Jammu & Kashmir And Ladakh High Court Weekly Roundup March 17 - March 23, 2024

Nominal Index:S. Charanjeet Singh vs UT of J&K and Anr 2025 LiveLaw (JKL) 94NA Ronga Vs UT Of J&K 2025 LiveLaw (JKL) 95Farukh Jehanzeb Vs Muzaffar Ali Kapra And Anr 2025 Livelaw (JKL) 96Smt. Sudershan Sharma vs Union Territory of Jammu and Kashmir 2025 LiveLaw (JKL) 97Mohammad Shafi Naikoo Vs UT Of J&K 2025 LiveLaw (JKL) 98Sumesh Chadha vs UT of J&K and Anr 2025 LiveLaw (JKL) 99Mohd. Shafi Vs UT Of J&K 2025 LiveLaw (JKL) 100Mohd. Asgar @ tola vs UNION TERRITORY OF JAMMU AND KASHMIR 2025 Livelaw (JKL) 101Sumit Nayyar Vs State of J&K 2025 LiveLaw (JKL) 102Sahib Saran Khajuria vs Jammu Municipal Corporation 2025 Livelaw (Jkl) 103Mohammad Junaid Raina Vs UT Of J&K 2025 LiveLaw (JKL) 104Archana vs. Union Territory of J&K & Another 2025 LiveLaw (JKL) 105Court on its own motions vs Sharadul Amarchand Mangaldass & Co 2025 LiveLaw (JKL) 106Johar Mehmood Vs UT Of J&K 2025 LiveLaw (JKL) 107M/s Mohd Asif Vs UT Of J&K 2025 LiveLaw (JKL) 108State Of J&K Vs Sayed Shabir Bukhari 2025 LiveLaw (JKL) 109Judgments/Orders:Filing Written Statement Does Not Waive Right To Arbitration If Preliminary Objection Is Raised At Outset: Jammu & Kashmir High CourtCase Title: S. Charanjeet Singh vs UT of J&K and Anr.Citation: 2025 LiveLaw (JKL) 94The Jammu and Kashmir High Court bench of Justice Rajnesh Oswal held that mere filing of the written statement in a suit does not constitute a waiver of right to arbitration if the party has raised a preliminary objection in respect of the arbitration clause at the outset.Grounds Of Detention Are Vague, Ambiguous: J&K High Court Quashes Preventive Detention Of Former Bar President Nazir Ahmad RongaCase Title: NA Ronga Vs UT Of J&KCitation: 2025 LiveLaw (JKL) 95The Jammu and Kashmir and Ladakh High Court quashed the preventive detention of former Jammu and Kashmir High Court Bar Association President Nazir Ahmad Ronga.Justice Sanjay Dhar held that the allegations against Ronga were vague, lacked material particulars, and did not provide a basis for his detention under the J&K Public Safety Act, 1978.Defendant Cannot Rely On Vague Statements While Pursuing Leave To Defend In Summary Suit: J&K High CourtCase-Title: Farukh Jehanzeb Vs Muzaffar Ali Kapra And AnrCitation: 2025 Livelaw (JKL) 96The Jammu and Kashmir High Court has held that a defendant cannot rely on unsubstantiated and vague statements while offering his leave to defend in a summary suit procedure.Justice Sanjay Dhar while dealing with a cheque bounce case noted that the appellant had admitted signing the cheque but failed to provide any substantial evidence proving that the cheque was not meant for the respondent. The court held that a mere statement that the cheque was issued to another person is insufficient to disprove the allegations made by the respondent.Recovery Of Excess Pension Due To Administrative Error Cannot Be Enforced Against Elderly Pensioners Or Widows: J&KHigh CourtCase-title: Smt. Sudershan Sharma vs Union Territory of Jammu and KashmirCitation: 2025 LiveLaw (JKL) 97Giving relief to an elderly woman pensioner in whose account an excess amount of pension was credited, the Jammu and Kashmir High Court held that if, due to an administrative error, an excess amount is credited to the accounts of elderly pensioners or widows which is withdrawn, the same cannot be recovered.Possession Of Migrant Property Cannot Be Handed Over To Anyone Without Written Consent Of Migrant Owner: J&K High CourtCase Title: Mohammad Shafi Naikoo Vs UT Of J&KCitation: 2025 LiveLaw (JKL) 98The Jammu and Kashmir High Court upheld the eviction order passed by the Financial Commissioner in evicting the illegal occupant of a migrant property. The court held that the occupant-petitioner herein could not have taken over the possession of the land in question except with the express consent of the migrant in writing, to be handed over by the District Magistrate alone.Wife Cannot Implicate Husband's Uncle In Cruelty Case To Pressurize Husband's Family To Return 'Stridhan': J&K High CourtCase-title: Sumesh Chadha vs UT of J&K and AnrCitation: 2025 LiveLaw (JKL) 99The Jammu and Kashmir High Court has deprecated the practice of arraying the relatives of the husband as accused in the proceedings under Section 498-A IPC to create pressure on the husband and his family members.No Killer Would Keep Leftover Poison For Police To Discover After Months: J&K High Court Overturns Conviction in 20-Yr-Old Murder CaseCase Title: Mohd. Shafi Vs UT Of J&KCitation: 2025 LiveLaw (JKL) 100"A person who administers poison to kill a person will not keep the leftover poison, if any, with him for months together and wait for the police to come and recover it from him," observed the Jammu and Kashmir and Ladakh High Court, as it overturned the conviction of Mohd. Shafi in a two-decade-old murder case.Cannot Come To Rescue Of Proclaimed Offender Seeking Quashing Of Detention Order At Pre-Execution Stage: J&K High CourtCase-title: Mohd. Asgar @ tola vs UNION TERRITORY OF JAMMU AND...

Jammu & Kashmir And Ladakh High Court Weekly Roundup March 17 - March 23, 2024

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