[O.22 R.10 CPC] New Trustee Not Legal Representative But Successor in Interest: J&K High Court Clarifies

The Jammu & Kashmir and Ladakh High Court has declared that on the death of a trustee, a newly elected or appointed trustee cannot be considered a legal representative of the deceased trustee. Instead, the interest of the Trust property devolves upon the new trustee, thereby making the provisions of Order 22 Rule 10 Civil Procedure Code (CPC) applicable.Order 22 Rule 10 CPC prescribes...

Recovery Of Excess Payments Made To Employee Due To Wrong Interpretation Of Rules Not Permissible Post Retirement: Jammu & Kashmir High Court

A single judge bench of the High Court of Jammu & Kashmir and Ladakh comprising of Justice Wasim Sadiq Nargal, while deciding Writ Petition in the case of Mst. Raja & Ors vs. State of Jammu & Kashmir & Ors, held that after an employee retires, it is not permissible to recover excess payments made to them due to a mistaken interpretation of rules. Background...

'Suppressing Material Facts Is Just Jugglery Not Advocacy': J&K High Court Cancels Reinstatement Order Of Ex-Constable For Hiding Crucial Facts From Court

Underlining the criticality of transparency in legal proceedings the Jammu and Kashmir and Ladakh High Court has dismissed a plea by a former constable who sought reinstatement in the police force.The court, in a judgment passed by Justice Tashi Rabstan and Justice M.A. Choudhary, observed, "Suppression of concealment of material facts is not advocacy. It is a jugglery, manipulation,...

Central Govt Notifies Appointment Of Justice Rajesh Sekhri As Additional Judge Of J&K High Court For Fresh Term

The Central Govt has notified the appointment of Justice Rajesh Sekhri as an Additional Judge of the High Court of Jammu and Kashmir and Ladakh for a fresh term of one year.A post to this effect was made by Law Minister Arjun Singh Meghwal on X (previously twitter) Earlier on 23 April 2024, the Collegium of the High Court of Jammu & Kashmir and Ladakh had made a recommendation for...

J&K High Court Seeks Report On Flood Prevention Measures Amidst Impending Monsoon, Emphasises On Preventing Recurrence Of 'Devastating' 2014 Floods

The High Court of Jammu & Kashmir and Ladakh has directed the administration to file detailed affidavits and compliance reports on the preventive measures to tackle potential floods in the Kashmir Valley, especially with the looming monsoon season.Furthermore, the court sought the most recent compliance report from the authorities in accordance with an order dated June 10, 2016, which...

J&K High Court Imposes ₹1 Lakh Cost On "Habitual" Litigant For Demeaning Language Against Daughter-in-Law

The Jammu and Kashmir and Ladakh High Court has come down heavily on a father who filed a petition challenging the maintenance proceedings initiated by his daughter-in-law. Justice Sanjeev Kumar dismissed the petition with an exemplary cost of ₹1 Lakh to be deposited in the Litigants' Welfare Fund, calling the language used in the petition "demeaning of a woman and totally unacceptable in...

When Statute Provides For Detention Under Specific Contingency, Detention Under Different Contingency Cannot Be Made Unless Conditions Overlap: J&K High Court

The Jammu and Kashmir and Ladakh High Court recently ruled that once a statute provides for the detention of a person under a specific contingency, he cannot be detained under a different contingency outlined by the statute unless both conditions overlap or coexist.In quashing a preventive detention order against an alleged habitual liquor smuggler under Section 8 (1) (a) of Jammu and...

Prosecutrix's Testimony Concerning Factum Of Occurrence & Persons Involved Ought To Be Scrutinized Before Basing Conviction On It: J&K High Court

Highlighting the importance of a consistent and credible narrative from the prosecutrix in rape cases the Jammu and Kashmir and Ladakh High Court has recently ruled that courts must undertake a rigorous scrutiny of a prosecutrix's testimony before reliance can be placed on it.A bench of Justice Sanjay Dhar added, “.. the Court should satisfy itself that there is no doubt as to the factum...

Govt Has Exclusive Privilege Over Sale & Manufacture Of Liquor, It Must Be Afforded Greater Latitude & Fair Play In The Joints: J&K High Court

The Jammu and Kashmir and Ladakh High Court has ruled that given the exclusive privilege of the Government in the sale/manufacture of liquor, the Court, being a constitutional body, should be slow in interfering with executive decisions taken by the State as they are essentially a matter of economic policy.Dismissing a series of writ petitions challenging the cancellation of liquor auction...

Interest For Prereference Period And Pendente Lite Interest Can't Be Claimed Under Arbitration Act, 1940: Jammu & Kashmir High Court

The Jammu & Kashmir High Court bench of Justice Sanjay Dhar held that interest for the prereference period as well as the pendente lite interest cannot be claimed under the Arbitration Act, 1940. The bench held that when pre-suit interest, pendente lite interest and future interest has to be awarded on the principal sum adjudged, the interest can be awarded only on the principal...

Death Of Govt Employee Doesn't Guarantee Compassionate Appointment For Family, Financial Hardship Must Be Proven: J&K High Court

The Jammu and Kashmir and Ladakh High Court has ruled that the death of an employee while in service doesn't automatically entitle their family to a compassionate appointment. The Court emphasized that the financial condition of the family must be examined, and jobs should only be offered if the family cannot meet the crisis without it, provided there is a relevant scheme or rule.Justice...

J&K High Court Asks Municipal Corp To Identify Those Who Converted Residential Properties to Commercial Properties In Violation Of Master Plan

The Jammu and Kashmir and Ladakh High Court has directed the Jammu Municipal Corporation (JMC) to submit a list of violators within two weeks who have changed land use from residential to commercial in violation of existing rules, bye-laws, and the Jammu Master Plan. The court also sought details of the action taken against such violators.A bench of Justice Wasim Sadiq Nargal passed...