Easy Access To Justice A Facet Of Right To Life: J&K High Court Allows SARFAESI Actions To Be Challenged Under Article 226 Till Local DRTs Are Established

The Jammu and Kashmir High Court, has ruled that the absence of Debt Recovery Tribunals (DRTs) within the Union Territories (UTs) of Jammu and Kashmir and Ladakh violates the fundamental right to easy access to justice enshrined in Article 21 of the Constitution.In their earnest bid to advance hassle-free access to substantial justice Chief Justice N. Kotiswar Singh & Justice Wasim...

Scrutiny In Proceedings Must Be Avoided To Insulate & Protect Juvenile: J&K High Court Slams Disclosure Of Identity Of Juveniles In Conflict With Law

The Jammu and Kashmir and Ladakh High Court has come down heavily on courts operating in the Union Territories for routinely disclosing the identities of juveniles in conflict with law in their orders.While granting bail to a 17-year-old boy accused of attempted murder in Samba district Justice Sanjeev Kumar observed,“Courts working in the Union Territory of Jammu and Kashmir and the...

Jammu & Kashmir And Ladakh High Court Weekly Roundup: April 1 - April 7, 2024

Nominal Index [Citations 70 - 80]:UT Of J&K Vs Shabir Ahmad Dar 2024 LiveLaw (JKL) 70National Insurance Co. Vs Rakesh Kumar Sharma 2024 LiveLaw (JKL) 71LYCEUM PUBLIC SCHOOL Vs UT OF J&K 2024 LiveLaw (JKL) 72Principal Commissioner of Income Tax Versus Dr. Karan Singh 2024 LiveLaw (JKL) 73Abdul Qayoom Ganaie Vs UT of J&K 2024 LiveLaw (JKL) 74Ghar Singh vs University of Jammu &...

[O.14 R.5 CPC] Allowing Court To Amend, Add Or Delete Issues Intended To Conclusively Determine Controversial Points Between Parties: J&K High Court

In a judgment passed by Justice Javed Iqbal Wani, the Jammu and Kashmir and Ladakh High Court has shed light on framing issues under Order 14 Rule 5 of the Code of Civil Procedure (CPC).The court has clarified that the said provision is an enabling one intended to effectually and conclusively determine the controversial points between the parties and the power under this provision is...

District Magistrate Who Is Empowered To Issue Detention Order Can Also Revoke It Before Govt Approval: J&K High Court

The Jammu and Kashmir and Ladakh High Court has ruled that a District Magistrate has the authority to revoke a detention order passed under the Jammu and Kashmir Public Safety Act (PSA) until it is approved by the government.In a Judgment passed by Justice Sanjay Dhar the court observed,“..An authority which is vested with jurisdiction to make an order is empowered to add to, amend, vary...

[O.38 R.5 CPC] Plaintiff Can't Use Provision As Tool For Coercion Or Easy Execution Of Decrees: J&K High Court

The Jammu and Kashmir and Ladakh High Court has recently cautioned against using Order 38 Rule 5 of the Civil Procedure Code (CPC) as a tool to coerce defendants or convert unsecured debts into secured ones.In a judgment passed by Justice Javed Iqbal Wani, the court emphasized that this provision is an extraordinary remedy that should be exercised sparingly and strictly in accordance with...

Right To Sue For Malicious Prosecution Is Personal Injury, Cannot Be Enforced By Person's Legal Heirs: J&K High Court

The Jammu and Kashmir and Ladakh High Court has ruled that the right to sue for damages for malicious prosecution is a personal injury and cannot be enforced by a person's legal heirs against the representatives of the one who initiated the malicious prosecution.A bench of Justice Sanjay Dhar clarified that the cause of action for damages for malicious prosecution is a right to sue or...

Inquiry Not A Choice, Authorities Must Record Reasons For Skipping It Before Dismissing Employees: J&K High Court

The Jammu and Kashmir and Ladakh High Court has ruled that authorities cannot dismiss a government employee without recording valid reasons for bypassing a departmental inquiry.In allowing an appeal from a cop against his orders of termination without due process Justices Rajnesh Oswal & Moksha Khajuria Kazmi observed,“..the competent authority can dispense with the inquiry but...

"Reasons Are Heartbeat Of Every Conclusion": J&K High Court Quashes Order Lacking Reasons For Condonement Of Delay

The Jammu and Kashmir and Ladakh High Court has reiterated the fundamental principle that reasons form the bedrock of sound judicial decisions.A bench of Justice Javed Iqbal Wani emphasised that reasons are the heartbeat of every conclusion and struck down an order that failed to explain the rationale behind condoning a significant delay in an appeal.The case involved a land dispute in...

Casual Labourers Have Intermittent And Sporadic Employment Whereas Daily Wagers Render Continuous Service: Jammu & Kashmir High Court

A single judge bench of the Jammu & Kashmir High Court comprising of Justice Sanjeev Kumar while deciding a Civil Writ Petition in the case of Ghar Singh vs University of Jammu & Ors has held that a Casual Labourer is labour whose employment is intermittent and sporadic, where as a Daily Wager renders continuous service and is paid on a daily basis.Background FactsGhar Singh...

[Occupation Of Govt Accommodations] J&K High Court Directs Admin To Individually Hear Overstayers Before Initiating Action

Prioritising due process regarding government accommodation allotments the Jammu and Kashmir and Ladakh High Court has instructed authorities to hear individuals overstaying in government accommodations before taking any action against them.A division bench of Chief Justice N. Kotiswar Singh and Justice M.A. Chowdhary made these observations while hearing a Public Interest Litigation (PIL)...

Not Detenue's Burden To Correct Typographical Error In FIR: J&K High Court Quashes Detention Order Due to Lapses By Authorities

Highlighting the importance of due diligence by authorities, the Jammu and Kashmir and Ladakh High Court has quashed the detention order of a resident of Baramulla, Kashmir. A bench of Justice Rahul Bharti found several lapses by the authorities, including a critical mistake in the FIR reference, which rendered the detention order unsustainable.Petitioner Abdul Qayoom Ganaie, was detained...