80 Important Rulings Of Jammu & Kashmir And Ladakh High Court 2023

1) JKL High Court Slams Authorities For Denying Passport To Mehbooba Mufti's Mother, Says Passport Authority Can't Act As Mouthpiece of CIDCase Title: Gulshan Nazir Vs Union of IndiaCitation: 2023 LiveLaw(JKL) 1Directing the Passport Officer to consider former J&K Chief Minister Mehbooba Mufti's mother's application for re-issuance of passport afresh, the Jammu & Kashmir and Ladakh...

Two Additional Judges Of Jammu & Kashmir And Ladakh High Court Made Permanent

The Central Government has issued a notification appointing the following two additional judges of the Jammu & Kashmir and Ladakh High Court as permanent judges of the HC:1. Justice Rahul Bharti 2. Justice Moksha Ithajuria KazmiA notification issued by the Ministry of Law & Justice in this regard reads thus: "In exercise of the power conferred by clause (1) of Article 217 of...

"Singh" Or "Kour" Surnames Not Mandatory For Sikh Identity: J&K High Court Dismisses Plea Challenging Gurudwara Committee Election

The Jammu and Kashmir High Court has made it clear that having "Singh" or "Kour" as surnames is not mandatory to be recognized as a Sikh person.The bench was adjudicating a petition challenging elections to the District Gurudwara Prabandhak Committee (DGPC) in Akhnoor on the ground that certain non-Sikh voters were added on the electoral rolls. The petitioner's basis of this contention was...

No Amount Of Delay Can Extinguish Constitutional Right To Property: J&K High Court Upholds Compensation For Claimants Dispossessed 45 Yrs Ago

The Jammu and Kashmir and Ladakh High Court has ordered the state to compensate landowners whose property was arbitrarily seized 45 years ago. The court declared that no amount of delay can extinguish the fundamental right to property, granting long-awaited relief to the petitioners.“Even if the right to property has ceased to be a fundamental right in this part of the Country, still then...

Jammu & Kashmir And Ladakh High Court Weekly Roundup: December 8 - December 14, 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)...

Expedited Resolution In Summary Suits Cannot Come At The Cost Of Defendant's Fair Opportunity To Defend Himself: J&K High Court

Shedding light on the principles governing the grant of leave to defend a summary suit, the Jammu and Kashmir and Ladakh High Court has ruled that while the objective of summary suits is to expedite commercial disputes, this cannot come at the cost of denying the defendant a fair opportunity to defend himself.Citing 'Sudin Dilip Talaulikar v. Polycap Wires Private Limited &...

LOCs Are Coercive Measures Interfering With Liberty, To Be Used Exceptionally Only When Accused Deliberately Evades Justice: J&K High Court

While quashing a Look Out Circular (LOC) issued against a businessman facing corruption charges, the Jammu and Kashmir and Ladakh High Court has observed that LOCs are not routine measures but exceptional tools used only when an accused deliberately evades justice or poses a flight risk.A bench of Justice Sindhu Sharma observed,“An LOC is a coercive measure to make a person surrender...

O.6 R.17 CPC | Adopt Liberal Approach To Amendments Before Trial Unless It Causes Irreparable Prejudice To Opposite Party: J&K High Court

The Jammu and Kashmir and Ladakh High Court has ruled that courts must adopt a liberal approach and allow amendments under Order 6 Rule 17 of the Civil Procedure Code (CPC) unless they cause irreparable prejudice to the other party or change the very nature of the suit.A bench of Justice M A Chowdhary added that whenever an amendment is sought before the commencement of a trial, a lenient...

Press Should Refrain From Publishing Defamatory Content Against Private Citizen If It Serves No Public Interest: Jammu & Kashmir High Court

Cautioning the press from publishing contents that are manifestly defamatory against an individual, the Jammu and Kashmir and Ladakh High Court has observed that content published by the press should be duly verified and there should be sufficient reason to believe that it is true and serves the public good.Debunking “Truth” as a defence for publishing defamatory material against a...

J&K HC Allows Minors Plea For Passport Rectification Upon Attaining Majority, Directs Adherence To Ministry of External Affairs Guidelines

Allowing a plea seeking directions to effect changes in the date of birth in the passport the Jammu and Kashmir and Ladakh High Court has emphasized that an applicant seeking a change in the date of birth in their passport must do so within a reasonable time, specifically within five years from the date of the passport's issuance, with certain exceptions for minors.Citing the Ministry of...

Subjective Satisfaction Under Preventive Detention Jurisdiction Cannot Rule Out Objectivity: J&K HC Quashes Detention Order

The Jammu and Kashmir and Ladakh High Court has quashed the detention order of a detenue citing serious concerns about the grounds of detention being based on a "caricatured" opinion instead of an objective assessment.A bench of Justice Rahul Bharti has observed,“If taken as it is, then any law abiding citizen can be stereotyped at the hands of law and enforcement agency/authority for the...

Supreme Court Collegium Recommends Permanent Appointments For Two Additional Judges Of J&K And Ladakh High Court

The Supreme Court Collegium led by Chief Justice Dhananjaya Y Chandrachud and comprising Justices Sanjiv Khanna and B R Gavai has recommended the appointment of two Additional Judges as permanent Judges of the High Court of Jammu & Kashmir and Ladakh.The resolution recommending the elevation of Justice Moksha Khajuria Kazmi and Justice Rahul Bharti, both serving as Additional Judges in...