High Court of J & K and Ladakh
Leasehold Interest In Land Is Asset Of Company, Capable Of Valuation: Jammu & Kashmir And Ladakh High Court
The Jammu & Kashmir and Ladakh High Court has held that leasehold interest in the land is an asset of the company and is capable of valuation. As such, it is to be included in the value of the assets of M/s. Jyoti Private Limited so as to determine the fair market value of shares held by the assessee as well as other shareholders.The bench of Justice Tashi Rabstan and Justice Puneet...
Co-Sharer of Property Cannot Be Restrained From Raising Construction On Exclusive Portion of Joint Property: J&K High Court
Upholding the exclusive construction rights of co-sharers in a joint property the Jammu and Kashmir and Ladakh High Court has recently ruled that a co-sharer of a property who is in exclusive possession of a specific portion of the joint holding cannot be prevented from constructing on that portion.Justice Javed Iqbal Wani observed, “A co-sharer of a property, who is in exclusive possession...
Jammu & Kashmir And Ladakh High Court Weekly Roundup: February 26 - March 3, 2024
Nominal Index:The Cooperative Market Society Limited Bishnah Vs Assistant Labour Commissioner 2024 LiveLaw (JKL) 25Kewal Krishan Vs Union Territory of J&K 2024 LiveLaw (JKL) 26Virender Kumar Chawla Vs Neha Chalwa 2024 LiveLaw (JKL) 27Pawan Kumar Sharma Vs UT of J&K 2024 LiveLaw (JKL) 28SHOWKAT AHMAD MIR Vs NIGHAT BEGUM 2024 LiveLaw (JKL) 29Arjun Balraj Mehta Vs UT of Ladakh 2024...
S.50 Wildlife Protection Act | Police Empowered to Tackle Wildlife Crimes, Investigation & Seizure Powers Granted: J&K High Court
Affirming the authority of police officers to investigate offenses under the Wildlife Protection Act, the Jammu and Kashmir, and Ladakh High Court has reiterated that a Police officer is sufficiently empowered to investigate the offenses committed under the Act and is hence equally competent to search and seize the offending articles in such matters.These observations arose from a petition...
[S.97 CrPC] Father's Custody of Minor Child No Ground To Issue Search Warrant Unless Confinement Proven Illegal: J&K High Court
Clarifying that a father's custody of his child cannot be considered illegal confinement under Section 97 of the Cr. P. C the Jammu and Kashmir and Ladakh High Court has observed that the father of minor children having their custody cannot be per se said to be an offence for which the said provision could be invoked.A bench comprising Justice Sanjay Dhar underscored, “Unless it is shown...
Court Must Curb Down On Parties Attempts To Take Different Stands Before Different Forums, Perjury Must Be Nipped In The Bud: J&K High Court
Dismissing a writ petition filed by a landowner claiming compensation for land acquired for highway expansion, the Jammu and Kashmir and Ladakh High Court has emphasized that legal forums must not devolve into battlegrounds for tactical maneuvers.Underscoring the Judiciary's duty to curb perjury and false statements a bench of Justice Vinod Chatterji Koul observed, “The Courts must...
[S.47 CPC] Power Of Executing Court Limited To Specific Questions On Execution, Discharge, Or Satisfaction Of Decree: J&K High Court
Highlighting the limitations on the powers of an executing Court under Section 47 of the Code of Civil Procedure (CPC), the Jammu and Kashmir and Ladakh High Court has said that the powers of executing courts are confined to resolving issues directly related to the execution, discharge, or satisfaction of decrees.A bench of Justice Javed Iqbal Wani has clarified,“The scope of Section 47 is...
Jammu & Kashmir And Ladakh High Court Issues Notice To Union In Cross-Border Shelling Compensation Case
The Jammu and Kashmir and Ladakh High Court has issued a notice in response to a writ petition filed a resident of Baramulla, challenging the exclusion of property damage compensation from the 'Central Scheme for Assistance to Civilian Victims/Family of Victims of Terrorist/Communal/Left Wing Extremism (LWE) Violence and Cross Border Firing and Mine/IED Blasts on Indian Territory, 2019'. In...
J&K HC Orders Fresh Probe In Decade-Old Corruption Case Due To Flawed Investigation, Says No Legal Provision Prohibited IO From Reviewing Material
Ordering a fresh investigation into a decade old corruption case due to a flawed initial probe by the investigating agency, the Jammu and Kashmir and Ladakh High Court has said it is extremely unreasonable on the part of the investigating agency to ignore examination of any evidence that is presented by the complainant to supported his accusations.A bench of Justice Wasim Sadiq...
Payment Of Gratuity Act | Statutory Remedy Of Appeal Against Award Can't Be Circumvented To Escape Pre-Deposit Requirement: J&K High Court
The Jammu and Kashmir and Ladakh High Court has ruled that the statutory remedy of appeal against an award passed by a Controlling Authority under the Payment of Gratuity Act, 1972, cannot be bypassed by approaching the High Court directly.A bench of Justice Sanjeev Kumar clarified that the remedy of appeal against awards passed by Controlling Authorities, as prescribed under Section 7(7) of...
Jammu & Kashmir And Ladakh High Court Weekly Round-Up: February 19 - February 25, 2024
Nominal Index:Mohammad Shafi Dar Vs Directorate of Enforcement and another 2024 LiveLaw (JKL) 21Mangal Singh Vs Balbir Singh 2024 LiveLaw (JKL) 22Dr. Mohammad Riyaz Latoo and another Vs SKIMS & Anr 2024 LiveLaw (JKL) 23Jaswant Singh Vs J&K State Road Transport Corporation 2024 LiveLaw (JKL) 24Judgments/Orders: Jammu & Kashmir High Court Grants Bail To State Cooperative...
Doctrine Of Estoppel Can Be Viewed As Substantive Rule Of Law Since It Helps Create Or Deny Rights Which Would Not Exist Without It: J&K High Court
Underscoring the significance of estoppel in safeguarding individual's rights against arbitrary actions by employers, the Jammu and Kashmir and Ladakh High Court has observed that in cases where statutory denial of rights does not occur, estoppel can validate claims and bar parties from denying previously affirmed facts.A bench of Justice MA Chowdhary observed,“Estoppel though a branch of...