership of business goodwill, (b) misrepresentation by the defendant leading to confusion, and (c) consequent damage to the plaintiff's goodwill. Brief Facts: 3...

Participation In Nationalistic Activities Can't Serve As License For Criminal Acts: J&K High Court Dismisses Ex-Corporator's Plea Against Preventive Detention

Dismissing the petition challenging the preventive detention of former Srinagar Municipal Corporator Aqib Ahmad Renzu, the Jammu and Kashmir and Ladakh High Court has asserted that involvement in nationalist activities does not grant immunity from legal proceedings for criminal activities prejudicial to public order.“According to the petitioner, he has been active in mainstream politics and...

[S.340 CrPC] Court Must Be Satisfied That Party Intentionally Committed An Offence Before Recommending Action For Perjury: J&K High Court

Underscoring the necessity for courts to be convinced of intentionality before recommending action under Section 340 of the Criminal Procedure Code (CrPC) the Jammu and Kashmir and Ladakh High Court has court ruled that mere allegations or attempts to settle personal scores are insufficient grounds for initiating perjury proceedings.Highlighting the words “it is expedient in the interest...

“No Reason To Create Impediment For Businesses”: J&K High Court Directs Govt Not To Harass Tea Sellers In Floating Market Inside Dal Lake

The Jammu & Kashmir and Ladakh High Court has directed the authorities to refrain from harassing tea sellers operating in the floating market inside Dal Lake, provided they have the necessary licenses. The order, passed by Chief Justice N. Kotiswar Singh and Justice Wasim Sadiq Nargal, emphasised that no impediment should be created for those running a legitimate business."We see no...

Magistrate Not Required To Notify Injured Party Or Deceased's Relative Before Considering Closure Report Unless FIR Filed by Them: J&K High Court

The Jammu and Kashmir and Ladakh High Court has clarified that magistrates are not obligated to notify injured parties or relatives of the deceased when considering police closure reports.In a judgment passed by Justice Sanjeev Kumar, the court stated that there is no obligation on the magistrate to issue notice to the injured or a relative of the deceased for providing such person an...

[O.22 R.10 CPC] New Trustee Not Legal Representative But Successor in Interest: J&K High Court Clarifies

The Jammu & Kashmir and Ladakh High Court has declared that on the death of a trustee, a newly elected or appointed trustee cannot be considered a legal representative of the deceased trustee. Instead, the interest of the Trust property devolves upon the new trustee, thereby making the provisions of Order 22 Rule 10 Civil Procedure Code (CPC) applicable.Order 22 Rule 10 CPC prescribes...

Recovery Of Excess Payments Made To Employee Due To Wrong Interpretation Of Rules Not Permissible Post Retirement: Jammu & Kashmir High Court

A single judge bench of the High Court of Jammu & Kashmir and Ladakh comprising of Justice Wasim Sadiq Nargal, while deciding Writ Petition in the case of Mst. Raja & Ors vs. State of Jammu & Kashmir & Ors, held that after an employee retires, it is not permissible to recover excess payments made to them due to a mistaken interpretation of rules. Background...

'Suppressing Material Facts Is Just Jugglery Not Advocacy': J&K High Court Cancels Reinstatement Order Of Ex-Constable For Hiding Crucial Facts From Court

Underlining the criticality of transparency in legal proceedings the Jammu and Kashmir and Ladakh High Court has dismissed a plea by a former constable who sought reinstatement in the police force.The court, in a judgment passed by Justice Tashi Rabstan and Justice M.A. Choudhary, observed, "Suppression of concealment of material facts is not advocacy. It is a jugglery, manipulation,...

Central Govt Notifies Appointment Of Justice Rajesh Sekhri As Additional Judge Of J&K High Court For Fresh Term

The Central Govt has notified the appointment of Justice Rajesh Sekhri as an Additional Judge of the High Court of Jammu and Kashmir and Ladakh for a fresh term of one year.A post to this effect was made by Law Minister Arjun Singh Meghwal on X (previously twitter) Earlier on 23 April 2024, the Collegium of the High Court of Jammu & Kashmir and Ladakh had made a recommendation for...

J&K High Court Seeks Report On Flood Prevention Measures Amidst Impending Monsoon, Emphasises On Preventing Recurrence Of 'Devastating' 2014 Floods

The High Court of Jammu & Kashmir and Ladakh has directed the administration to file detailed affidavits and compliance reports on the preventive measures to tackle potential floods in the Kashmir Valley, especially with the looming monsoon season.Furthermore, the court sought the most recent compliance report from the authorities in accordance with an order dated June 10, 2016, which...