Jammu and Kashmir and Ladakh High Court Weekly Roundup May 27 - June 2, 2024

Nominal Index:Bhajan Singh Vs State Of J&K 2024 LiveLaw (JKL) 129ABDUL QADIR BHAT AND ANOTHER Vs M/S SHRI RAM TRANSPORT FINANCE Co.Ltd 2024 LiveLaw (JKL) 130Abdul Rashid Zargar Vs Union Territory of J&K & Ors 2024 LiveLaw (JKL) 131WASEEM AHAD AND OTHERS Vs UT Of J&K 2024 LiveLaw (JKL) 132Mohammad Rafiq Rather Vs Sara Banoo 2024 LiveLaw (JKL) 133WASEEM AKRAM & ANR Vs UT OF J&K AND ANR 2024 LiveLaw (JKL) 134MUDASIR AHMAD DAR Vs. MST.MASHOOKA AND ANOTHER 2024 LiveLaw (JKL) 135Updesh Kour Vs State of J&K 2024 LiveLaw (JKL) 136Ghulam Mohi-ud-Din Lone Vs UT of J&K 2024 LiveLaw (JKL) 137Chaman Lal Vs Sh. Mohd Sharief 2024 LiveLaw (JKL) 138Roop Singh Vs Pritam Singh 2024 LiveLaw (JKL) 139Khursheed Ahmad Lone v. Union Territory 2024 LiveLaw (JKL) 140Qurat-ul-ain Vs UT of J&K 2024 LiveLaw (JKL) 141Judgments/Orders: Absence Of Motive Becomes Less Significant When Prosecution Relies On Strong Eyewitness Account: J&K High CourtCase Title: Bhajan Singh Vs State Of J&KCitation: 2024 LiveLaw (JKL) 129Underscoring the principle that the absence of a proven motive can be inconsequential if the eyewitness testimony is credible the Jammu and Kashmir and Ladakh High Court clarified that the absence of motive becomes less significant when the prosecution relies on a strong eyewitness account.First Court Holds Exclusive Jurisdiction Over Subsequent Arbitral Proceedings Under S.40 Of Arbitration & Conciliation Act: J&K High CourtCase Title: ABDUL QADIR BHAT AND ANOTHER Vs M/S SHRI RAM TRANSPORT FINANCE Co.Ltd.Citation: 2024 LiveLaw (JKL) 130Clarifying the scope of Section 42 of the Arbitration and Conciliation Act, 1996 the Jammu and Kashmir and Ladakh High Court ruled that once an application concerning an arbitration agreement under Part I of the Act has been submitted before a court, that court exclusively possesses jurisdiction over all ensuing arbitral proceedings and related applications.Lessee Cannot Be Allowed To Accept Beneficial Terms & Conditions Of Lease While Avoiding Terms Which Are Against His Interests: J&K High CourtCase Title: Abdul Rashid Zargar Vs Union Territory of J&K & OrsCitation: 2024 LiveLaw (JKL) 131Ruling against the selective acceptance of lease conditions by lessees the Jammu and Kashmir and Ladakh High Court ruled that a lessee cannot selectively accept only the favourable terms and conditions of a lease while rejecting the unfavorable ones.“No Justification In Withholding Any Part Of Salary”: J&K High Court Directs Release Of Withheld Salaries For EDI EmployeesCase Title: WASEEM AHAD AND OTHERS Vs UT Of J&KCitation: 2024 LiveLaw (JKL) 132Directing the release of withheld salaries of employees of the Jammu & Kashmir Entrepreneurship Development Institute (JKEDI) the Jammu and Kashmir and Ladakh High Court ruled that allegations of irregularities in appointment or promotion cannot be a reason for withholding salaries of employees.Every Erroneous Decision By Lower Court Not Amenable To Writ Of Certiorari, Only Patent Errors Can Be Corrected: J&K High CourtCase Title: Mohammad Rafiq Rather Vs Sara BanooCitation: 2024 LiveLaw (JKL) 133Underscoring the principle that every erroneous decision by a lower court cannot be challenged under Article 227 of the Constitution, the Jammu and Kashmir and Ladakh High Court clarified that this provision is meant to rectify only glaring errors apparent on the face of the record, not mistakes in factual assessment or legal interpretation.FIR Can Be Elaborated Upon By Informant But Cannot Be Used To Create Fresh Charges Against Accused: J&K High Court Grants Bail To In-Laws Accused Of Gang RapeCase Title: WASEEM AKRAM & ANR Vs UT OF J&K AND ANRCitation: 2024 LiveLaw (JKL) 134The Jammu and Kashmir and Ladakh High Court granted bail to two men accused of gangrape, observing that the initial complaint in the First Information Report (FIR) can be elaborated upon by the informant, but this cannot be used to introduce new accusations or entirely new offenses against the accused.Criminal Court Can Review Its Own Order At Notice Stage Under Domestic Violence Act: J&K High CourtCase Title: MUDASIR AHMAD DAR Vs. MST.MASHOOKA AND ANOTHERCitation: 2024 LiveLaw (JKL) 135The High Court of Jammu and Kashmir and Ladakh clarified that the bar on a criminal court to review its own order does not apply at the stage when a notice is issued under Section 12 of the Protection of Women from Domestic Violence Act, 2005.J&K Land Revenue Act | Special Remedy U/S 121 Doesn't Extinguish Financial Commissioner's Power To Correct Mutation Errors Under Section 15: High CourtCase Title: Updesh Kour Vs State of J&KCitation: 2024 LiveLaw (JKL) 136Affirming the broad revisional powers of the Financial Commissioner under Section 15 of the J&K Land Revenue Act 1996 the Jammu and Kashmir and Ladakh High Court clarified that the existence of a special remedy under Section 121 does not exclude the general revisional powers under Section 15.Courts Can Scrutinise Grounds Of Detention To Ascertain Prima Facie...

Jammu and Kashmir and Ladakh High Court Weekly Roundup May 27 - June 2, 2024

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