J&K High Court Closes Plea Against Alleged Pollution Caused By Kishan Ganga Hydroelectric Project Due To No Evidence Indicating Breach Of Environmental Safeguards

The Jammu and Kashmir High Court has closed a Public Interest Litigation (PIL) that alleged environmental pollution caused by the construction of the Kishan Ganga Hydroelectric Project (KGHP).In an order passed by Chief Justice N. Kotiswar Singh and Justice Moksha Khajuria Kazmi the court said,“..in the absence of any specific denial or material indicating a breach of environmental...

No Provisions Can Limit Or Effect Court's Inherent Powers U/S 151 CPC To Do Complete Justice: J&K High Court

Reaffirming the mandate of Section 151 of the Civil Procedure Code (CPC), the Jammu and Kashmir and Ladakh High Court has emphasised that courts possess the authority, even under this provision, to exercise the powers delineated in Section 144.A bench of Justice Javed Iqbal Wani explained,“No provision of the court should be taken or deemed to limit or otherwise effect these inherent...

Jammu and Kashmir and Ladakh High Court Weekly Round-Up April 15 - April 21, 2024

Nominal Index:Ashwani Kumar Vs Union of India 2024 LiveLaw (JKL) 85Maruti Suzuki India Ltd. Vs Ramesh Chander Sharma and anr 2024 LiveLaw (JKL) 86Kamal Nain Singh Vs State Of J&K 2024 LiveLaw (JKL) 87Building Operation Controlling Authority Vs S. Gurmeet Singh 2024 LiveLaw (JKL) 88Judgments/Orders:Court Can Examine Whether Enquiry Officer Has Taken Into Account Relevant Material: J&K...

S.15 BOCA Act | Orders Passed By Authority Are Final, Can't Be Questioned In Any Suit, Application Or Execution Proceedings: J&K High Court

Dismissing a petition challenging an order passed by the J&K Special Tribunal, Jammu, the Jammu and Kashmir and Ladakh High Court has emphasised the Tribunal's final authority in matters under the Control of Building Operations Act, 1988 and the limited scope of the High Court's writ jurisdiction in disputes involving questions of fact.Declining interference with the orders of...

J&K High Court Directs Govt To Issue NOC For Canoeist Bilquis Mir's Participation In Asian Canoe Sprint Olympic Qualifiers

The Jammu and Kashmir and Ladakh High Court has directed the government to grant a No Objection Certificate (NOC) to renowned Canoeist Bilquis Mir.The directions to this effect were passed by Justice Sindhu Sharma in response to Bilquis Mir's plea seeking permission to travel to Japan and participate as the Chief Line Judge in the Asian Canoe Sprint Olympic Qualifier.Mir, an...

Magistrate Using Expression "To Ascertain Truth Or Falsehood Of Complaint" Indicates Intent To Proceed Under Chapter XVI Of CrPC: J&K High Court

The Jammu and Kashmir and Ladakh High Court has clarified that the use of the expression "to ascertain the truth or falsehood of the complaint in terms of Section 202 of the Code" in a Magistrate's order indicates the intent to proceed under Chapter XVI of the Code of Criminal Procedure (CrPC), which deals with inquiries and investigations into complaints.Justice Sanjay Dhar further...

Manufacturing Defect From Day One Entitles Customer To New Car, Not Repairs: Jammu & Kashmir High Court

The Jammu and Kashmir and Ladakh High Court has ruled that a customer is entitled to replacement of vehicle if the car suffers from a manufacturing defect from the very beginning.Highlighting the distinction between repair for wear-and-tear issues and replacements for inherent manufacturing flaws Justices Sanjeev Kumar and Puneet Gupta observed,“Repairs may be called for if the...

Court Can Examine Whether Enquiry Officer Has Taken Into Account Relevant Material: J&K High Court Overturns Dismissal Order Due To 'Perverse' Enquiry Findings

The Jammu and Kashmir and Ladakh High Court has quashed the dismissal order of a Sashastra Seema Bal (SSB) trooper citing perversity in the enquiry findings.Justice Sanjay Dhar, in his judgment held that the Enquiry Officer had failed to consider crucial evidence submitted by the petitioner regarding his illness.The court clarified that while the scope of judicial review in the case...

Jammu and Kashmir and Ladakh High Court Weekly Round-Up April 8 - April 15, 2024

Nominal Index:Bashir Ahmed Naik Vs UT of J&K 2024 LiveLaw (JKL) 80Hans Raj Vs Dilbagh 2024 LiveLaw (JKL) 81“X” Juvenile Vs UT Of J&K 2024 LiveLaw (JKL) 82M/S Hotel Alpine Ridge Vs Union Of India and Other Connected Petitions 2024 LiveLaw (JKL) 83Vineeta Jamwal Vs Col (Retd.) Vijay Singh 2024 LiveLaw (JKL) 84Judgments/Orders:District Magistrate Who Is Empowered To Issue Detention...

State Can't Be Oblivious, Ungrateful Towards Those Who Lay Down Lives To Protect Nation: J&K High Court Orders ₹5 Lakh Compensation For Family Of BSF Constable

Recognizing the sacrifices of security personnel who lay down their lives while performing their duties in service of the nation the Jammu and Kashmir and Ladakh High Court has directed the state government to pay Rs. 5 lakh compensation to the family of a BSF constable who disappeared during the Kashmir Valley unrest 32 years ago.In allowing a plea for compensation moved by the family of...

India Governed By Rule Of Law, Citizens Can't Be Picked Up & Interrogated To Carve Out Grounds For Preventive Detention Without Any Criminal Case: J&K High Court

The Jammu and Kashmir High Court has quashed the preventive detention order slapped by Shopian District Magistrate on a 26-year-old man, Jaffar Ahmad Parray, observing that in a democratic country like India, Police and Magistracy cannot be expected to pick up and interrogate citizens and carve out grounds of preventive detention without registering a criminal case against them.In issuing a...

[S.151 CPC] Inherent Power Of Court To Do Justice Not Affected By Its Power To Recall Witnesses, Elicit Clarifications: J&K High Court

Reiterating the importance of the inherent power of the court under Section 151 of the Civil Procedure Code (CPC) to ensure a fair trial the Jammu and Kashmir and Ladakh High Court has held that the inherent power of the court is not affected by the express power conferred upon the court under Order 18 Rule 17 of the Code to recall any witness and elicit clarifications.Citing “Ram Rati...