Specific Instances Verifiable By Statements Of Witnesses Essential To Establish “Subjective Satisfaction” For Issuing Detention Orders: J&K High Court

The Jammu and Kashmir and Ladakh High Court has held that the grounds of detention disclosing specific instances verifiable by documents and/or statements of witnesses are essential to establish “subjective satisfaction,” and their absence vitiates detention orders.Such was the finding of Justices Atul Sreedharan and Mohammad Yousuf Wani while setting aside the preventive detention of one Imran Rashid Rather under the Public Safety Act (PSA). “Vague grounds militate against subjective...

J&K High Court Declares Grameen Bank's ₹2 Lakh Indemnity Bond Condition For New Appointees Void For Violating Banking Regulations

The Jammu and Kashmir and Ladakh High Court has quashed a contentious indemnity bond condition imposed by the Jammu and Kashmir Grameen Bank (JKGB).The court ruled that the condition, which mandated new appointees to execute an indemnity bond of ₹2,00,000 and allowed its encashment upon premature resignation, was not only unauthorized under the Regional Rural Bank Regulations 2010 but also contrary to principles of fairness and public policy.“Having regard to the said statutory nature of the...

S.92 CPC | Leave Of Court Mandatory Prerequisite For Instituting Suit, Defect Cannot Be Cured Later: J&K High Court

Reinforcing the mandatory nature of Section 92 of the Civil Procedure Code (CPC) the Jammu and Kashmir and Ladakh High Court has stated that the leave of the court is a condition precedent for instituting a suit under this section.A bench of Justice Javed Iqbal Wani emphasized that a suit instituted without such prior leave is void ab initio, and the defect cannot be rectified later, terming it "basic and material."Section 92 of the CPC is a special provision designed to safeguard public trusts...

Award Passed By Ineligible Arbitrator Can Be Set Aside U/S 34 Of Arbitration Act: Jammu And Kashmir HC

The Jammu & Kashmir and Ladakh High Court bench of Justice Sanjay Dhar has held that award passed by an ineligible arbitrator is liable to be set aside under section 34 of the Arbitration Act. Brief Facts The present petition has been filed under section 34 of the Arbitration Act against an award passed by the Arbitrator by which the claimant has been has been held entitled...

Face Covering By Women Advocates Violates BCI Dress Code: J&K High Court

The High Court of Jammu and Kashmir and Ladakh has categorically held that women advocates cannot appear before the court with their faces covered, citing clear provisions under the Bar Council of India (BCI) rules.These observations arising from proceedings before Justice Moksha Khajuria Kazmi and Justice Rahul Bharti, emphasised that the Bar Council of India (BCI) rules governing the dress...

Jammu and Kashmir and Ladakh High Court Weekly Roundup December 16 - December 22, 2024

Nominal Index:Sardul Singh son of Joga Singh VS Davinder Kour wife of Gurinder Singh 2024 LiveLaw (JKL) 341Vaishno Devi and ors Vs Commissioner Secy. to P.D.D. Department and ors 2024 LiveLaw (JKL) 342Sat Paul Vs UT Of J&K 2024 LiveLaw (JKL) 343UT Of J&K Vs Irfan Qayoom 2024 LiveLaw (JKL) 344J&K Bank Vs Abdul Majeed Bhat 2024 LiveLaw (JKL) 345Mohammad Subhan Shah Vs State Of...

“There Has Been An Increase In Inflation:" J&K High Court Emphasises Revising 'Notional Income' Under Second Schedule Of Motor Vehicles Act

Recognising the impact of inflation and the devaluation of currency over the years the Jammu and Kashmir and Ladakh High Court has emphasised the need to revise the notional income of non-earning persons as stipulated in the Second Schedule of the Motor Vehicles Act, 1988.A bench of Justice Sanjay Dhar has observed that the notional income of ₹15,000, fixed in 1994, fails to reflect...

Proof Of Demand & Voluntary Acceptance Of Bribe Key For Conviction, Recovery Of Marked Currency Notes Not Sufficient: J&K High Court

The Jammu and Kashmir and Ladakh High Court has ruled that the recovery of marked currency notes or a positive hand wash test, without proof of demand and voluntary acceptance of a bribe, cannot sustain a conviction under anti-corruption laws.Acquitting a former Accounts Officer, Justice Puneet Gupta emphasized that the prosecution must establish these fundamental elements beyond a...

Civil Courts Retain Exclusive Jurisdiction For Non-Industrial Disputes & Provide Alternative Remedies For Common Law Claims: J&K High Court

The Jammu and Kashmir and Ladakh High Court has held that if a dispute is not an industrial dispute nor relates to the enforcement of any rights under the Industrial Disputes Act (ID Act), the remedy lies exclusively in a civil court.However, a bench of Justice Vinod Chatterji Koul clarified that if the dispute arises out of a right or liability under general or common law rather than the ID...

“Undermines Faith Of Common Man In Criminal Justice”: J&K High Court Calls For SITs To Address “Casual Probes” In NDPS Cases

Emphasising the urgent need for specialized investigative teams to handle cases under the Narcotic Drugs and Psychotropic Substances (NDPS) Act the Jammu and Kashmir and Ladakh High Court has observed that casual, unfair, and non-scientific investigations in NDPS cases creates a sense of insecurity and undermine the faith of the common man in the administration of the criminal...

Misconceived Consent Obtained On False Promise Of Marriage Constitutes Rape Under IPC: J&K High Court

The Jammu and Kashmir and Ladakh High Court has reiterated the legal principle that a promise to marry made with no intention of fulfillment, which induces consent for sexual intercourse, amounts to consent obtained under a misconception of fact. Such consent, the Court emphasised, cannot be excused under Section 90 of the Indian Penal Code (IPC) and can lead to a conviction for rape...

J&K High Court Orders ₹11.63 Lakh Compensation To Family Of Electrician Electrocuted During Repair Work

Upholding the principle of respondeat superior, the Jammu and Kashmir and Ladakh High Court has awarded ₹11.63 lakh as compensation to the family of an electrician who lost his life due to electrocution while conducting repairs on an 11 KV power line.In allowing a compensation petition of the family of the deceased electrician Justice Javed Iqbal Wani observed, “.. the petition succeeds...