Leasehold Interest In Land Is An Asset Of Company And Is Capable Of Valuation: Jammu & Kashmir High Court

The Jammu & Kashmir High Court has held that leasehold interest in the land is an asset of the company and is capable of valuation.The bench of Justice Tashi Rabstan and Justice Puneet Gupta has upheld the order of the Tribunal in which it was held that leasehold interest is to be included in the value of assets of M/s. Jyoti Private Limited so as to determine the fair market value of...

J&K Migrant Immovable Property Act 1997 | Possession Must Be Surrendered Before Appealing Eviction Order: High Court

Underscoring the critical requirement of surrendering possession in appeals related to the J&K Migrant Immovable Property Act the Jammu and Kashmir and Ladakh High Court has said that surrendering possession of disputed properties is indispensable for appealing eviction orders.Citing Sec 7 of the Act Justice Rajnesh Oswal emphasised,“The perusal of Section 7 (supra), would reveal...

Jammu and Kashmir and Ladakh High Court Monthly Digest: March 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) 35Gulab Singh Vs Kuldeep Singh 2024 LiveLaw (JKL) 36Jehangir Ahmad Mir Vs UT of...

Workmen's Compensation Act | Eligibility For Claim In Case Of Death Depends On Ability To Prove Accident Arose Out Of & In Course Of Employment: J&K High Court

Delineating the critical importance of establishing a causal connection between accidents and employment in workmen's compensation claims the Jammu and Kashmir and Ladakh High Court has ruled that in case of an employee's death, claimants must demonstrate a clear link between the accident and the course of employment to be eligible for compensation under Section 3 of the Workmen Compensation...

Before Solely Relying On Statement Of Prosecutrix, Court Must Ensure Other Supporting Evidence Consistently Matches With Statement: J&K High Court

Highlighting the stricter criteria for relying solely on the testimony of a prosecutrix (victim) in rape cases the Jammu and Kashmir and Ladakh High Court has ruled that before reliance can be placed upon the solitary statement of the prosecutrix, it must be ensured that her statement leaves no room for doubt regarding the factum of occurrence.A bench of Justice Sanjay Dhar also stressed that...

Jammu & Kashmir And Ladakh High Court Weekly Roundup: March 25 - March 31, 2024

Nominal Index:Baseerat-ul-Ain Vs NIA 2024 LiveLaw (JKL) 55Ghar Singh Vs University Of Jammu 2024 LiveLaw (JKL) 56Vijay Singh Vs Surjit Singh 2024 LiveLaw (JKL) 57X” Juvenile V/s Union Territory of J&K 2024 LiveLaw (JKL) 58Director, Rural Development, Kashmir, Srinagar Vs Abdul Qayoom 2024 LiveLaw (JKL) 59Athar Mushtaq Khan Vs UT of J&K 2024 LiveLaw (JKL) 60University of Kashmir...

J&K High Court Slams Govt For Delay In Releasing Detenues Despite Court Orders, Urges Swift Release Of Detainees In Future

The Jammu and Kashmir and Ladakh High Court has sharply criticized the UT administration for its unreasonable delay in releasing a detenu whose preventive detention order was quashed by the court in December 2023.In resolving a contempt petition filed by a detainee pressing for the execution of his release order, Justice Rahul Bharti, with the District Magistrate and SSP Baramulla...

Cannot Utilise Previously Invalidated Grounds To Detain Individual For Issuance Of Fresh Detention Order: J&K High Court

The Jammu and Kashmir and Ladakh High Court has reiterated that authorities cannot utilize grounds previously invalidated to detain an individual under preventive detention statutes.A bench of Justice Sanjeev Kumar emphasized the inherent challenge of segregating the grounds of a quashed detention order from fresh grounds without delving into the subjective considerations of the...

Govt Must Enquire Whether Representation Has Been Made Against Detention By Detenue, Any Omissions Fatal For Detention Order's Validity: J&K High Court

The Jammu and Kashmir and Ladakh High Court released a young woman detained under the Jammu and Kashmir Public Safety Act, 1978 (PSA) emphasising the "onus" on the government to ensure a detenue's representation reaches the Advisory Board before it confirms the detention order.A bench of Justice Rahul Bharti observed,“Onus is equally upon the Government to enquire from the...

'Unexpected, Amounts To Professional Misconduct': J&K High Court Reprimands Lawyer For Seeking Share From Client's Compensation Amount

The Jammu and Kashmir and Ladakh High Court has sternly reprimanded a lawyer for attempting to claim a share of his client's compensation amount.A bench comprising Justice Sanjay Dhar emphatically stated,“..The counsel cannot claim any share out of the fruits of litigation from his/her client as fee and if at all such a thing has happened, it is a case of professional misconduct on the part...

Backdoor Appointment Made On Minister's Recommendation: J&K High Court Dismisses Plea For Regularisation Of Employment

Underscoring procedural integrity in public employment and the repercussions of backdoor appointments on the wider pool of eligible candidates the Jammu and Kashmir and Ladakh High Court has observed that once the initial engagement of a candidate is not by the competent authority, his services cannot be regularized.In dismissing a plea for regularisation, moved by the petitioner Tasleem Arif...

[O.6 R.17 CPC] Amendment Of Pleadings Are Intended To Promote Ends Of Justice, Not Defeat Them: J&K High Court

Upholding the true spirit of Order 6 Rule 17 of the Civil Procedure Code (CPC), the Jammu and Kashmir and Ladakh High Court has ruled that amendments to pleadings are meant to promote justice, not hinder it.A bench of Justice Javed Iqbal Wani has emphasised,“The object of the Rule is that the courts should try the merits of the cases that come before them and should consequently allow...