Non-Mention Of Bail Granted To Accused In FIR-Based Detention Order Renders Detention Illegal: J&K High Court

Quashing a preventive detention order the Jammu & Kashmir and Ladakh High Court has declared that once an FIR is the core ground for passing a detention order, the non-mentioning of bail granted in relation to that FIR renders the detention order illegal.A bench comprising Justice Puneet Gupta based this observation on a settled proposition of law that the detaining authority is required...

S. 8(8) PMLA | Bonafide Individuals Suffering Loss Due To Money Laundering Can Approach Special Court To Restore Attached Property: J&K High Court

Reinforcing the protections for individuals who, acting in good faith, suffer losses due to offences of money laundering the Jammu and Kashmir and Ladakh High Court has ruled that they are entitled to approach the Special Court to seek restoration of the attached properties.Citing Sec 8 Sub Sec 8 of the Prevention of Money Laundering Act, 2002, Justice Sanjeev Kumar observed,“.. that a...

Constitutional Courts Are Guardians Of Citizen's Fundamental Rights, Must Be Extra Sensitive When Personal Liberty Is Violated: J&K High Court

Quashing a preventive detention order under J&K Public Safety Act 1978 the Jammu and Kashmir and Ladakh High Court has sounded a note of caution for detaining authorities who assume that their powers under the act are unchecked.A bench of Justice Rahul Bharti has stated that subjective satisfaction of the authorities for issuing detention orders cannot be construed as a matter of...

Shortcomings Of Investigative Agency Cannot Hinder Framing Of Charges Based On Evidence Brought On Record: J&K High Court

Highlighting the duties of a Court while framing a charge against an accused the Jammu and Kashmir and Ladakh High Court has ruled that investigative shortcomings should not prevent the framing of charges based on the evidence presented.Quashing an order passed by the Additional District and Sessions Judge (AD&J) Baramulla, directing framing of charges under Section 304 Part-I IPC...

'Unlawful Invasion Of Fundamental Rights': J&K High Court Quashes Illegal Detention, Orders ₹2 Lakh Compensation

The High Court of Jammu & Kashmir and Ladakh has ordered the Union Territory administration to pay ₹2 lakh as compensation to Aftab Hussain Dar, a 22-year-old student, after quashing his preventive detention, declaring it illegal and unconstitutional.While allowing his habeas corpus plea bench of Justice Rahul Bharti observed, “This Court considers and reckons that this is a fit case...

'State Security' No Longer Valid Ground For Preventive Detention In J&K Since Reorganization As Union Territory: J&K High Court

Quashing a preventive detention order the Jammu and Kashmir and Ladakh High Court has recently declared that the term "security of the State" is obsolete in the context of Jammu and Kashmir since its reorganization as a Union Territory in 2019.A bench of Justice Rahul Bharti has clarified, “.. Under the J&K Reorganization (Adaptation of State Laws) Order, 2020, “Security of the...

Jammu and Kashmir and Ladakh High Court Weekly Roundup June 10 - June 16, 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...

Goodwill, Misrepresentation By Defendant And Subsequent Damage Are Prerequisites To Enforce Passing Off Remedy For Unregistered Trademarks: J&K High Court

The Jammu and Kashmir High Court single bench of Justice Sanjay Dhar held that to claim a passing-off remedy for an unregistered trademark, the following three elements must be established: (a)ownership of business goodwill, (b) misrepresentation by the defendant leading to confusion, and (c) consequent damage to the plaintiff's goodwill. Brief Facts: 3...

Participation In Nationalistic Activities Can't Serve As License For Criminal Acts: J&K High Court Dismisses Ex-Corporator's Plea Against Preventive Detention

Dismissing the petition challenging the preventive detention of former Srinagar Municipal Corporator Aqib Ahmad Renzu, the Jammu and Kashmir and Ladakh High Court has asserted that involvement in nationalist activities does not grant immunity from legal proceedings for criminal activities prejudicial to public order.“According to the petitioner, he has been active in mainstream politics and...

[S.340 CrPC] Court Must Be Satisfied That Party Intentionally Committed An Offence Before Recommending Action For Perjury: J&K High Court

Underscoring the necessity for courts to be convinced of intentionality before recommending action under Section 340 of the Criminal Procedure Code (CrPC) the Jammu and Kashmir and Ladakh High Court has court ruled that mere allegations or attempts to settle personal scores are insufficient grounds for initiating perjury proceedings.Highlighting the words “it is expedient in the interest...

“No Reason To Create Impediment For Businesses”: J&K High Court Directs Govt Not To Harass Tea Sellers In Floating Market Inside Dal Lake

The Jammu & Kashmir and Ladakh High Court has directed the authorities to refrain from harassing tea sellers operating in the floating market inside Dal Lake, provided they have the necessary licenses. The order, passed by Chief Justice N. Kotiswar Singh and Justice Wasim Sadiq Nargal, emphasised that no impediment should be created for those running a legitimate business."We see no...

Magistrate Not Required To Notify Injured Party Or Deceased's Relative Before Considering Closure Report Unless FIR Filed by Them: J&K High Court

The Jammu and Kashmir and Ladakh High Court has clarified that magistrates are not obligated to notify injured parties or relatives of the deceased when considering police closure reports.In a judgment passed by Justice Sanjeev Kumar, the court stated that there is no obligation on the magistrate to issue notice to the injured or a relative of the deceased for providing such person an...