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

Nominal Index:Sahil Gupta Vs UT of J&K 2024 LiveLaw (JKL) 1Abdul Rahim Ganai V/s State of JK and others (SRTC) 2024 LiveLaw (JKL) 2Waqas Riyaz Khan Vs UT of J&K 2024 LiveLaw (JKL) 3MOHAMMAD BIN SHORA Vs. UNION OF INDIA AND ANOTHER 2024 LiveLaw (JK) 4Pritam Chand alias Pritam Singh Vs Dr. Kamal Saini 2024 LiveLaw (JKL) 5Haja @ Hajira Bano Vs Gh. Mohammad Ahangar 2024 LiveLaw (JKL)...

Review Of Judgements Is An Exception To General Rule, Parties Can't Be Permitted To Seek Re-Hearing Under Garb Of Review: J&K High Court

Dismissing a review petition filed by contractors who challenged an earlier order directing them to pay an additional sum for work they had undertaken the Jammu and Kashmir and Ladakh High Court has reiterated that a court's power to review its judgments is not meant to serve as an appeal in disguise.Clarifying the limitations of the court after the pronouncement of a judgment and its powers...

[Cheque Dishonour] Prioritize Compensation In Sentencing U/S 138: J&K High Court Reiterates Compensatory Aspect Of Negotiable Instruments Act

The Jammu and Kashmir and Ladakh High Court has ruled that criminal courts must prioritize compensating the complainant when imposing a fine on an accused convicted under Section 138 of the Negotiable Instruments Act (NI Act) for dishonoring cheques.A bench comprising Justice M A Chowdhary stressed that for the compensatory aspect to be duly considered, the sentence imposed should align with...

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

The Jammu & Kashmir and Ladakh High Court has held that leasehold interest in the land is an asset of the company and is capable of valuation. As such, it is to be included in the value of the assets of M/s. Jyoti Private Limited so as to determine the fair market value of shares held by the assessee as well as other shareholders.The bench of Justice Tashi Rabstan and Justice Puneet...

Co-Sharer of Property Cannot Be Restrained From Raising Construction On Exclusive Portion of Joint Property: J&K High Court

Upholding the exclusive construction rights of co-sharers in a joint property the Jammu and Kashmir and Ladakh High Court has recently ruled that a co-sharer of a property who is in exclusive possession of a specific portion of the joint holding cannot be prevented from constructing on that portion.Justice Javed Iqbal Wani observed, “A co-sharer of a property, who is in exclusive possession...

Jammu & Kashmir And Ladakh High Court Weekly Roundup: February 26 - March 3, 2024

Nominal Index:The Cooperative Market Society Limited Bishnah Vs Assistant Labour Commissioner 2024 LiveLaw (JKL) 25Kewal Krishan Vs Union Territory of J&K 2024 LiveLaw (JKL) 26Virender Kumar Chawla Vs Neha Chalwa 2024 LiveLaw (JKL) 27Pawan Kumar Sharma Vs UT of J&K 2024 LiveLaw (JKL) 28SHOWKAT AHMAD MIR Vs NIGHAT BEGUM 2024 LiveLaw (JKL) 29Arjun Balraj Mehta Vs UT of Ladakh 2024...

S.50 Wildlife Protection Act | Police Empowered to Tackle Wildlife Crimes, Investigation & Seizure Powers Granted: J&K High Court

Affirming the authority of police officers to investigate offenses under the Wildlife Protection Act, the Jammu and Kashmir, and Ladakh High Court has reiterated that a Police officer is sufficiently empowered to investigate the offenses committed under the Act and is hence equally competent to search and seize the offending articles in such matters.These observations arose from a petition...

[S.97 CrPC] Father's Custody of Minor Child No Ground To Issue Search Warrant Unless Confinement Proven Illegal: J&K High Court

Clarifying that a father's custody of his child cannot be considered illegal confinement under Section 97 of the Cr. P. C the Jammu and Kashmir and Ladakh High Court has observed that the father of minor children having their custody cannot be per se said to be an offence for which the said provision could be invoked.A bench comprising Justice Sanjay Dhar underscored, “Unless it is shown...

Court Must Curb Down On Parties Attempts To Take Different Stands Before Different Forums, Perjury Must Be Nipped In The Bud: J&K High Court

Dismissing a writ petition filed by a landowner claiming compensation for land acquired for highway expansion, the Jammu and Kashmir and Ladakh High Court has emphasized that legal forums must not devolve into battlegrounds for tactical maneuvers.Underscoring the Judiciary's duty to curb perjury and false statements a bench of Justice Vinod Chatterji Koul observed, “The Courts must...

[S.47 CPC] Power Of Executing Court Limited To Specific Questions On Execution, Discharge, Or Satisfaction Of Decree: J&K High Court

Highlighting the limitations on the powers of an executing Court under Section 47 of the Code of Civil Procedure (CPC), the Jammu and Kashmir and Ladakh High Court has said that the powers of executing courts are confined to resolving issues directly related to the execution, discharge, or satisfaction of decrees.A bench of Justice Javed Iqbal Wani has clarified,“The scope of Section 47 is...

Jammu & Kashmir And Ladakh High Court Issues Notice To Union In Cross-Border Shelling Compensation Case

The Jammu and Kashmir and Ladakh High Court has issued a notice in response to a writ petition filed a resident of Baramulla, challenging the exclusion of property damage compensation from the 'Central Scheme for Assistance to Civilian Victims/Family of Victims of Terrorist/Communal/Left Wing Extremism (LWE) Violence and Cross Border Firing and Mine/IED Blasts on Indian Territory, 2019'. In...

J&K HC Orders Fresh Probe In Decade-Old Corruption Case Due To Flawed Investigation, Says No Legal Provision Prohibited IO From Reviewing Material

Ordering a fresh investigation into a decade old corruption case due to a flawed initial probe by the investigating agency, the Jammu and Kashmir and Ladakh High Court has said it is extremely unreasonable on the part of the investigating agency to ignore examination of any evidence that is presented by the complainant to supported his accusations.A bench of Justice Wasim Sadiq...