Jammu & Kashmir And Ladakh High Court Quarterly Digest July - September 2024

Nominal Index:MOHAMMAD SHAHBAZ MIR VS UNION OF INDIA 2024 LiveLaw (JKL) 175Gorav Sayal Vs UT of J&K 2024 LiveLaw (JKL) 176Ramtech Software Private Limited Vs Ut Of J&K And Another 2024 LiveLaw (JKL) 177Manzoor Ahmad Yatoo Vs UT of J&K 2024 LiveLaw (JKL) 178Bansi Lal Vs UT of J&K 2024 LiveLaw (JKL) 179Mehraj ud din Andrabi Vs Zia Darakshan 2024 LiveLaw (JKL) 180Yawar Ahmad Malik...

Employee Of State Road Transport Corporation Entitled To Pay Revision And Benefits Of 5th And 6th Pay Commissions: Jammu & Kashmir High Court

Jammu and Kashmir High Court: Justice M.A. Chowdhary ruled in favor of the petitioner, recognizing his entitlement to the pay revisions under the 5th and 6th Pay Commissions, despite his superannuation. The court held that since the petitioner had been treated as a government employee for pension purposes, he was also entitled to the pay revisions granted under the relevant Statutory...

Insurance Company Must Pay Full Insured Amount, Relief From Government Irrelevant: J&K High Court

The Jammu and Kashmir and Ladakh High Court has held that an insurance company cannot reduce the payout to a claimant based on ex gratia relief received from the government.Dismissing a Civil 1st Miscellaneous Appeal filed by an Insurance company against an award a bench of Chief Justice Tashi Rabstan and Justice M A Chowdhary emphasized "the Insurance Company is bound to pay the claim...

J&K High Court Dismisses PIL Challenging Public Safety Act as Not Maintainable, Cites Ongoing Adjudication On Similar Issue

The Jammu and Kashmir and Ladakh High Court, comprising Chief Justice Tashi Rabstan and Justice M A Chowdhary has dismissed a Public Interest Litigation (PIL) challenging the validity of the Jammu and Kashmir Public Safety Act (PSA), 1978. The court declared the PIL non-maintainable, citing that the issue of detention of citizens under the PSA was already under judicial consideration, making...

Though DNA Report Can Be Considered While Adjudicating Bail, Prosecution Can Contest Its Accuracy In Trial: J&K High Court

The Jammu and Kashmir and Ladakh High Court has emphasized that while the prosecution and complainant retain the right to contest the accuracy of the DNA analysis during the trial, such a report can be considered in the context of a bail petition before the trial fully unfolds.Granting bail to the petitioner, whose DNA test ruled him out as the biological father of the child allegedly born out...

HC Upholds J&K Govt's Decision To Withdraw Budgetary Support Scheme 2018 For Reimbursement Of IGST To Manufacturing Units

The Jammu and Kashmir and Ladakh High Court has upheld the UT government's decision to withdraw the 'Budgetary Support Scheme', notified in the year 2018 for providing budgetary support to manufacturing units in the UT, by reimbursement of Integrated Goods and Service Tax. A division bench of Justices Sanjeev Kumar and Rajesh Sekhri observed that the Scheme did not create any...

Temporary Residence Elsewhere Doesn't Alter Jurisdiction In Guardianship Petitions, It Depends On Ordinary Residence: J&K High Court

The Jammu & Kashmir and Ladakh High Court has reaffirmed that it is the ordinary place of residence of the minor which determines the jurisdiction of the Court in guardianship matters under Section 9 of the Guardians and Wards Act, 1890 and temporary residence elsewhere at the time of filing the application does not alter this jurisdiction.Highlighting a clear distinction between the...

Jammu & Kashmir And Ladakh High Court Monthly Digest: September 2024

Nominal Index:Kishore Kumar Vs Ishar Das 2024 LiveLaw (JKL) 250Narayan Sharma @ Shuna through Mrs. Lata Sharma (Mother) Vs UT of J&K 2024 LiveLaw (JKL) 251Showkat Ahmad Vs State of J&K 2024 LiveLaw (JKL) 252Yashpal Sharma & Ors. Vs Rupali Sharma 2024 LiveLaw (JKL) 253Raman Kumar Vs UT of J&K 2024 LiveLaw (JKL) 254Sheikh Owais Tariq Vs Satvir Singh 2024 LiveLaw (JKL)...

Limitation For Refund Of GST Is Determined From Date Of Original Application, Not From Date Of Follow-Up Application: J&K HC Quashes Deficiency Memo

The Jammu and Kashmir and Ladakh High Court has held that the time limit for refund of GST is to be determined from the date the original application is filed by an assessee, and not from the date of follow-up application. In the case at hand, the Petitioner, a garment manufacturer, was issued a deficiency memo and the follow up application, which it had filed for GST refund at the...

Proceedings U/S 145 CrPC Not A Substitute For Recovering Possession Of Property: J&K High Court

The Jammu and Kashmir and Ladakh High Court has clarified that proceedings under Section 145 of the Criminal Procedure Code (CrPC) cannot be used as a means to recover possession of a property, when the dispute concerns the title of the property.A bench comprising Justice Javed Iqbal Wani emphasized that the scope of Section 145 CrPC is limited to determining which party was in possession at...

Justice Tashi Rabstan Sworn In As 37th Chief Justice Of J&K And Ladakh High Court

Justice Tashi Rabstan took the oath as the 37th Chief Justice of the High Court of Jammu & Kashmir and Ladakh in a ceremony held at the Convention Centre in Jammu. The oath was administered by Lieutenant Governor Manoj Sinha of J&K.The ceremony was attended by Justices Atul Sreedharan, Sanjeev Kumar, Sindhu Sharma, Rajnesh Oswal, Vinod Chatterji Koul, Sanjay Dhar, Puneet Gupta,...

Reformative Theory Takes Back Seat In Heinous Terrorist Crimes: J&K High Court Dismisses Remission Plea Of Separatist Ashiq Hussain Factoo

Dismissing the remission plea of Kashmiri separatist and Hizbul Mujahideen militant, Ashiq Hussain Factoo, the Jammu and Kashmir and Ladakh High Court ruled that heinous crimes like terrorism are a class apart and warrant a stricter approach.The Division Bench, comprising Justices Sanjay Dhar and M.A. Chowdhary, declared that the reformative theory of punishment must yield in cases...