Using “Security Of State” As Grounds To Detain Person In A Union Territory Is Valid Exercise Of Detaining Authority's Power: J&K High Court

The Jammu and Kashmir and Ladakh High Court has recently affirmed that using "Security of State" as a ground for detaining a person in a Union Territory is a valid exercise of the detaining authority's power.Dismissing an appeal against a single bench judgment that dismissed a habeas corpus plea a bench comprising Chief Justice N Kotiswar Singh and Justice Moksha Khajuria Kazmi...

Jammu & Kashmir And Ladakh High Court Weekly Roundup: July 1 - July 7, 2024

Nominal Index [Citations 175 - 180]:MOHAMMAD SHAHBAZ MIR VS UNION OF INDIA 2024 LiveLaw (JKL) 175Gorav Sayal Vs UT of J&K 2024 LiveLaw (JKL) 176Ramtech Software Private Limited Vs Ut Of J&K And Another 2024 LiveLaw (JKL) 177Manzoor Ahmad Yatoo Vs UT of J&K 2024 LiveLaw (JKL) 178Bansi Lal Vs UT of J&K 2024 LiveLaw (JKL) 179Mehraj ud din Andrabi Vs Zia Darakshan 2024 LiveLaw...

Authorities Obligated To Promptly Consider Detenu's Right To Representation Under Article 22 Of Indian Constitution: J&K High Court

Quashing a preventive detention order the Jammu and Kashmir and Ladakh High Court has highlighted that the right to representation for a detenu is a guaranteed right under Article 22 of the Indian Constitution which imposes an obligation on authorities for its prompt consideration.In allowing a habeas corpus plea Justice Rahul Bharti observed, “Right to representation is a Constitution of...

Dismissal Of Complaint For Non-Prosecution Is Final Order, Magistrates Lack Inherent Powers To Restore Such Cases: J&K High Court

The High Court of Jammu & Kashmir and Ladakh has asserted that a Magistrate cannot exercise inherent jurisdiction to restore a complaint once dismissed due to the complainant's non-appearance.A bench comprising Justice Vinod Chatterji Koul has declared that such dismissals are final orders, emphasizing the absence of any provision in the Code of Criminal Procedure (Cr.P.C.) that...

Delayed Trial, Violation Of Article 21 Rights: J&K High Court Grants Bail To Ex-Cop Accused Of Killing Man Falsely Projected As Terrorist

The Jammu and Kashmir and Ladakh High Court has granted bail to Bansi Lal, a 56-year-old former police officer, who had been in judicial custody for almost 18 years.The order, passed by Justice Atul Sreedharan, highlighted the prolonged delay in the trial, describing it as a clear violation of Article 21 of the Indian Constitution, which guarantees the right to a speedy trial.“There are...

Jammu and Kashmir and Ladakh High Court Monthly Digest June 2024

Nominal Index:Kapil Sharma Vs UT of J&K 2024 LiveLaw (JKL) 142Naba Kumar Giri Vs Union Of India 2024 LiveLaw (JKL) 143Sita Devi Vs Union Of India 2024 LiveLaw (JKL) 144Sh. Vaibhav Singh Vs Sh. Taushar Gaind 2024 LiveLaw (JKL) 145Mohammad Ashraf Mir Vs State Of J&K 2024 LiveLaw (JKL) 146Manzoor Ahmad Gunna& Ors. Vs Ut Of J&K And Anr 2024 LiveLaw (JKL) 147Kewal Krishan Gupta Vs...

Non-Response To Demands Invalidates Invocation of Mutual Negotiations Clause in Arbitration Agreements: Jammu & Kashmir High Court

The Jammu and Kashmir High Court bench of Chief Justice N. Kotiswar Singh held that if a party didn't respond to the demands and requests made by the other party, it can't invoke the part of the arbitration clause that such disputes and differences shall be an endeavoured to be resolved by mutual negotiations as a condition precedent for invoking the...

Case Diaries Must Be Made Available Immediately After Filing Bail Application To Facilitate Decisions From First Hearing Itself: J&K High Court

The Jammu & Kashmir and Ladakh High Court on Monday emphasised that case diaries should be promptly available following the filing of bail applications to facilitate decisions on the first hearing itself.Observing that bail applications should ideally be decided on the first date of hearing by this Court a bench of Justice Atul Sreedharan underscored, “The same is possible only if the...

J&K High Court Criticizes State Counsel For Inability To Read Arrest Memo Written In Urdu, Warns Of Needing To Summon IOs For Judicial Assistance

The Jammu and Kashmir and Ladakh High Court has sharply criticized the state counsel for their inability to read arrest memos written in Urdu, a situation that has severely hampered judicial proceedings.In his order Justice Atul Sreedharan issued a stern warning that if such circumstances continue, the court will be left with no option but to summon Investigating Officers (IOs) for every...

Himachal Pradesh High Court Weekly Roundup: June 24 - June 30, 2024

Nominal Index:Hoshyar Singh Chambyal and Ors. v. Hon'ble Speaker and Ors 2024 LiveLaw (HP) 28Tahseen Gul Vs State of Himachal Pradesh 2024 LiveLaw (HP) 29M/s AMN Life Pvt. Ltd. Versus Union of India & others 2024 LiveLaw (HP) 30Ultra Tech Cement Ltd. Versus UOI 2024 LiveLaw (HP) 31J.B.J. Perfumes Private Limited Versus Principal Commissioner of Income Tax and another 2024 LiveLaw...

Jammu and Kashmir and Ladakh High Court Weekly Roundup June 24 - June 30, 2024

Nominal Index:State Vs Raj Kumar 2024 LiveLaw (JKL) 166Yunius Hussain Vs UT of J&K 2024 LiveLaw (JKL) 167Manzoor Hussain Vs UT Of J&K 2024 LiveLaw (JKL) 168ABDUL ROUF SHAH Vs ATIQA HASSAN & OTHERS 2024 LiveLaw (JKL) 169Vinod Kumar Vs Somi Devi 2024 LiveLaw (JKL) 170Sunil Kumar Vs Department of Agriculture J&K 2024 LiveLaw (JKL) 171NAZIR AHMAD DAR & ORS Vs UT Of J&K...

Employer Not Obligated To 'Launch Manhunt Across Globe For Absconding Employees': J&K High Court Upholds Dismissal Of CRPF Constable

Emphasising that an employer is not expected to launch a manhunt for an absconding employee across the globe the Jammu and Kashmir and Ladakh High Court has upheld the dismissal of a constable with the Central Reserve Police Force (CRPF), who had challenged his termination from service.Trashing a contention that the Enquiry Officer has failed to follow the principles of natural justice a bench...