High Court of J & K and Ladakh
S.15 BOCA Act | Orders Passed By Authority Are Final, Can't Be Questioned In Any Suit, Application Or Execution Proceedings: J&K High Court
Dismissing a petition challenging an order passed by the J&K Special Tribunal, Jammu, the Jammu and Kashmir and Ladakh High Court has emphasised the Tribunal's final authority in matters under the Control of Building Operations Act, 1988 and the limited scope of the High Court's writ jurisdiction in disputes involving questions of fact.Declining interference with the orders of Tribunal Justice Javed Iqbal Wani observed,“..indulgence sought by the petitioner herein the instant petition of the...
J&K High Court Directs Govt To Issue NOC For Canoeist Bilquis Mir's Participation In Asian Canoe Sprint Olympic Qualifiers
The Jammu and Kashmir and Ladakh High Court has directed the government to grant a No Objection Certificate (NOC) to renowned Canoeist Bilquis Mir.The directions to this effect were passed by Justice Sindhu Sharma in response to Bilquis Mir's plea seeking permission to travel to Japan and participate as the Chief Line Judge in the Asian Canoe Sprint Olympic Qualifier.Mir, an...
Magistrate Using Expression "To Ascertain Truth Or Falsehood Of Complaint" Indicates Intent To Proceed Under Chapter XVI Of CrPC: J&K High Court
The Jammu and Kashmir and Ladakh High Court has clarified that the use of the expression "to ascertain the truth or falsehood of the complaint in terms of Section 202 of the Code" in a Magistrate's order indicates the intent to proceed under Chapter XVI of the Code of Criminal Procedure (CrPC), which deals with inquiries and investigations into complaints.Justice Sanjay Dhar further...
Manufacturing Defect From Day One Entitles Customer To New Car, Not Repairs: Jammu & Kashmir High Court
The Jammu and Kashmir and Ladakh High Court has ruled that a customer is entitled to replacement of vehicle if the car suffers from a manufacturing defect from the very beginning.Highlighting the distinction between repair for wear-and-tear issues and replacements for inherent manufacturing flaws Justices Sanjeev Kumar and Puneet Gupta observed,“Repairs may be called for if the...
Court Can Examine Whether Enquiry Officer Has Taken Into Account Relevant Material: J&K High Court Overturns Dismissal Order Due To 'Perverse' Enquiry Findings
The Jammu and Kashmir and Ladakh High Court has quashed the dismissal order of a Sashastra Seema Bal (SSB) trooper citing perversity in the enquiry findings.Justice Sanjay Dhar, in his judgment held that the Enquiry Officer had failed to consider crucial evidence submitted by the petitioner regarding his illness.The court clarified that while the scope of judicial review in the case...
Jammu and Kashmir and Ladakh High Court Weekly Round-Up April 8 - April 15, 2024
Nominal Index:Bashir Ahmed Naik Vs UT of J&K 2024 LiveLaw (JKL) 80Hans Raj Vs Dilbagh 2024 LiveLaw (JKL) 81“X” Juvenile Vs UT Of J&K 2024 LiveLaw (JKL) 82M/S Hotel Alpine Ridge Vs Union Of India and Other Connected Petitions 2024 LiveLaw (JKL) 83Vineeta Jamwal Vs Col (Retd.) Vijay Singh 2024 LiveLaw (JKL) 84Judgments/Orders:District Magistrate Who Is Empowered To Issue Detention...
State Can't Be Oblivious, Ungrateful Towards Those Who Lay Down Lives To Protect Nation: J&K High Court Orders ₹5 Lakh Compensation For Family Of BSF Constable
Recognizing the sacrifices of security personnel who lay down their lives while performing their duties in service of the nation the Jammu and Kashmir and Ladakh High Court has directed the state government to pay Rs. 5 lakh compensation to the family of a BSF constable who disappeared during the Kashmir Valley unrest 32 years ago.In allowing a plea for compensation moved by the family of...
India Governed By Rule Of Law, Citizens Can't Be Picked Up & Interrogated To Carve Out Grounds For Preventive Detention Without Any Criminal Case: J&K High Court
The Jammu and Kashmir High Court has quashed the preventive detention order slapped by Shopian District Magistrate on a 26-year-old man, Jaffar Ahmad Parray, observing that in a democratic country like India, Police and Magistracy cannot be expected to pick up and interrogate citizens and carve out grounds of preventive detention without registering a criminal case against them.In issuing a...
[S.151 CPC] Inherent Power Of Court To Do Justice Not Affected By Its Power To Recall Witnesses, Elicit Clarifications: J&K High Court
Reiterating the importance of the inherent power of the court under Section 151 of the Civil Procedure Code (CPC) to ensure a fair trial the Jammu and Kashmir and Ladakh High Court has held that the inherent power of the court is not affected by the express power conferred upon the court under Order 18 Rule 17 of the Code to recall any witness and elicit clarifications.Citing “Ram Rati...
Easy Access To Justice A Facet Of Right To Life: J&K High Court Allows SARFAESI Actions To Be Challenged Under Article 226 Till Local DRTs Are Established
The Jammu and Kashmir High Court, has ruled that the absence of Debt Recovery Tribunals (DRTs) within the Union Territories (UTs) of Jammu and Kashmir and Ladakh violates the fundamental right to easy access to justice enshrined in Article 21 of the Constitution.In their earnest bid to advance hassle-free access to substantial justice Chief Justice N. Kotiswar Singh & Justice Wasim...
Scrutiny In Proceedings Must Be Avoided To Insulate & Protect Juvenile: J&K High Court Slams Disclosure Of Identity Of Juveniles In Conflict With Law
The Jammu and Kashmir and Ladakh High Court has come down heavily on courts operating in the Union Territories for routinely disclosing the identities of juveniles in conflict with law in their orders.While granting bail to a 17-year-old boy accused of attempted murder in Samba district Justice Sanjeev Kumar observed,“Courts working in the Union Territory of Jammu and Kashmir and the...
Jammu & Kashmir And Ladakh High Court Weekly Roundup: April 1 - April 7, 2024
Nominal Index [Citations 70 - 80]:UT Of J&K Vs Shabir Ahmad Dar 2024 LiveLaw (JKL) 70National Insurance Co. Vs Rakesh Kumar Sharma 2024 LiveLaw (JKL) 71LYCEUM PUBLIC SCHOOL Vs UT OF J&K 2024 LiveLaw (JKL) 72Principal Commissioner of Income Tax Versus Dr. Karan Singh 2024 LiveLaw (JKL) 73Abdul Qayoom Ganaie Vs UT of J&K 2024 LiveLaw (JKL) 74Ghar Singh vs University of Jammu &...