High Court of J & K and Ladakh
Chief Justice Of J&K High Court Administers Oath Of Office To Justice Wasim Sadiq Nargal
The Chief Justice of High Court of Jammu & Kashmir and Ladakh, Justice N Kotiswar Singh on Wednesday administered the oath of office to Justice Wasim Sadiq Nargal as Additional Judge of the High Court of Jammu & Kashmir and Ladakh, in the Chief Justice's Court Room.The oath taking ceremony was attended at Jammu by Justice Atul Sreedharan, Justice Rajesh Oswal, Justice Vinod...
Concept Of “Necessary Party” In Writ Petition Is Far Broader Than In A Purely Civil Suit: J&K High Court
Setting a precedent regarding who can be considered a "necessary party" in writ petitions the Jammu and Kashmir and Ladakh High Court has ruled that the concept of a necessary party in a writ petition is far broader than in a purely civil suit.Shedding light on a much broader application of Order 1 Rule 10(2) concerning writ petitions a bench of Justices Tashi Rabstan & M A...
J&K High Court Imposes ₹1 Lakh Penalty On Kashmir University For Wrongful Application Of Evaluation Statute
The Jammu and Kashmir and Ladakh High Court imposed a penalty of ₹1 lakh on the University of Kashmir for wrongly and arbitrarily applying a statute, forcing a student to reappear for an examination he had already passed.Invoking the Public Law Doctrine a bench of Justice Javed Iqbal Wani observed, “.. the illegality and arbitrariness on the part of the respondents is manifest and writ...
Detaining Authority Not Precluded From Issuing Preventive Detention Order Merely Because Individual Is Already Undergoing Trial: J&K High Court
The High Court of Jammu & Kashmir and Ladakh has held that a detaining authority is not precluded from issuing a preventive detention order merely because the individual is already undergoing trial for substantive offenses.Dismissing the habeas corpus petition filed by Rafaqat Ali challenging his preventive detention under the Prevention of Illicit Traffic in Narcotic Drugs and...
Detailed Examination & Analysis Of Witness Statements Not Appropriate To Determine Merits Of Bail Application: J&K High Court
The Jammu and Kashmir and Ladakh High Court has recently ruled that a detailed examination of witness statements is not permissible at the bail stage, especially when the charges involve serious offenses with severe punishments.Rejecting the bail pleas of two men accused in the 2017 killing of two Special Police Officers (SPOs) in Doda district a bench of Justice Sanjay Dhar observed,...
Govt Allocates All Habeas Corpus Matters Pending In Both Wings Of Jammu & Kashmir And Ladakh High Court To Advocate General
The Jammu and Kashmir government has issued an order allocating all Habeas Corpus cases, including appeals arising from them, to the Advocate General of J&K. This directive applies to both wings of the High Court of Jammu and Kashmir and Ladakh. “It is hereby ordered that all the Habeas-Corpus cases including LPAs arising out of these matters in both the wings of the Hon'ble High Court...
Section 313 CrPC Is A Safeguard In The Trial Process, Court Must Present Each Material Circumstance Separately To Accused: J&K High Court
Reiterated the importance of Section 313 of the Criminal Procedure Code (CrPC) as a vital safeguard for the accused in a fair trial the Jammu and Kashmir and Ladakh High Court highlighted the trial court's duty to ensure the accused is informed of all incriminating evidence against them and is provided an opportunity to explain themselves.“The purpose of putting material evidence...
Jammu & Kashmir And Ladakh High Court Weekly Round-Up: May 13 - May 19, 2024
Nominal Index:Sheikh Mohammad Sadiq (deceased) Through his Legal Representatives Vs Jammu & Kashmir Bank 2024 LiveLaw (JKL) 115M/s A L Construction Vs UT of J&K 2024 LiveLaw (JKL) 116Mst. Raja Vs State Of J&K 2024 LiveLaw (JKL) 117Mohammad Shafi Vs Union Of India 2024 LiveLaw (JKL) 118FAROOQ AHMAD WANI Vs TARIQ AHMAD KHAN 2024 LiveLaw (JKL) 119Judgments/Orders:Courts Have...
Supreme Court Collegium Recommends Justice Rajesh Sekhri For Fresh Term As Additional Judge Of Jammu & Kashmir And Ladakh High Court
The Supreme Court of India has recommended Justice Rajesh Sekhri for a fresh term as Additional Judge of the High Court of Jammu & Kashmir and Ladakh.“The Collegium resolves to recommend that Mr Justice Rajesh Sekhri be appointed as an Additional Judge of the High Court of Jammu & Kashmir and Ladakh for a fresh term of one year with effect from 29 July 2024”, reads the...
S.311 CrPC | Broad Wording Of Section Allowing "Any Court To Summon Witnesses At Any Stage" Of Proceedings, Should Not Be Restricted: J&K High Court
The Jammu and Kashmir and Ladakh High Court has reiterated the wide discretion a court has under Section 311 of the Criminal Procedure Code (Cr.P.C.) to ensure a just decision.In a judgment passed by Justice Javed Iqbal Wani, the court emphasized that the broad wording of the section, allowing "any court" to summon witnesses "at any stage" of the proceedings, should not be...
Pension Is A Property Under Article 31(1), Any Interference With It Violative Of The Constitution: J&K High Court
Protecting the pension rights of a retired Sanitary Inspector the Jammu and Kashmir and Ladakh High Court has reiterated that pension a hard-earned benefit which accrues to an employee, constitutes “property” under Article 31(1) and any interference will be a breach of Article 31(1) of the Constitution.Deciding a plea involving questions of the pensionary rights of an employee a bench...
Excess Salary Paid Due To Wrong Interpretation Of Rules Can't Be Taken Back From Retd Employee: J&K High Court Quashes Recovery Order
Quashing a recovery order passed by the Srinagar Development Authority (SDA) directing a retired employee, Mohammad Ramzan Tantray, to return the excess amount paid due to a mistake in his pay scale upgrade the Jammu and Kashmir and Ladakh High Court today ruled that recovery of excess amount paid to an employee due to a mistake or wrong interpretation of rules cannot be made.In allowing his...