Allotment Of Evacuee Property Confers Only Temporary Licence, Not Leasehold Rights: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh has held that an allotment under the J&K Evacuees (Administration of Property) Act merely creates a temporary licence, terminable in accordance with statutory provisions.Such an allotment, the High Court clarified, does not confer any proprietary or leasehold interest in the property, while stating that a subsequent instrument calling the arrangement a lease cannot override the nature of the original grant.The Court was hearing a Letters...

Insurer Cannot Rely On Hidden Exclusions To Defeat Consumer's Legitimate Expectations Under Insurance Policy: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh has held that an insurer cannot deny coverage for Storm, Tempest, Flood and Inundation (STFI) perils on the ground that no separate premium was paid, when the policy issued is styled as a comprehensive cover including special perils.The High Court observed that the insurer's reliance on a concealed exclusion clause cannot defeat the reasonable expectations of the consumer.The Court was hearing an appeal arising from the dismissal of a writ...

Magistrate Cannot Direct Economic Offences Wing To Investigate Custodial Torture Allegations: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh has held that the Economic Offences Wing, Srinagar, has no authority under the applicable notification to investigate allegations relating to custodial torture and killing.The Court observed that a Magistrate is empowered to direct an investigation only by an agency having jurisdiction over the offence alleged.The Court was hearing a petition filed by the Senior Superintendent of Police, Economic Offences Wing, Kashmir, challenging an order...

Once Defect Is Noticed Within Warranty Period, Both Dealer & Manufacturer Are Jointly Liable For Deficiency In Service: J&K&L High Court

Highlighting the legal obligations of both dealers and manufacturers to resolve defects within the prescribed warranty period the Jammu and Kashmir and Ladakh High Court has held that once a defect is identified within the warranty period, both the dealer and the manufacturer are jointly and severally liable for the deficiency in service.In fastening the liability on the dealer and...

Determination Of Possession Rights In Plaintiff's Injunction Suit Satisfies Due Process, Separate Eviction Suit Not Needed: J&K High Court

Observing that due process of law is satisfied the moment a competent court adjudicates rights of the parties, the High Court of Jammu & Kashmir and Ladakh has held that “once a person in possession brings a suit for injunction against a person who interferes in his possession and his rights are determined in the said suit, it is not necessary for the defendants to bring a fresh suit...

Letters Patent Appeal Not Maintainable Against Interlocutory Orders In Contempt Proceedings: J&K&L High Court

The Jammu & Kashmir High Court held that a Letters Patent Appeal (LPA) does not lie against interlocutory orders passed in contempt proceedings, reiterating that an appeal under Section 19(1) of the Contempt of Courts Act is maintainable only where the Court has actually imposed punishment for contempt.The Division Bench comprising of Justices Sindhu Sharma, Shahzad Azeem observed that...

'GST Is Fiscal Compliance, Not Regulatory Exemption': J&K High Court Says Brick Dealers Still Need Licence Under Brick Kiln Act

The Jammu & Kashmir High Court has upheld the validity of the Jammu and Kashmir Brick Kiln (Regulation) Act, 2010 and the 2017 Rules, ruling that the regulatory framework applies not only to manufacturers but also to brick dealers, rejecting challenges raised by multiple petitioners.The High Court rejected the plea that GST registration obviated the licensing requirement under the Brick...

J&K&L High Court Denies Bail In NDPS Case; Says 32-Month Abscondence Bars Accused From Invoking Prolonged Incarceration Jurisprudence

The Jammu & Kashmir and Ladakh High Court refused to grant bail to an accused facing trial under the NDPS Act, holding that the delay in conclusion of the trial was entirely attributable to the accused himself, who absconded for nearly two-and-a-half years, thereby disabling him from invoking Article 21's right to speedy trial or relying on the Supreme Court's jurisprudence on...

Payment To 'Either' Or 'Surviving' Joint Account Holder Is Full Discharge Of Bank's Liability: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh has held that when a joint bank account carries the “either or survivor” mandate, payment of the matured deposit to the surviving account holder constitutes a complete and valid discharge of the bank's liability.Any dispute regarding entitlement to those funds, the Court made clear, lies exclusively between the survivor and the legal heirs,...

Civil Court Jurisdiction Prevails Over Revenue Authorities In Property Disputes: J&K&L High Court Quashes Revenue Orders

Reaffirming the legal principle that civil courts exercise superior and overriding jurisdiction over revenue authorities in disputes involving title, possession, or civil rights over immovable property, the High Court of Jammu & Kashmir and Ladakh has quashed three revenue orders passed against a landowner.Justice Wasim Sadiq Nargal emphasised that when a civil suit is already pending on...

'Disability Presumed Attributable To Service Unless Proved Otherwise': J&K&L High Court Upholds Disability Pension For Soldier

The Jammu & Kashmir High Court held that once a soldier is enrolled in a medically fit condition and subsequently develops disabilities during service, the disability is presumed attributable to or aggravated by service unless the Army proves otherwise.The court said that the Army cannot deny disability pension on the basis of a one-line or cryptic “neither attributable to nor aggravated...

Appellate Tribunal Under PMLA Empowered To Remand Matter Back To Adjudicating Authority: J&K&L High Court

The Jammu & Kashmir High court held that the Appellate Tribunal under the Prevention of Money Laundering Act, 2002 (PMLA) possesses inherent powers to remand matters back to the Adjudicating Authority after setting aside a confirmation order, as a necessary concomitant to its appellate jurisdiction.The Division Bench of Justices Sanjeev Kumar and Sanjay Parihar observed that “The power...