Detaining Authority Not Precluded From Issuing Preventive Detention Order Merely Because Individual Is Already Undergoing Trial: J&K High Court

The High Court of Jammu & Kashmir and Ladakh has held that a detaining authority is not precluded from issuing a preventive detention order merely because the individual is already undergoing trial for substantive offenses.Dismissing the habeas corpus petition filed by Rafaqat Ali challenging his preventive detention under the Prevention of Illicit Traffic in Narcotic Drugs and...

Detailed Examination & Analysis Of Witness Statements Not Appropriate To Determine Merits Of Bail Application: J&K High Court

The Jammu and Kashmir and Ladakh High Court has recently ruled that a detailed examination of witness statements is not permissible at the bail stage, especially when the charges involve serious offenses with severe punishments.Rejecting the bail pleas of two men accused in the 2017 killing of two Special Police Officers (SPOs) in Doda district a bench of Justice Sanjay Dhar observed,...

Govt Allocates All Habeas Corpus Matters Pending In Both Wings Of Jammu & Kashmir And Ladakh High Court To Advocate General

The Jammu and Kashmir government has issued an order allocating all Habeas Corpus cases, including appeals arising from them, to the Advocate General of J&K. This directive applies to both wings of the High Court of Jammu and Kashmir and Ladakh. “It is hereby ordered that all the Habeas-Corpus cases including LPAs arising out of these matters in both the wings of the Hon'ble High Court...

Section 313 CrPC Is A Safeguard In The Trial Process, Court Must Present Each Material Circumstance Separately To Accused: J&K High Court

Reiterated the importance of Section 313 of the Criminal Procedure Code (CrPC) as a vital safeguard for the accused in a fair trial the Jammu and Kashmir and Ladakh High Court highlighted the trial court's duty to ensure the accused is informed of all incriminating evidence against them and is provided an opportunity to explain themselves.“The purpose of putting material evidence...

Jammu & Kashmir And Ladakh High Court Weekly Round-Up: May 13 - May 19, 2024

Nominal Index:Sheikh Mohammad Sadiq (deceased) Through his Legal Representatives Vs Jammu & Kashmir Bank 2024 LiveLaw (JKL) 115M/s A L Construction Vs UT of J&K 2024 LiveLaw (JKL) 116Mst. Raja Vs State Of J&K 2024 LiveLaw (JKL) 117Mohammad Shafi Vs Union Of India 2024 LiveLaw (JKL) 118FAROOQ AHMAD WANI Vs TARIQ AHMAD KHAN 2024 LiveLaw (JKL) 119Judgments/Orders:Courts Have...

Supreme Court Collegium Recommends Justice Rajesh Sekhri For Fresh Term As Additional Judge Of Jammu & Kashmir And Ladakh High Court

The Supreme Court of India has recommended Justice Rajesh Sekhri for a fresh term as Additional Judge of the High Court of Jammu & Kashmir and Ladakh.“The Collegium resolves to recommend that Mr Justice Rajesh Sekhri be appointed as an Additional Judge of the High Court of Jammu & Kashmir and Ladakh for a fresh term of one year with effect from 29 July 2024”, reads the...

S.311 CrPC | Broad Wording Of Section Allowing "Any Court To Summon Witnesses At Any Stage" Of Proceedings, Should Not Be Restricted: J&K High Court

The Jammu and Kashmir and Ladakh High Court has reiterated the wide discretion a court has under Section 311 of the Criminal Procedure Code (Cr.P.C.) to ensure a just decision.In a judgment passed by Justice Javed Iqbal Wani, the court emphasized that the broad wording of the section, allowing "any court" to summon witnesses "at any stage" of the proceedings, should not be...

Pension Is A Property Under Article 31(1), Any Interference With It Violative Of The Constitution: J&K High Court

Protecting the pension rights of a retired Sanitary Inspector the Jammu and Kashmir and Ladakh High Court has reiterated that pension a hard-earned benefit which accrues to an employee, constitutes “property” under Article 31(1) and any interference will be a breach of Article 31(1) of the Constitution.Deciding a plea involving questions of the pensionary rights of an employee a bench...

Excess Salary Paid Due To Wrong Interpretation Of Rules Can't Be Taken Back From Retd Employee: J&K High Court Quashes Recovery Order

Quashing a recovery order passed by the Srinagar Development Authority (SDA) directing a retired employee, Mohammad Ramzan Tantray, to return the excess amount paid due to a mistake in his pay scale upgrade the Jammu and Kashmir and Ladakh High Court today ruled that recovery of excess amount paid to an employee due to a mistake or wrong interpretation of rules cannot be made.In allowing his...

'Antithetical To Public Interest': J&K High Court Modifies Interim Order Which Halted Construction Projects Having Implications On National Security

Vacating an interim order that had stalled key construction projects, the Jammu and Kashmir and Ladakh High Court has reiterated that judicial intervention in government contracts should be limited, prioritizing public interest.The projects, including the construction of the IRP Battalion Headquarters in Kishtwar and the Anti-Corruption Bureau Office in Doda, were held up due to a dispute...

Jammu and Kashmir and Ladakh High Court Weekly Roundup May 6 - May 12, 2024

Nominal Index:Mohd. Sadeeq vs State of J & K 2024 LiveLaw (JKL) 106Jaswant Singh Vs State Of J&K 2024 LiveLaw (JKL) 107Mysar Jan Vs J & K HANDICRAFTS & ORS 2024 LiveLaw (JKL) 108Gulshan Kumar Vs U.T. of Jammu & Kashmir 2024 LiveLaw (JKL) 109Naseer Ahmad Vs Union of India 2024 LiveLaw (JKL) 110Mst Khalida Vs Financial Commissioner (Revenue) 2024 LiveLaw (JKL) 111Jasvinder...

Courts Have Discretion To Condone Delay Even Without Formal Application Under Section 5 Of Limitation Act: J&K High Court

The Jammu and Kashmir and Ladakh High Court has established that courts have the discretion to condone delay in bringing legal heirs on record, even without a formal application under Section 5 of the Limitation Act.In upholding a trial court order of condoning delay without a formal application to that effect Justice M A Chowdhary observed,“Although, it is the general practice to make a...