Right To Sue For Malicious Prosecution Is Personal Injury, Cannot Be Enforced By Person's Legal Heirs: J&K High Court

The Jammu and Kashmir and Ladakh High Court has ruled that the right to sue for damages for malicious prosecution is a personal injury and cannot be enforced by a person's legal heirs against the representatives of the one who initiated the malicious prosecution.A bench of Justice Sanjay Dhar clarified that the cause of action for damages for malicious prosecution is a right to sue or...

Inquiry Not A Choice, Authorities Must Record Reasons For Skipping It Before Dismissing Employees: J&K High Court

The Jammu and Kashmir and Ladakh High Court has ruled that authorities cannot dismiss a government employee without recording valid reasons for bypassing a departmental inquiry.In allowing an appeal from a cop against his orders of termination without due process Justices Rajnesh Oswal & Moksha Khajuria Kazmi observed,“..the competent authority can dispense with the inquiry but...

"Reasons Are Heartbeat Of Every Conclusion": J&K High Court Quashes Order Lacking Reasons For Condonement Of Delay

The Jammu and Kashmir and Ladakh High Court has reiterated the fundamental principle that reasons form the bedrock of sound judicial decisions.A bench of Justice Javed Iqbal Wani emphasised that reasons are the heartbeat of every conclusion and struck down an order that failed to explain the rationale behind condoning a significant delay in an appeal.The case involved a land dispute in...

Casual Labourers Have Intermittent And Sporadic Employment Whereas Daily Wagers Render Continuous Service: Jammu & Kashmir High Court

A single judge bench of the Jammu & Kashmir High Court comprising of Justice Sanjeev Kumar while deciding a Civil Writ Petition in the case of Ghar Singh vs University of Jammu & Ors has held that a Casual Labourer is labour whose employment is intermittent and sporadic, where as a Daily Wager renders continuous service and is paid on a daily basis.Background FactsGhar Singh...

[Occupation Of Govt Accommodations] J&K High Court Directs Admin To Individually Hear Overstayers Before Initiating Action

Prioritising due process regarding government accommodation allotments the Jammu and Kashmir and Ladakh High Court has instructed authorities to hear individuals overstaying in government accommodations before taking any action against them.A division bench of Chief Justice N. Kotiswar Singh and Justice M.A. Chowdhary made these observations while hearing a Public Interest Litigation (PIL)...

Not Detenue's Burden To Correct Typographical Error In FIR: J&K High Court Quashes Detention Order Due to Lapses By Authorities

Highlighting the importance of due diligence by authorities, the Jammu and Kashmir and Ladakh High Court has quashed the detention order of a resident of Baramulla, Kashmir. A bench of Justice Rahul Bharti found several lapses by the authorities, including a critical mistake in the FIR reference, which rendered the detention order unsustainable.Petitioner Abdul Qayoom Ganaie, was detained...

Leasehold Interest In Land Is An Asset Of Company And Is Capable Of Valuation: Jammu & Kashmir High Court

The Jammu & Kashmir High Court has held that leasehold interest in the land is an asset of the company and is capable of valuation.The bench of Justice Tashi Rabstan and Justice Puneet Gupta has upheld the order of the Tribunal in which it was held that leasehold interest is to be included in the value of assets of M/s. Jyoti Private Limited so as to determine the fair market value of...

J&K Migrant Immovable Property Act 1997 | Possession Must Be Surrendered Before Appealing Eviction Order: High Court

Underscoring the critical requirement of surrendering possession in appeals related to the J&K Migrant Immovable Property Act the Jammu and Kashmir and Ladakh High Court has said that surrendering possession of disputed properties is indispensable for appealing eviction orders.Citing Sec 7 of the Act Justice Rajnesh Oswal emphasised,“The perusal of Section 7 (supra), would reveal...

Jammu and Kashmir and Ladakh High Court Monthly Digest: March 2024

Nominal Index:Neelam Sharma Vs Ashok Kumar 2024 LiveLaw (JKL) 31Principal Commissioner of Income Tax Versus Dr. Karan Singh 2024 LiveLaw (JKL) 32Choudhary Piara Singh Vs Kuldeep Singh 2024 LiveLaw (JKL) 33UT of J&K Vs Ram Rattan 2024 LiveLaw (JKL) 34Simranjeet Singh Vs Union Of India 2024 LiveLaw (JKL) 35Gulab Singh Vs Kuldeep Singh 2024 LiveLaw (JKL) 36Jehangir Ahmad Mir Vs UT of...

Workmen's Compensation Act | Eligibility For Claim In Case Of Death Depends On Ability To Prove Accident Arose Out Of & In Course Of Employment: J&K High Court

Delineating the critical importance of establishing a causal connection between accidents and employment in workmen's compensation claims the Jammu and Kashmir and Ladakh High Court has ruled that in case of an employee's death, claimants must demonstrate a clear link between the accident and the course of employment to be eligible for compensation under Section 3 of the Workmen Compensation...

Before Solely Relying On Statement Of Prosecutrix, Court Must Ensure Other Supporting Evidence Consistently Matches With Statement: J&K High Court

Highlighting the stricter criteria for relying solely on the testimony of a prosecutrix (victim) in rape cases the Jammu and Kashmir and Ladakh High Court has ruled that before reliance can be placed upon the solitary statement of the prosecutrix, it must be ensured that her statement leaves no room for doubt regarding the factum of occurrence.A bench of Justice Sanjay Dhar also stressed that...

Jammu & Kashmir And Ladakh High Court Weekly Roundup: March 25 - March 31, 2024

Nominal Index:Baseerat-ul-Ain Vs NIA 2024 LiveLaw (JKL) 55Ghar Singh Vs University Of Jammu 2024 LiveLaw (JKL) 56Vijay Singh Vs Surjit Singh 2024 LiveLaw (JKL) 57X” Juvenile V/s Union Territory of J&K 2024 LiveLaw (JKL) 58Director, Rural Development, Kashmir, Srinagar Vs Abdul Qayoom 2024 LiveLaw (JKL) 59Athar Mushtaq Khan Vs UT of J&K 2024 LiveLaw (JKL) 60University of Kashmir...