High Court of J & K and Ladakh
Press Should Refrain From Publishing Defamatory Content Against Private Citizen If It Serves No Public Interest: Jammu & Kashmir High Court
Cautioning the press from publishing contents that are manifestly defamatory against an individual, the Jammu and Kashmir and Ladakh High Court has observed that content published by the press should be duly verified and there should be sufficient reason to believe that it is true and serves the public good.Debunking “Truth” as a defence for publishing defamatory material against a...
J&K HC Allows Minors Plea For Passport Rectification Upon Attaining Majority, Directs Adherence To Ministry of External Affairs Guidelines
Allowing a plea seeking directions to effect changes in the date of birth in the passport the Jammu and Kashmir and Ladakh High Court has emphasized that an applicant seeking a change in the date of birth in their passport must do so within a reasonable time, specifically within five years from the date of the passport's issuance, with certain exceptions for minors.Citing the Ministry of...
Subjective Satisfaction Under Preventive Detention Jurisdiction Cannot Rule Out Objectivity: J&K HC Quashes Detention Order
The Jammu and Kashmir and Ladakh High Court has quashed the detention order of a detenue citing serious concerns about the grounds of detention being based on a "caricatured" opinion instead of an objective assessment.A bench of Justice Rahul Bharti has observed,“If taken as it is, then any law abiding citizen can be stereotyped at the hands of law and enforcement agency/authority for the...
Supreme Court Collegium Recommends Permanent Appointments For Two Additional Judges Of J&K And Ladakh High Court
The Supreme Court Collegium led by Chief Justice Dhananjaya Y Chandrachud and comprising Justices Sanjiv Khanna and B R Gavai has recommended the appointment of two Additional Judges as permanent Judges of the High Court of Jammu & Kashmir and Ladakh.The resolution recommending the elevation of Justice Moksha Khajuria Kazmi and Justice Rahul Bharti, both serving as Additional Judges in...
Treating Employee's Absence As 'Dies-Non' A Penalty Measure, Cannot Be Imposed Without Affording Hearing: J&K High Court
The Jammu and Kashmir and Ladakh High Court has ruled that a period of willful absence from duty can be treated as 'Dies-Non', but such a measure of penalty cannot be imposed without conducting a fair enquiry and affording the concerned employee an opportunity to be heard.For the period declared as 'Dies Non', an employee would not be eligible for allowance nor would it be counted for...
Jammu & Kashmir And Ladakh High Court Weekly Roundup: December 25 - December 31, 2023
Nominal Index:UT of J&K Vs X 2023 LiveLaw (JKL) 326Feroz Ahmed Sheikh Vs Union Territory of J&K 2023 LiveLaw (JKL) 327Union of India Vs Jagjeet Kour 2023 LiveLaw (JKL) 328University of Kashmir through Registrar V/s Prof. Gh. Nabi Sidiqi and Ors 2023 LiveLaw (JKL) 329Ghulam Qadir Bhat and another V/s U.T of J&K and others 2023 LiveLaw (JKL) 330Judgments/Orders:S. 22 POCSO Act|...
Labour Commissioner Competent To Review Ex-Parte Awards Passed Under Workmen's Compensation Act: J&K High Court
The Jammu and Kashmir and Ladakh High Court has recently held that a Labour Commissioner is competent to review his ex-parte orders, while hearing an application to set aside such ex-parte award.A bench of Justice M.A Chowdhary clarified that given the applicability of Order IX Rule 13 of the Code of Civil Procedure(CPC), as provided under Rule 31 of the J&K Workmen's Compensation Rules...
No Binding Contract in Tender Participation, Process Cancellable Before Acceptance Letter Is Issued: J&K High Court
Upholding the cancellation of a controversial sheep/goat procurement tender by the Sheep Husbandry Department, the Jammu and Kashmir and Ladakh High Court has ruled that merely by participating in the tender, no right is created in favour of the bidder and the tenderer cannot be precluded from its option to cancel the tendering process on any grounds.A bench of Justice Sindhu Sharma has...
Appeals, Second Appeals & Suits Connected By An Intrinsic Unity, To Be Regarded As One Legal Proceeding: J&K High Court
Underscoring the interrelated nature of legal remedies, the Jammu and Kashmir and Ladakh High Court has reiterated that appeals are not separate proceedings but rather continuations of the original suits.Justice Javed Iqbal Wani, delivering the judgment, emphasized that appeals, second appeals, and suits are interconnected steps in a unified legal pursuit of justice. Hence an appellate...
Jammu And Kashmir And Ladakh High Court Monthly Digest: December 2023
Nominal Index:Building Operation Controlling Authority Vs Vikas Gupta 2023 LiveLaw (JKL) 302Members of Saini Community Th. Suksham Singh Vs UT of J&K 2023 LiveLaw (JKL) 303Mehmooda Vs State of J&K 2023 LiveLaw (JKL) 304The New India Assurance Co. Ltd Vs Safder Ali 2023 LiveLaw (JKL) 305Subash Choudhary Vs J&K Special Tribunal Jammu 2023 LiveLaw (JKL) 306NADEEM UR REHMAN &...
Jammu and Kashmir and Ladakh High Court Annual Digest 2023: Part II [Citations 151 - 330]
Nominal Index:Raja Sajad Ahmad Wan Vs State of J&K 2023 LiveLaw (JKL) 151M/s Best Crop Science Industrial Area Versus Union of India 2023 LiveLaw (JKL) 152Mahant Subash Shah Vs Kabir Singh & Anr 2023 LiveLaw (JKL) 153State of J&K Vs Davinder Kumar & Ors 2023 LiveLaw (JKL) 154State (now UT) of J&K Vs Bashir Ahmad 2023 LiveLaw (JKL) 155Shukal Singh Vs v/s G.M.,...
'Sufficient Cause' In Limitation Act Can't Be Liberally Construed For Govt Departments : J&K High Court
The Jammu and Kashmir and Ladakh High Court has held that the expression "sufficient cause" in Section 5 of the Limitation Act cannot be liberally construed just because a government department is seeking condonation of delay.The court emphasized that government departments are equally bound by the law of limitation and must provide cogent and plausible explanations for delays.Justice Javed...