Not Mentioning Grant Of Bail In Detention Order Is Serious Lapse, Gives Rise To Inference Of Non-Application Of Mind: J&K High Court

Quashing a detention order the Jammu and Kashmir and Ladakh High Court has recently highlighted that the non-mention of the petitioner's bail status indicates a clear non-application of mind, rendering the detention order unsustainable in the eyes of law.“While detaining a person under Public Safety Act, detaining authority is under a legal obligation to analyze all the circumstances...

Civil Courts Must Notify Custodian Evacuees Property When Dealing With Evacuee Land Disputes: J&K High Court Clarifies

Clarifying the legal procedure for disputes concerning evacuee property the Jammu and Kashmir and Ladakh High Court has recently ruled that civil courts must notify the Custodian Evacuees Property when taking cognizance of a civil suit regarding evacuee property.Shedding light on the legislative intendment behind this prerequisite Justice Rahul Bharti cited Section 35 of the Jammu &...

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...