Dossier Seeking Preventive Detention By 'Name-Calling' Without Supporting Facts Leads To Fragile Detention Order Which Can Be Quashed: J&K High Court

Quashing a detention order under the Jammu and Kashmir Public Safety Act, 1978 the Jammu and Kashmir and Ladakh High Court on Wednesday observed that a preventive detention order based on mere hunches and speculations from law enforcement authorities cannot be justified. A bench of Justice Rahul Bharti emphasized,“A dossier by the sponsoring authority for seeking preventive detention of...

O.47 R.27 CPC | While Court Can't Usually Record Additional Evidence At Appellate Stage, Ceratin Exceptions Are Carved Out For Doing So: J&K High Court

The Jammu and Kashmir & Ladakh High Court has said that ordinarily the parties to an appeal shall not be entitled to produce additional evidence, whether oral or documentary, in the appellate court.However clarifying the circumstances under which an appellate court can allow parties to introduce new evidence during an appeal Justice Javed Iqbal Wani observed,“Normally an appellate...

SC Collegium Recommends Judicial Officer As Additional Judge of J&K High Court

The Supreme Court Collegium has recommended the elevation of Judicial Officer Mohammad Yousuf Wani as an Additional Judge of the High Court of Jammu and Kashmir and Ladakh.A resolution passed by collegium comprising Chief Justice Dhananjaya Y Chandrachud along with Justices Sanjiv Khanna and B R Gavai reads,“Having regard to the material on record and all relevant factors, the Collegium is...

Jammu & Kashmir And Ladakh High Court Weekly Roundup: March 4 - March 10, 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) 35Judgments/Orders: Co-Sharer of Property Cannot Be Restrained From Raising Construction...

Non-Disclosure of Selection Criteria In Advance Doesn't Automatically Disqualify Process, As Long Criteria Is Fair: J&K High Court

The Jammu and Kashmir and Ladakh High Court has ruled that the non-disclosure of selection criteria in advance does not automatically invalidate a selection process.The court, however, emphasized the importance of employers disclosing and notifying the selection criteria in advance. This proactive measure ensures that candidates participating in the selection process are fully aware of...

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

Nominal Index:Sahil Gupta Vs UT of J&K 2024 LiveLaw (JKL) 1Abdul Rahim Ganai V/s State of JK and others (SRTC) 2024 LiveLaw (JKL) 2Waqas Riyaz Khan Vs UT of J&K 2024 LiveLaw (JKL) 3MOHAMMAD BIN SHORA Vs. UNION OF INDIA AND ANOTHER 2024 LiveLaw (JK) 4Pritam Chand alias Pritam Singh Vs Dr. Kamal Saini 2024 LiveLaw (JKL) 5Haja @ Hajira Bano Vs Gh. Mohammad Ahangar 2024 LiveLaw (JKL)...

Review Of Judgements Is An Exception To General Rule, Parties Can't Be Permitted To Seek Re-Hearing Under Garb Of Review: J&K High Court

Dismissing a review petition filed by contractors who challenged an earlier order directing them to pay an additional sum for work they had undertaken the Jammu and Kashmir and Ladakh High Court has reiterated that a court's power to review its judgments is not meant to serve as an appeal in disguise.Clarifying the limitations of the court after the pronouncement of a judgment and its powers...

[Cheque Dishonour] Prioritize Compensation In Sentencing U/S 138: J&K High Court Reiterates Compensatory Aspect Of Negotiable Instruments Act

The Jammu and Kashmir and Ladakh High Court has ruled that criminal courts must prioritize compensating the complainant when imposing a fine on an accused convicted under Section 138 of the Negotiable Instruments Act (NI Act) for dishonoring cheques.A bench comprising Justice M A Chowdhary stressed that for the compensatory aspect to be duly considered, the sentence imposed should align with...

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

The Jammu & Kashmir and Ladakh High Court has held that leasehold interest in the land is an asset of the company and is capable of valuation. As such, it is to be included in the value of the assets of M/s. Jyoti Private Limited so as to determine the fair market value of shares held by the assessee as well as other shareholders.The bench of Justice Tashi Rabstan and Justice Puneet...

Co-Sharer of Property Cannot Be Restrained From Raising Construction On Exclusive Portion of Joint Property: J&K High Court

Upholding the exclusive construction rights of co-sharers in a joint property the Jammu and Kashmir and Ladakh High Court has recently ruled that a co-sharer of a property who is in exclusive possession of a specific portion of the joint holding cannot be prevented from constructing on that portion.Justice Javed Iqbal Wani observed, “A co-sharer of a property, who is in exclusive possession...

Jammu & Kashmir And Ladakh High Court Weekly Roundup: February 26 - March 3, 2024

Nominal Index:The Cooperative Market Society Limited Bishnah Vs Assistant Labour Commissioner 2024 LiveLaw (JKL) 25Kewal Krishan Vs Union Territory of J&K 2024 LiveLaw (JKL) 26Virender Kumar Chawla Vs Neha Chalwa 2024 LiveLaw (JKL) 27Pawan Kumar Sharma Vs UT of J&K 2024 LiveLaw (JKL) 28SHOWKAT AHMAD MIR Vs NIGHAT BEGUM 2024 LiveLaw (JKL) 29Arjun Balraj Mehta Vs UT of Ladakh 2024...

S.50 Wildlife Protection Act | Police Empowered to Tackle Wildlife Crimes, Investigation & Seizure Powers Granted: J&K High Court

Affirming the authority of police officers to investigate offenses under the Wildlife Protection Act, the Jammu and Kashmir, and Ladakh High Court has reiterated that a Police officer is sufficiently empowered to investigate the offenses committed under the Act and is hence equally competent to search and seize the offending articles in such matters.These observations arose from a petition...