[Preventive Detention] Courts Should Respect Subjective Satisfaction Of Detaining Authority To Release Accused On Bail If Backed By Cogent Material: J&K High Court

Clarifying the scope of judicial review in preventive detention cases the Jammu and Kashmir and Ladakh High Court has acknowledged that courts generally should respect the "subjective satisfaction" of the detaining authority and its apprehension that the person might get bail, however, this immunity is not absolute.The court stressed that this immunity applies only when the said...

Jammu & Kashmir And Ladakh High Court Weekly RoundUp: April 22 - April 28, 2024

Nominal Index:Veena Gurtoo vs Rajesh Kumar Gupta 2024 LiveLaw (JKL) 89Nazir Ahmad Pandit and Ors Vs Union Of India 2024 LiveLaw (JKL) 90Vinod Kumar Vs Jammu Municipal Corporation and another 2024 LiveLaw (JKL) 91Sumanta Dutta Vs Union of India 2024 LiveLaw (JKL) 92Shafket Ali and ors Vs UT of J&K 2024 LiveLaw (JKL) 93Ali Mohammad Mir and Ors Vs State Of J&K 2024 LiveLaw (JKL)...

[PITNDPS Act] Multiple Cases Registered For Repeatedly Trafficking Small Quantities Of Illegal Contraband Justifies Detention: J&K High Court

Shedding light on the interpretation of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (PITNDPS Act), the Jammu and Kashmir and Ladakh High Court has ruled that registering multiple cases for possessing and trafficking small quantities of drugs can be sufficient grounds for preventive detention.In dismissing a habeas corpus plea of an alleged...

J&K High Court Quashes Detention Order Against Alleged Jamat-E-Islami Member, Orders ₹5 Lakh Compensation For Violating Right To Personal Liberty

The Jammu and Kashmir High Court has recently quashed a preventive detention order, the fourth in a row, slapped on Advocate Ali Mohammad Lone, allegedly a member of the banned Jamaat-e-Islami.In a scathing judgment penned by Justice Rahul Bharti, the court found "nothing in the name of reasonableness and rationality" in the detention order and imposed a compensation of ₹5 lakh on...

J&K High Court Closes Plea On Allegations Of Religious Interference & Maladministration At Machail Mata Shrine

The Jammu and Kashmir High Court has brought closure to a case concerning alleged religious interference and financial irregularities at Machail Mata Shrine.Taking note of the statement of the petitioners that they were satisfied with respect to the steps being taken by respondents on the issue and the same being in the interest of public at large a bench of Justice Wasim Sadiq Nargal...

J&K High Court Distinguishes Between Plaintiff & Defendant's Death During Pendency Of Suit, Says Injunction Right Survives Plaintiff's Death

The Jammu and Kashmir and Ladakh High Court has made a crucial distinction between the death of a plaintiff and a defendant in an injunction suit and clarified that the right to injunction survives the death of the plaintiff and can be enforced by their legal heirs.However, in the case of the defendant, the injunction is operative solely against the defendant and upon his death, the question...

J&K Agrarian Reforms Act | Land Ownership Entry In Khasra Girdawari Can't Be Unilaterally Changed Or Altered Without Hearing: High Court

The Jammu and Kashmir and Ladakh High Court has ruled that land ownership entries in the Khasra Girdawari record cannot be changed without providing a proper hearing to the person named in the record.Citing Rule 4 of the J&K Agrarian Reforms Rules, 1976 a bench of Justice Sanjeev Kumar explained that disputes relating to Girdawari entries raised in the course of attestation of mutations...

Stalling Whole Recruitment Process Antithetical To Public Interest: J&K High Court Lifts Freeze On Recruitment To 1395 Posts Of Panchayat Secretary

Prioritising public interest over the petitioner's claims based on a draft proposal yet to be approved the Jammu and Kashmir and Ladakh High Court on Thursday vacated the status quo order that stalled the recruitment process for 1395 Panchayat Secretary posts.Directing official respondents to finalize the selection process expeditiously Justice Wasim Sadiq Nargal observed,“…This Court is...

BSF Act | Offence under S. 354 RPC Excluded From Purview Of “Civil Offence”, Cannot Be Tried By Summary Security Force Court

Nullifying the dismissal of a Border Security Force (BSF) constable, the Jammu and Kashmir and Ladakh High Court has ruled that an offence under Section 354 RPC cannot be tried by a Summary Security Force Court owing to the fact that the said offence is excluded from the purview of the meaning of Section 46 of “civil offence” under the Scheme of BSF Act.Citing section 47 of the Act...

Jammu & Kashmir And Ladakh High Court Quarterly Digest: January - March 2024

Nominal Index:Sahil Gupta Vs UT of J&K 2024 LiveLaw (JKL) 1Abdul Rahim Ganai V/s State of JK and others (SRTC) 2024 LiveLaw (JKL) 2Waqas Riyaz Khan Vs UT of J&K 2024 LiveLaw (JKL) 3MOHAMMAD BIN SHORA Vs. UNION OF INDIA AND ANOTHER 2024 LiveLaw (JK) 4Pritam Chand alias Pritam Singh Vs Dr. Kamal Saini 2024 LiveLaw (JKL) 5Haja @ Hajira Bano Vs Gh. Mohammad Ahangar 2024 LiveLaw (JKL)...

Supreme Court Collegium Recommends Justice Wasim Sadiq Nargal For Fresh Term As Additional Judge Of Jammu & Kashmir and Ladakh High Court

The Supreme Court of India has recommended Justice Wasim Sadiq Nargal for a fresh term as Additional Judge of the High Court of Jammu & Kashmir and Ladakh.“The Collegium resolves to recommend that Mr Justice Wasim Sadiq Nargal, Additional Judge, 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 3...

Delinquent Employees Entitled To Copy Of Enquiry Report Even In Cases Where Rules Governing Disciplinary Proceedings Are Silent: J&K High Court

Reaffirming the rights of government employees facing disciplinary actions the Jammu and Kashmir and Ladakh High Court has ruled that delinquent employees are entitled to a copy of the enquiry report, even in cases where rules governing disciplinary proceedings do not expressly provide for the same.Referencing Union of India and others v Mohd Ramzan Khan 1991 whereby the Supreme Court held...