Jammu & Kashmir And Ladakh High Court Weekly Round-Up: May 01- May 07

Nominal IndexNayeem Rasool Vs UT of J&K 2023 LiveLaw (JKL) 102Mohammad Ashraf Dar vs UT Of J&K 2023 LiveLaw (JKL) 103Ayaz Ahmad Vs UT of J&K 2023 LiveLaw (JKL) 104Sheikh Shakeel Ahmed Vs UT of J&K 2023 LiveLaw (JKL) 105M/S Power Grid Corporation of India Ltd. Versus Assessing Authority Sales Tax Circle D Jammu 2023 LiveLaw (JKL) 106Land Owners of Village Suthsoo and others Vs State of J&K 2023 LiveLaw (JKL) 107Molvi Mohammad Amin Pala Vs UT of J&K 2023 LiveLaw (JKL) 108UT of J&K Vs Pradeep Singh( Now Dead) 2023 LiveLaw (JKL) 109Farooq Ahmad Mir Vs Nisar Ahmad Wani and others 2023 LiveLaw (JKL) 110Judgements/OrdersPower To Transfer Undertrial Prisoner From One Jail To Another Only With Court: Jammu & Kashmir High CourtCase Title: Nayeem Rasool Vs UT of J&KCitation: 2023 LiveLaw (JKL) 102The Jammu & Kashmir and Ladakh High Court ruled that the power to direct transfer of an undertrial prisoner from one jail to another vests only with the Magistrate/ Court which had remanded the detenue to a certain prison, and not with the prison authorities.A bench comprising Justice M A Chowdhary referred to Prison Manual, 2022- For the Superintendence and Management of Prisons in the Union Territory of Jammu and Kashmir read with Prisoners Act, 1900 and observed,"The power to remand or transfer of an undertrial prisoner from one jail to another is to be exercised by the Court by passing a judicial order, obviously after providing opportunity of being heard and that the change in the place of detention would be permissible only with the permission of the Court under whose warrant the undertrial has been remanded to custody."Narco-Terrorism Serious Threat To National Security: Jammu & Kashmir High Court Refuses To Interfere With Alleged Drug Trafficker's DetentionCase Title: Mohammad Ashraf Dar vs UT Of J&K.Citation: 2023 LiveLaw (JKL) 103Observing that the involvement of various terrorist groups and syndicates in drug trafficking leads to threat to the national security and sovereignty of States by way of Narco terrorism, the Jammu and Kashmir and Ladakh High Court dismissed the plea of an alleged drug trafficker, detained under the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances (PITNDPS) Act, 1988.Orders Framing, Altering Or Refusing To Alter Charges Under NIA Act Are Interlocutory & Not Appealable: Jammu & Kashmir High CourtCase Title: Ayaz Ahmad Vs UT of J&KCitation: 2023 LiveLaw (JKL) 104The Jammu and Kashmir and Ladakh High Court ruled that a Special Court's order framing charge or altering or refusing to alter the charge under the National Investigating Agency Act is an interlocutory order and not appealable under Section 21.Vaishno Devi Stampede: Jammu & Kashmir High Court Closes PIL To Make Inquiry Report Public, Says Steps Taken By Shrine Board SatisfactoryCase Title: Sheikh Shakeel Ahmed Vs UT of J&KCitation: 2023 LiveLaw (JKL) 105The Jammu and Kashmir and Ladakh High Court expressed its satisfaction with the measures taken by the Vaishno Devi Shrine Board to streamline the yatra and ensure safety of pilgrims, following the deadly stampede in the intervening night of 2021-22.After perusing the record and detailed reply affidavit, Justice Nargal writing for the bench opined that the Shrine Board has taken all measures including short term, medium and long term with a view to streamline the yatra, besides taking all safety measures for the safety of the pilgrims. Not only this, even the Board has undertaken various activities through its Administration and Operations Wing, for better management and facilitation of pilgrims, the bench added.No Sales Tax On Supply Of Goods For Erecting Transmission Lines, Substations & Power Grids Before 15.05.1997: Jammu & Kashmir And Ladakh High CourtCase Title: M/S Power Grid Corporation of India Ltd. Versus Assessing Authority Sales Tax Circle D JammuCase No.: STR No. 03/2022Citation: 2023 LiveLaw (JKL) 106The Jammu & Kashmir And Ladakh High Court held that no sales tax is exigible for the supply of goods for erecting transmission lines, substations, and power grids.The bench of Justice Sanjeev Kumar and Justice Rajesh Sekhri has observed that the transaction between the assessee and the contractors in which the assessee has supplied the goods and material purchased by it from outside the State against C-Forms for the purpose of erecting transmission lines, sub-stations, and power grids for itself did not amount to “sale” as it was defined under Section 2(L) of the GST Act before 15.05.1997.Land Acquisition For Ring Road Not Notified As National Highway But Part Of NH Project Must Be Under NHAI Act: Jammu & Kashmir High CourtCase Title: Land Owners of Village Suthsoo and others Vs State of J&KCitation: 2023 LiveLaw (JKL) 107The Jammu and Kashmir and Ladakh High Court ordered that all land required for the construction of the Srinagar Ring Road must be acquired in accordance with the National Highways Act, 1956. The court also ruled that additional...

Jammu & Kashmir And Ladakh High Court Weekly Round-Up: May 01- May 07

Basit Amin Makhdoomi

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