Jammu and Kashmir and Ladakh High Court Weekly Roundup May 27 - June 2, 2024

Nominal Index:Bhajan Singh Vs State Of J&K 2024 LiveLaw (JKL) 129ABDUL QADIR BHAT AND ANOTHER Vs M/S SHRI RAM TRANSPORT FINANCE Co.Ltd 2024 LiveLaw (JKL) 130Abdul Rashid Zargar Vs Union Territory of J&K & Ors 2024 LiveLaw (JKL) 131WASEEM AHAD AND OTHERS Vs UT Of J&K 2024 LiveLaw (JKL) 132Mohammad Rafiq Rather Vs Sara Banoo 2024 LiveLaw (JKL) 133WASEEM AKRAM & ANR Vs UT...

“Voluntarily Participated In Selection Process”: J&K High Court Dismisses Plea Of Candidate Seeking Appointment Due To Lesser Applicants Than Advertised Posts

Dismissing an appeal by a candidate who sought a direct appointment to the post of despite fewer applicants than advertised posts the Jammu and Kashmir and Ladakh High Court has observed that since she gladly and voluntarily participated in the selection process, hence estopped from challenging the selection procedure.“.. petitioner wants to be selected/ appointed notwithstanding the...

Phase III Of E-Courts Project Will Profoundly Transform Indian Judicial System: J&K High Court Chief Justice

The Chief Justice of Jammu and Kashmir and Ladakh High Court Justice N. Kotiswar Singh on Friday emphasised that Phase III of the E-Courts is going to bring a dramatic change in the overall Indian Judicial Scenario in the coming days.He further expressed happiness that the fear developed due to the intervention of technology was overcome and the Justice delivery system has become not...

“Cannot Be Left Entirely To NGOs”: J&K High Court Orders Authorities To Implement Stray Dog Control Measures

Addressing the multifaceted issue of stray dogs the Jammu and Kashmir and Ladakh High Court has emphasised that NGOs cannot solely manage this matter and has directed the administration of the UT administration of J&K to submit a comprehensive report on how effectively the decisions made by the State Level Implementation and Monitoring Committee can be implemented.“The issue relating...

Prosecution Makes “Copy Paste” Arguments About National Security In UAPA Cases To Psychologically Influence Court: Jammu & Kashmir High Court

Justice Atul Sreedharan of the Jammu and Kashmir High Court recently cautioned against being unduly influenced by forceful submissions regarding internal security in the absence of judicially cognizable material against the accused. Citing Voltaire, he said that internal security arguments could become the oppressor's eternal cry if not backed by substantial evidence, leading to the denial...

Claimant Must Prove Subsisting Pre-Emption Right Until Passing Of Decree, In Any Other Cases Such Right Cannot Be Said To Subsist: J&K High Court

Dismissing an appeal filed by a co-owner of land seeking pre-emption rights over the sale of the property by another co-owner the Jammu and Kashmir and Ladakh High Court has observed that a claimant must possess a subsisting pre-emption right not only at the time of sale but also at the time of filing the suit and the passing of the decree by the trial court.A bench of Justice Vinod...

O.8 R.1 CPC | Right Accruing In Favor Of Plaintiff Due To Non-Filing Of Written Statement Within Stipulated Time Can Be Waived: J&K High Court

The Jammu and Kashmir and Ladakh High Court has recently ruled that a plaintiff can waive the right to take advantage of a defendant's failure to file a written statement within the stipulated time.Emphasising that the right arises from a mandatory statutory provision under Order 8 Rule 1 of the Civil Procedure Code (CPC) a bench of Justice Sanjay Dhar clarified that this right is not...

Courts Can Scrutinise Grounds Of Detention To Ascertain Prima Facie Connection Between Grounds & Purpose Of Detention Order: J&K High Court

Asserting that Courts are not barred from examining the grounds of detention, the Jammu and Kashmir and Ladakh High Court has recently ruled that the Court has the authority to examine the grounds for detention and ensure a prima facie connection between the grounds and the purpose of the detention order.While acknowledging that subjective satisfaction recorded by the detaining authority...

J&K Land Revenue Act | Special Remedy U/S 121 Doesn't Extinguish Financial Commissioner's Power To Correct Mutation Errors Under Section 15: High Court

Affirming the broad revisional powers of the Financial Commissioner under Section 15 of the J&K Land Revenue Act 1996 the Jammu and Kashmir and Ladakh High Court has clarified that the existence of a special remedy under Section 121 does not exclude the general revisional powers under Section 15. A bench of Justice Javed Iqbal Wani further expounded,“Power of the Financial...

Criminal Court Can Review Its Own Order At Notice Stage Under Domestic Violence Act: J&K High Court

The High Court of Jammu and Kashmir and Ladakh has clarified that the bar on a criminal court to review its own order does not apply at the stage when a notice is issued under Section 12 of the Protection of Women from Domestic Violence Act, 2005.Explaining that a petition under Section 12 of the D.V.Act cannot be equated with lodging of criminal complaint or initiation of criminal prosecution...

FIR Can Be Elaborated Upon By Informant But Cannot Be Used To Create Fresh Charges Against Accused: J&K High Court Grants Bail To In-Laws Accused Of Gang Rape

The Jammu and Kashmir and Ladakh High Court has granted bail to two men accused of gangrape, observing that the initial complaint in the First Information Report (FIR) can be elaborated upon by the informant, but this cannot be used to introduce new accusations or entirely new offenses against the accused.Spotlighting the distinction between elaboration and improvisation with respect to an FIR...

Every Erroneous Decision By Lower Court Not Amenable To Writ Of Certiorari, Only Patent Errors Can Be Corrected: J&K High Court

Underscoring the principle that every erroneous decision by a lower court cannot be challenged under Article 227 of the Constitution, the Jammu and Kashmir and Ladakh High Court has clarified that this provision is meant to rectify only glaring errors apparent on the face of the record, not mistakes in factual assessment or legal interpretation.Referring to Radhey Shyam & Anr. Vs. Chhabi...