High Court of J & K and Ladakh
[S.438 CrPC] Approaching Sessions Court First For Anticipatory Bail Serves Both Ends & Administration Of Justice: J&K High Court
The Jammu and Kashmir and Ladakh High Court has reiterated that it is advisable for individuals seeking anticipatory bail to first approach their local Sessions Court under Section 438 of the Criminal Procedure Code (CrPC).This principle ensures both justice and efficient administration of justice, a bench of Justice Rajesh Sekhri emphasised.However the bench clarified,“There may be...
CPC | Power Of Court To Preserve Existing Condition Of Property Distinct From Power To Ascertain, Collect Or Elucidate Facts In Dispute: J&K HC
Making a crucial distinction between two key provisions of the Civil Procedure Code (CPC) - Order 39 Rule (7) and Order 26 Rule (9) the Jammu and Kashmir and Ladakh High Court has highlighted that Order 39 Rule (7) primarily aims to record the existing condition of property to monitor changes or interference by parties, while Order 26 Rule (9) focuses on elucidating facts relevant to the...
S. 57 J&K Housing Board Act | Provision Of Prior Notice Never To Non-Suit Litigant, But To Allow For Settlement & Avoid Unnecessary Litigation: High Court
The Jammu and Kashmir and Ladakh High Court has ruled that the purpose of a notice provision in the J&K Housing Board Act is not to dismiss lawsuits on technical grounds.Expounding on the mandate of Section 57 of the Housing Board Act which provides for notice Justice Sanjay Dhar observed, “The purpose of giving prior notice for filing of the suit under Section 57 of the Act can never be...
ID Act | Nexus Between Services Of Employee & Services Of Institute Essential To Bring Organization Within Scope “Industry”: J&K High Court
Shedding light on the definition of 'industry' under the Industrial Disputes Act, 1947 (ID Act) the Jammu and Kashmir and Ladakh High Court has observed that the essential criterion for an organisation to be considered an 'industry' is the nexus between the services provided by an employee and those rendered by the institute.Explaining the contours of the term “Industry” used in the...
Dossier Seeking Preventive Detention By 'Name-Calling' Without Supporting Facts Leads To Fragile Detention Order Which Can Be Quashed: J&K High Court
Quashing a detention order under the Jammu and Kashmir Public Safety Act, 1978 the Jammu and Kashmir and Ladakh High Court on Wednesday observed that a preventive detention order based on mere hunches and speculations from law enforcement authorities cannot be justified. A bench of Justice Rahul Bharti emphasized,“A dossier by the sponsoring authority for seeking preventive detention of...
O.47 R.27 CPC | While Court Can't Usually Record Additional Evidence At Appellate Stage, Ceratin Exceptions Are Carved Out For Doing So: J&K High Court
The Jammu and Kashmir & Ladakh High Court has said that ordinarily the parties to an appeal shall not be entitled to produce additional evidence, whether oral or documentary, in the appellate court.However clarifying the circumstances under which an appellate court can allow parties to introduce new evidence during an appeal Justice Javed Iqbal Wani observed,“Normally an appellate...
SC Collegium Recommends Judicial Officer As Additional Judge of J&K High Court
The Supreme Court Collegium has recommended the elevation of Judicial Officer Mohammad Yousuf Wani as an Additional Judge of the High Court of Jammu and Kashmir and Ladakh.A resolution passed by collegium comprising Chief Justice Dhananjaya Y Chandrachud along with Justices Sanjiv Khanna and B R Gavai reads,“Having regard to the material on record and all relevant factors, the Collegium is...
Jammu & Kashmir And Ladakh High Court Weekly Roundup: March 4 - March 10, 2024
Nominal Index:Neelam Sharma Vs Ashok Kumar 2024 LiveLaw (JKL) 31Principal Commissioner of Income Tax Versus Dr. Karan Singh 2024 LiveLaw (JKL) 32Choudhary Piara Singh Vs Kuldeep Singh 2024 LiveLaw (JKL) 33UT of J&K Vs Ram Rattan 2024 LiveLaw (JKL) 34Simranjeet Singh Vs Union Of India 2024 LiveLaw (JKL) 35Judgments/Orders: Co-Sharer of Property Cannot Be Restrained From Raising Construction...
Non-Disclosure of Selection Criteria In Advance Doesn't Automatically Disqualify Process, As Long Criteria Is Fair: J&K High Court
The Jammu and Kashmir and Ladakh High Court has ruled that the non-disclosure of selection criteria in advance does not automatically invalidate a selection process.The court, however, emphasized the importance of employers disclosing and notifying the selection criteria in advance. This proactive measure ensures that candidates participating in the selection process are fully aware of...
Jammu & Kashmir And Ladakh High Court Monthly Digest: February 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)...
Review Of Judgements Is An Exception To General Rule, Parties Can't Be Permitted To Seek Re-Hearing Under Garb Of Review: J&K High Court
Dismissing a review petition filed by contractors who challenged an earlier order directing them to pay an additional sum for work they had undertaken the Jammu and Kashmir and Ladakh High Court has reiterated that a court's power to review its judgments is not meant to serve as an appeal in disguise.Clarifying the limitations of the court after the pronouncement of a judgment and its powers...
[Cheque Dishonour] Prioritize Compensation In Sentencing U/S 138: J&K High Court Reiterates Compensatory Aspect Of Negotiable Instruments Act
The Jammu and Kashmir and Ladakh High Court has ruled that criminal courts must prioritize compensating the complainant when imposing a fine on an accused convicted under Section 138 of the Negotiable Instruments Act (NI Act) for dishonoring cheques.A bench comprising Justice M A Chowdhary stressed that for the compensatory aspect to be duly considered, the sentence imposed should align with...