S.452 CrPC | Futile To Keep Seized Vehicles At Police Stations For Long Periods, Courts Can Pass Appropriate Orders By Taking Bond, Security: J&K High Court

Clarifying the process of disposing of case property under section 452 of the Code of Criminal Procedure the Jammu and Kashmir and Ladakh High Court has emphasised that the authority vested in the court under this section is judicial in nature and should be exercised for valid reasons, considering the nature of the property and the evidence before the court. A bench of Justice Wasim Sadiq...

Contract To Refer Disputes To Director Of Social Forestry Department Whose Finding Is Final And Binding Constitutes Valid Arbitration Agreement: J&K High Court

The Jammu & Kashmir And Ladakh High Court held that a contract to refer disputes to the Director of the Social Forestry Department, whose findings would be final and binding constituted a valid arbitration agreement. “A perusal of the said Clause 18, would show that it does not specifically mention that the dispute between the parties shall be referred to an arbitrator. What...

Awarding Govt Jobs Without Following Proper Advertisement & Selection Process Violates Article 16 Of Constitution: J&K High Court

Emphasising the paramount importance of adhering to the principles enshrined in Article 16 of the Constitution regarding public employment the jammu and Kashmir and Ladakh High Court has ruled that regular appointments to government posts cannot be made without following the proper procedure of issuing advertisements inviting applications from eligible candidates and conducting a fair...

[S.31 POCSO Act] No Jurisdiction Conferred On Special Court To Independently Try Other Offences Without There Being Any POCSO Offence: J&K High Court

Making a significant clarification regarding the jurisdiction of Special Courts designated under the Protection of Children from Sexual Offences Act (POCSO Act) the Jammu and Kashmir and Ladakh High Court has explained that Section 31 of the POCSO Act regulates the procedure followed in Special Courts but doesn't grant them independent authority to try offences not covered under the Act.A...

When Raising Plea Of "Equal Pay For Equal Work" Onus Falls Upon Employee To Prove Substantial Similarity In Nature Of Work: J&K High Court

While reaffirming the fundamental principle of "equal pay for equal work" enshrined under Article 16(1) read with Article 14 and 39(d) of the Constitution of India the Jammu and Kashmir and Ladakh High Court has ruled that the onus falls upon the employee seeking parity under the "equal pay for equal work" principle to prove substantial similarity in the nature of work performed.Shedding light...

Preventive Detention Can't Be Used As Substitute For Punitive Detention Which Follows Regular Course Of Law: J&K High Court

Quashing the preventive detention orders against an individual accused of orchestrating a fraudulent scheme targeting students the Jammu and Kashmir and Ladakh High Court has said that alleged offences of cheating under Sec 420 read with section 120-B of the IPC cannot be read to be prejudicial to the maintenance of public order.A bench of Justice Rahul Bharti clarified that at best it could be...

J&K Transfer Of Property Act | Buyer's Possession Only Permissive, Doesn't Convert To Ownership Till Property Is Registered: High Court

The Jammu and Kashmir High Court has clarified that under the J&K Transfer of Property Act 1977, the execution of a contract for sale or agreement to sell does not automatically transfer ownership rights to the buyer. Instead, the title remains with the seller, even if the buyer has taken possession of the property, it emphasised.Justice Javed Iqbal Wani highlighted that possession by...

J&K Land Revenue Act | Power To Set Aside Mutation Quasi-Judicial In Nature, No Such Administrative Power Vested With Dy Commissioner: J&K High Court

The Jammu and Kashmir and Ladakh High Court has ruled that a Deputy Commissioner has no power to set aside mutation orders passed by a Tehsildar, highlighting that such power is quasi-judicial and requires adherence to principles of natural justice.Citing various provisions of the J&K Land Revenue Act Justice Sanjay Dhar observed,“I am afraid, there is no such administrative power...

S. 91 CrPC | Accused Can Seek Production Of Document Withheld By Investigator During Charge Framing If It Is Found To Be Of Sterling Quality: J&K HC

The Jammu and Kashmir and Ladakh High Court has clarified the legal position regarding an accused's right to produce evidence at the stage of framing charges and ruled that an application under Section 91 of the Criminal Procedure Code (CrPC) can be made by the accused even during the framing of charges if certain conditions are met.A bench of Justice Sanjeev Kumar had said, “An...

Two Conflicting Decrees Not Permissible In Same Appeal Against Deceased & Surviving Respondents, Appeal Liable To Be Abated As A Whole: J&K High Court

The Jammu and Kashmir and Ladakh High Court, while addressing the ramifications of the abatement of an appeal due to the demise of certain respondents, has ruled that proceeding with an appeal against the surviving respondent(s) is untenable hence leading to a dismissal of the appeal in its entirety.Spelling out the reasons for the same Justice M A Chowdhary observed,“..The basic reason...

[PMLA] Charges Can't Proceed If Investigation Into Predicate Offence Is Stalled: J&K High Court

The Jammu and Kashmir and Ladakh High Court has ruled that charges under the Prevention of Money Laundering Act (PMLA) cannot proceed if the investigation into the original crime (known as the predicate offence) is stalled.A bench of Justice Sanjay Dhar clarified,“Offences under PMLA are stand alone offences, yet their origin is the Scheduled offences. Once the Scheduled offence ceases to...

Jammu and Kashmir and Ladakh High Court Weekly Roundup March 11 - March 17, 2024

Nominal Index:Gulab Singh Vs Kuldeep Singh 2024 LiveLaw (JKL) 36Jehangir Ahmad Mir Vs UT of J&K 2024 LiveLaw (JKL) 37Ashok Kumar Vs Union of India through Secretary to Govt Industries Department 2024 LiveLaw (JKL) 38J&K Housing Board Vs Smt Harbans Kour 2024 LiveLaw (JKL) 39Smt. Rachna Gupta Vs Dr. Parmodh Baru 2024 LiveLaw (JKL) 40Mohd. Shafi Masi Vs UT of J&K 2024 LiveLaw...