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...

[J&K Wakfs Act 1978] Act Overrides All Other Laws, Any Sales Of Wakf Properties Inconsistent With It Are Legally Insignificant & Inoperative: High Court

The Jammu and Kashmir and Ladakh High Court has ruled that the Jammu and Kashmir Wakfs Act, 1978 overrides all other laws when it comes to Wakf properties.Shedding light on the status of Acts which are inconsistent with the Waqf Act Justice Javed Iqbal Wani observed,“The Act of 1978 and of the rules and orders made thereunder shall have overriding effect notwithstanding anything...

[S. 27 Evidence Act] BSF Didn't Act As "Police Officer" When Recovering Arms & Ammunition From Accused During Search & Cordon Operation: J&K High Court

The Jammu and Kashmir and Ladakh High Court has ruled that the recovery of arms and ammunition from an accused at his instance by the Border Security Force (BSF) during a search and cordon operation does not violate Section 27 of the Indian Evidence Act.Clarifying the scope of "police officer" under the Evidence Act and its application to the BSF's powers under the Armed Forces (Jammu...

[S.438 CrPC] Approaching Sessions Court First For Anticipatory Bail Serves Both Ends & Administration Of Justice: J&K High Court

The Jammu and Kashmir and Ladakh High Court has reiterated that it is advisable for individuals seeking anticipatory bail to first approach their local Sessions Court under Section 438 of the Criminal Procedure Code (CrPC).This principle ensures both justice and efficient administration of justice, a bench of Justice Rajesh Sekhri emphasised.However the bench clarified,“There may be...

CPC | Power Of Court To Preserve Existing Condition Of Property Distinct From Power To Ascertain, Collect Or Elucidate Facts In Dispute: J&K HC

Making a crucial distinction between two key provisions of the Civil Procedure Code (CPC) - Order 39 Rule (7) and Order 26 Rule (9) the Jammu and Kashmir and Ladakh High Court has highlighted that Order 39 Rule (7) primarily aims to record the existing condition of property to monitor changes or interference by parties, while Order 26 Rule (9) focuses on elucidating facts relevant to the...

S. 57 J&K Housing Board Act | Provision Of Prior Notice Never To Non-Suit Litigant, But To Allow For Settlement & Avoid Unnecessary Litigation: High Court

The Jammu and Kashmir and Ladakh High Court has ruled that the purpose of a notice provision in the J&K Housing Board Act is not to dismiss lawsuits on technical grounds.Expounding on the mandate of Section 57 of the Housing Board Act which provides for notice Justice Sanjay Dhar observed, “The purpose of giving prior notice for filing of the suit under Section 57 of the Act can never be...

ID Act | Nexus Between Services Of Employee & Services Of Institute Essential To Bring Organization Within Scope “Industry”: J&K High Court

Shedding light on the definition of 'industry' under the Industrial Disputes Act, 1947 (ID Act) the Jammu and Kashmir and Ladakh High Court has observed that the essential criterion for an organisation to be considered an 'industry' is the nexus between the services provided by an employee and those rendered by the institute.Explaining the contours of the term “Industry” used in the...

Dossier Seeking Preventive Detention By 'Name-Calling' Without Supporting Facts Leads To Fragile Detention Order Which Can Be Quashed: J&K High Court

Quashing a detention order under the Jammu and Kashmir Public Safety Act, 1978 the Jammu and Kashmir and Ladakh High Court on Wednesday observed that a preventive detention order based on mere hunches and speculations from law enforcement authorities cannot be justified. A bench of Justice Rahul Bharti emphasized,“A dossier by the sponsoring authority for seeking preventive detention of...

O.47 R.27 CPC | While Court Can't Usually Record Additional Evidence At Appellate Stage, Ceratin Exceptions Are Carved Out For Doing So: J&K High Court

The Jammu and Kashmir & Ladakh High Court has said that ordinarily the parties to an appeal shall not be entitled to produce additional evidence, whether oral or documentary, in the appellate court.However clarifying the circumstances under which an appellate court can allow parties to introduce new evidence during an appeal Justice Javed Iqbal Wani observed,“Normally an appellate...

SC Collegium Recommends Judicial Officer As Additional Judge of J&K High Court

The Supreme Court Collegium has recommended the elevation of Judicial Officer Mohammad Yousuf Wani as an Additional Judge of the High Court of Jammu and Kashmir and Ladakh.A resolution passed by collegium comprising Chief Justice Dhananjaya Y Chandrachud along with Justices Sanjiv Khanna and B R Gavai reads,“Having regard to the material on record and all relevant factors, the Collegium is...

Jammu & Kashmir And Ladakh High Court Weekly Roundup: March 4 - March 10, 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) 35Judgments/Orders: Co-Sharer of Property Cannot Be Restrained From Raising Construction...

Non-Disclosure of Selection Criteria In Advance Doesn't Automatically Disqualify Process, As Long Criteria Is Fair: J&K High Court

The Jammu and Kashmir and Ladakh High Court has ruled that the non-disclosure of selection criteria in advance does not automatically invalidate a selection process.The court, however, emphasized the importance of employers disclosing and notifying the selection criteria in advance. This proactive measure ensures that candidates participating in the selection process are fully aware of...