[S.97 CrPC] Father's Custody of Minor Child No Ground To Issue Search Warrant Unless Confinement Proven Illegal: J&K High Court

Clarifying that a father's custody of his child cannot be considered illegal confinement under Section 97 of the Cr. P. C the Jammu and Kashmir and Ladakh High Court has observed that the father of minor children having their custody cannot be per se said to be an offence for which the said provision could be invoked.A bench comprising Justice Sanjay Dhar underscored, “Unless it is shown...

Court Must Curb Down On Parties Attempts To Take Different Stands Before Different Forums, Perjury Must Be Nipped In The Bud: J&K High Court

Dismissing a writ petition filed by a landowner claiming compensation for land acquired for highway expansion, the Jammu and Kashmir and Ladakh High Court has emphasized that legal forums must not devolve into battlegrounds for tactical maneuvers.Underscoring the Judiciary's duty to curb perjury and false statements a bench of Justice Vinod Chatterji Koul observed, “The Courts must...

[S.47 CPC] Power Of Executing Court Limited To Specific Questions On Execution, Discharge, Or Satisfaction Of Decree: J&K High Court

Highlighting the limitations on the powers of an executing Court under Section 47 of the Code of Civil Procedure (CPC), the Jammu and Kashmir and Ladakh High Court has said that the powers of executing courts are confined to resolving issues directly related to the execution, discharge, or satisfaction of decrees.A bench of Justice Javed Iqbal Wani has clarified,“The scope of Section 47 is...

Jammu & Kashmir And Ladakh High Court Issues Notice To Union In Cross-Border Shelling Compensation Case

The Jammu and Kashmir and Ladakh High Court has issued a notice in response to a writ petition filed a resident of Baramulla, challenging the exclusion of property damage compensation from the 'Central Scheme for Assistance to Civilian Victims/Family of Victims of Terrorist/Communal/Left Wing Extremism (LWE) Violence and Cross Border Firing and Mine/IED Blasts on Indian Territory, 2019'. In...

J&K HC Orders Fresh Probe In Decade-Old Corruption Case Due To Flawed Investigation, Says No Legal Provision Prohibited IO From Reviewing Material

Ordering a fresh investigation into a decade old corruption case due to a flawed initial probe by the investigating agency, the Jammu and Kashmir and Ladakh High Court has said it is extremely unreasonable on the part of the investigating agency to ignore examination of any evidence that is presented by the complainant to supported his accusations.A bench of Justice Wasim Sadiq...

Payment Of Gratuity Act | Statutory Remedy Of Appeal Against Award Can't Be Circumvented To Escape Pre-Deposit Requirement: J&K High Court

The Jammu and Kashmir and Ladakh High Court has ruled that the statutory remedy of appeal against an award passed by a Controlling Authority under the Payment of Gratuity Act, 1972, cannot be bypassed by approaching the High Court directly.A bench of Justice Sanjeev Kumar clarified that the remedy of appeal against awards passed by Controlling Authorities, as prescribed under Section 7(7) of...

Jammu & Kashmir And Ladakh High Court Weekly Round-Up: February 19 - February 25, 2024

Nominal Index:Mohammad Shafi Dar Vs Directorate of Enforcement and another 2024 LiveLaw (JKL) 21Mangal Singh Vs Balbir Singh 2024 LiveLaw (JKL) 22Dr. Mohammad Riyaz Latoo and another Vs SKIMS & Anr 2024 LiveLaw (JKL) 23Jaswant Singh Vs J&K State Road Transport Corporation 2024 LiveLaw (JKL) 24Judgments/Orders: Jammu & Kashmir High Court Grants Bail To State Cooperative...

Doctrine Of Estoppel Can Be Viewed As Substantive Rule Of Law Since It Helps Create Or Deny Rights Which Would Not Exist Without It: J&K High Court

Underscoring the significance of estoppel in safeguarding individual's rights against arbitrary actions by employers, the Jammu and Kashmir and Ladakh High Court has observed that in cases where statutory denial of rights does not occur, estoppel can validate claims and bar parties from denying previously affirmed facts.A bench of Justice MA Chowdhary observed,“Estoppel though a branch of...

Order 1 Rule 10(2) CPC | Court Can Add Or Remove Parties For Determination Of Dispute Without Protraction Or Inconvenience: J&K High Court

Highlighting the court's mandate under Order 1 Rule 10(2) of the Civil Procedure Code (CPC) the Jammu and Kashmir and Ladakh High Court has ruled that the court has the power to bring all interested parties into a lawsuit for a comprehensive and conclusive resolution.Clarifying the position on Order 1 Rule(2) Justice Javed Iqbal Wani observed, “That though the Court may have power to strike...

"Timely Administration Necessary To Promote Rule Of Law": J&K High Court Directs SKIMS To Resume Associate Prof Selection Stalled Since 2022

The Jammu and Kashmir and Ladakh High Court has directed the Sher-e-Kashmir Institute of Medical Sciences (SKIMS) to resume the selection process for promotion to the post of Associate Professor in the Department of Surgical Gastroenterology, which has been stalled since September 2022.Emphasising the crucial role of timely administrative decision-making in upholding the Rule of Law, a bench...

Pathetic & Unbelievable: J&K High Court Expresses Dismay Over Prolonged Power Outage At Srinagar Bench, Requests Chief Secy For Permanent Solution

In a significant move to address the critical infrastructural challenges faced by the High Court of Jammu & Kashmir and Ladakh at Srinagar, the court has requested the Chief Secretary of J&K to work out means to ensure an interrupted supply of electricity to the court.The directions came when the High Court, situated in Srinagar, encountered a power outage during court hours, plunging...

Jammu and Kashmir and Ladakh High Court Weekly Round-Up February 12 - February 18, 2024

Nominal Index:Kaka Ram Vs Mangat Ram 2024 LiveLaw (JKL) 16Executive Engineer Roads and Buildings, Bandipora Vs Nazir Ahmad Teli 2024 LiveLaw (JKL) 17Daljit Singh Vs Dhanwant Kour 2024 LiveLaw (JKL) 18Muyeeb Shafi Ganie Vs UT of J&K 2023 LiveLaw (JKL) 19Babu Ram vs Tata Project Ltd. Residential Manager and Ors 2024 LiveLaw (JKL) 20Mohammad Shafi Dar Vs Directorate of Enforcement and another...