Courts Can Scrutinise Grounds Of Detention To Ascertain Prima Facie Connection Between Grounds & Purpose Of Detention Order: J&K High Court

Asserting that Courts are not barred from examining the grounds of detention, the Jammu and Kashmir and Ladakh High Court has recently ruled that the Court has the authority to examine the grounds for detention and ensure a prima facie connection between the grounds and the purpose of the detention order.While acknowledging that subjective satisfaction recorded by the detaining authority...

J&K Land Revenue Act | Special Remedy U/S 121 Doesn't Extinguish Financial Commissioner's Power To Correct Mutation Errors Under Section 15: High Court

Affirming the broad revisional powers of the Financial Commissioner under Section 15 of the J&K Land Revenue Act 1996 the Jammu and Kashmir and Ladakh High Court has clarified that the existence of a special remedy under Section 121 does not exclude the general revisional powers under Section 15. A bench of Justice Javed Iqbal Wani further expounded,“Power of the Financial...

Criminal Court Can Review Its Own Order At Notice Stage Under Domestic Violence Act: J&K High Court

The High Court of Jammu and Kashmir and Ladakh has clarified that the bar on a criminal court to review its own order does not apply at the stage when a notice is issued under Section 12 of the Protection of Women from Domestic Violence Act, 2005.Explaining that a petition under Section 12 of the D.V.Act cannot be equated with lodging of criminal complaint or initiation of criminal prosecution...

FIR Can Be Elaborated Upon By Informant But Cannot Be Used To Create Fresh Charges Against Accused: J&K High Court Grants Bail To In-Laws Accused Of Gang Rape

The Jammu and Kashmir and Ladakh High Court has granted bail to two men accused of gangrape, observing that the initial complaint in the First Information Report (FIR) can be elaborated upon by the informant, but this cannot be used to introduce new accusations or entirely new offenses against the accused.Spotlighting the distinction between elaboration and improvisation with respect to an FIR...

Every Erroneous Decision By Lower Court Not Amenable To Writ Of Certiorari, Only Patent Errors Can Be Corrected: J&K High Court

Underscoring the principle that every erroneous decision by a lower court cannot be challenged under Article 227 of the Constitution, the Jammu and Kashmir and Ladakh High Court has clarified that this provision is meant to rectify only glaring errors apparent on the face of the record, not mistakes in factual assessment or legal interpretation.Referring to Radhey Shyam & Anr. Vs. Chhabi...

“No Justification In Withholding Any Part Of Salary”: J&K High Court Directs Release Of Withheld Salaries For EDI Employees

Directing the release of withheld salaries of employees of the Jammu & Kashmir Entrepreneurship Development Institute (JKEDI) the Jammu and Kashmir and Ladakh High Court has recently ruled that allegations of irregularities in appointment or promotion cannot be a reason for withholding salaries of employees.In allowing their plea Justice Sanjay Dhar observed,“The respondents have...

Lessee Cannot Be Allowed To Accept Beneficial Terms & Conditions Of Lease While Avoiding Terms Which Are Against His Interests: J&K High Court

Ruling against the selective acceptance of lease conditions by lessees the Jammu and Kashmir and Ladakh High Court has ruled that a lessee cannot selectively accept only the favourable terms and conditions of a lease while rejecting the unfavorable ones.In dismissing an appeal challenging a decision by a Single Judge regarding the payment of premium for the transfer of leasehold rights...

First Court Holds Exclusive Jurisdiction Over Subsequent Arbitral Proceedings Under S.40 Of Arbitration & Conciliation Act: J&K High Court

Clarifying the scope of Section 42 of the Arbitration and Conciliation Act, 1996 the Jammu and Kashmir and Ladakh High Court has ruled that once an application concerning an arbitration agreement under Part I of the Act has been submitted before a court, that court exclusively possesses jurisdiction over all ensuing arbitral proceedings and related applications.A bench comprising Justice...

Absence Of Motive Becomes Less Significant When Prosecution Relies On Strong Eyewitness Account: J&K High Court

Underscoring the principle that the absence of a proven motive can be inconsequential if the eyewitness testimony is credible the Jammu and Kashmir and Ladakh High Court has clarified that the absence of motive becomes less significant when the prosecution relies on a strong eyewitness account.A bench of Justice Sanjay Dhar added that it however does not mean that proof of motive even in a...

Jammu and Kashmir and Ladakh High Court Weekly Roundup May 20 - May 26, 2024

Nominal Index:Ashok Kumar Vs State 2024 LiveLaw (JKL) 120Abdul Rashid & Ors Vs UT of J&K 2024 LiveLaw (JKL) 121Rafaqat Ali Vs UT of J&K 2024 LiveLaw (JKL) 122Abdul Basit Vs University of Kashmir 2024 LiveLaw (JKL) 123Farooq Ahmad Sheikh Vs Tariq Ahmad Malik 2024 LiveLaw (JKL) 124Manzoor Hussain Vs Syed Mohsin Abbas 2024 LiveLaw (JKL) 125Owais Naseer Sheikh Vs UT of J&K...

J&K High Court Directs Dept Action Against Commissioner Secretary For Barring Contractors Whose Relatives Were Involved In Anti-National Activities In Past

The Jammu and Kashmir and Ladakh High Court on Friday quashed a communication issued by the Commissioner/Secretary to Government, Department of Rural Development and Panchayati Raj, which barred contractors from participating in tenders if their relatives were involved in anti-national activities in the past.While directing departmental action against the then Commissioner/Secretary...

[S.126(1)(b) CrPC] Liberal Interpretation Of Term "Resides" Is Essential To Realise Its Legislative Objective: J&K High Court

Prioritizing the legal convenience of destitute wives, neglected children, and abandoned parents in legal proceedings for maintenance the Jammu and Kashmir and Ladakh High Court has emphasised a liberal interpretation of the term "resides" in Section 126 Clause (1) (b) of the Code of Criminal Procedure.A bench comprising Justice Mohammad Yousuf Wani has observed, “The Provisions of Sections...