[S.138 NI Act] Personal Liability In Cheque Bounce Cases Limited To Drawer, No Liability Can Be Fastened Against Company For Cheque Not Issued By It: J&K High Court

Quashing a complaint against a company director accused of dishonoring a cheque, the Jammu and Kashmir and Ladakh High Court has observed that only the drawer of the cheque can be held liable under Section 138 of the Negotiable Instruments Act (NI Act).Citing Alka Khandu Avhad v. Amar Syamprasad Mishra &Anr”, (2021) 4 SCC 675, a bench of Justice Rajesh Oswal reiterated, “Section 138...

BSF Act 1968 | Commandant Can Dismiss BSF Personnel Without Security Force Court Trial Provided Procedures Outlined In BSF Rules Are Followed: J&K High Court

The High Court of Jammu & Kashmir and Ladakh has ruled that a Commandant's power to dismiss a member of the Border Security Force (BSF) is independent and does not require prior conviction by a Security Force Court, provided that the procedures outlined in Rule 22 of the BSF Rules, 1969, are followed.Clarifying the competence of the commandant in issuing dismissal order Justice Sanjay...

Unblemished Record Necessary For Promotion, Employee Facing Criminal Charges Not Entitled To Promotion During Pendency: J&K High Court

The Jammu and Kashmir and Ladakh High Court has ruled that a government employee facing criminal charges cannot claim promotion while the proceedings are pending. Justice Vinod Chatterji Koul observed that for promotion, an employee must at least have an unblemished record to ensure a clean and efficient administration.The court further said that that an employee found guilty of misconduct...

Jammu And Kashmir And Ladakh High Court Monthly Digest May 2024

Nominal Index:Jahangir Ahmad Wani Vs UT Of J&K 2024 LiveLaw (JKL) 98Fayaz Ahmed Kaloo Vs Tej Krishan Ganjoo 2024 LiveLaw (JKL) 99Ghulam Mohammad Bhat Alias Gull Bhat Vs UT of J&K 2024 LiveLaw (JKL) 100Abdul Hamid Khandey Vs United India Insurance Company Limited and others 2024 LiveLaw (JKL) 101Rupen Patel Vs Union Of India 2024 LiveLaw (JKL) 102GHULAM QADIR MIR & OTHERS Vs UT...

Not Every Disruption Of Public Order Is Threat To Security Of State, Only Grave Disruptions Are Prejudicial To State's Security: J&K High Court

Observing that every act prejudicial to state security necessarily disrupts public order, the Jammu and Kashmir and Ladakh High Court clarified that only acts causing grave disruption to public order qualify as threats to state security.Drawing a significant distinction between acts prejudicial to public order and those affecting the security of the state a bench of Justice Sanjay Dhar...

Jammu and Kashmir and Ladakh High Court Weekly Roundup May 27 - June 2, 2024

Nominal Index:Bhajan Singh Vs State Of J&K 2024 LiveLaw (JKL) 129ABDUL QADIR BHAT AND ANOTHER Vs M/S SHRI RAM TRANSPORT FINANCE Co.Ltd 2024 LiveLaw (JKL) 130Abdul Rashid Zargar Vs Union Territory of J&K & Ors 2024 LiveLaw (JKL) 131WASEEM AHAD AND OTHERS Vs UT Of J&K 2024 LiveLaw (JKL) 132Mohammad Rafiq Rather Vs Sara Banoo 2024 LiveLaw (JKL) 133WASEEM AKRAM & ANR Vs UT...

“Voluntarily Participated In Selection Process”: J&K High Court Dismisses Plea Of Candidate Seeking Appointment Due To Lesser Applicants Than Advertised Posts

Dismissing an appeal by a candidate who sought a direct appointment to the post of despite fewer applicants than advertised posts the Jammu and Kashmir and Ladakh High Court has observed that since she gladly and voluntarily participated in the selection process, hence estopped from challenging the selection procedure.“.. petitioner wants to be selected/ appointed notwithstanding the...

Phase III Of E-Courts Project Will Profoundly Transform Indian Judicial System: J&K High Court Chief Justice

The Chief Justice of Jammu and Kashmir and Ladakh High Court Justice N. Kotiswar Singh on Friday emphasised that Phase III of the E-Courts is going to bring a dramatic change in the overall Indian Judicial Scenario in the coming days.He further expressed happiness that the fear developed due to the intervention of technology was overcome and the Justice delivery system has become not...

“Cannot Be Left Entirely To NGOs”: J&K High Court Orders Authorities To Implement Stray Dog Control Measures

Addressing the multifaceted issue of stray dogs the Jammu and Kashmir and Ladakh High Court has emphasised that NGOs cannot solely manage this matter and has directed the administration of the UT administration of J&K to submit a comprehensive report on how effectively the decisions made by the State Level Implementation and Monitoring Committee can be implemented.“The issue relating...

Prosecution Makes “Copy Paste” Arguments About National Security In UAPA Cases To Psychologically Influence Court: Jammu & Kashmir High Court

Justice Atul Sreedharan of the Jammu and Kashmir High Court recently cautioned against being unduly influenced by forceful submissions regarding internal security in the absence of judicially cognizable material against the accused. Citing Voltaire, he said that internal security arguments could become the oppressor's eternal cry if not backed by substantial evidence, leading to the denial...

Claimant Must Prove Subsisting Pre-Emption Right Until Passing Of Decree, In Any Other Cases Such Right Cannot Be Said To Subsist: J&K High Court

Dismissing an appeal filed by a co-owner of land seeking pre-emption rights over the sale of the property by another co-owner the Jammu and Kashmir and Ladakh High Court has observed that a claimant must possess a subsisting pre-emption right not only at the time of sale but also at the time of filing the suit and the passing of the decree by the trial court.A bench of Justice Vinod...

O.8 R.1 CPC | Right Accruing In Favor Of Plaintiff Due To Non-Filing Of Written Statement Within Stipulated Time Can Be Waived: J&K High Court

The Jammu and Kashmir and Ladakh High Court has recently ruled that a plaintiff can waive the right to take advantage of a defendant's failure to file a written statement within the stipulated time.Emphasising that the right arises from a mandatory statutory provision under Order 8 Rule 1 of the Civil Procedure Code (CPC) a bench of Justice Sanjay Dhar clarified that this right is not...