Jammu & Kashmir And Ladakh High Court Weekly Round-Up: February 5 - February 11, 2024

Nominal Index:Iftikar Ahmad Vs Abdul Majeed 2024 LiveLaw (JKL) 11Vishal Khajuria V/s Staff Selection Commission 2024 LiveLaw (JKL) 12Maheen Showkat Vs UT of J&K 2024 LiveLaw (JKL) 13Union Territory of Jammu and Kashmir 2024 LiveLaw (JKL) 14Union Territory of Jammu & Kashmir Vs IFFCO-TOKIO, General Insurance Company Limited 2024 LiveLaw (JKL) 15Judgements/Orders: Powers U/S 482 CrPC...

Court's Observations In Interim Relief Applications Are Tentative & Temporary, Not Final Opinion On Merits Of Case: J&K High Court

Clarifying that observations made by a court while considering an application for interim relief are tentative and temporary, the Jammu and Kashmir and Ladakh High Court has said that the character of these observations is not to be construed as a final expression of any opinion as to the merits of the case.Justice Javed Iqbal Wani made these observations while hearing a plea under Article 227...

Determinable Contracts Not Specifically Enforceable, Injunction Cannot Be Granted To Prevent Breach: J&K High Court

Shedding light on the nature of determinable contracts, their enforcement under the Specific Relief Act, and the applicability of injunctions on them, the Jammu and Kashmir and Ladakh High Court has ruled that when a contract is determinable and cannot be specifically enforced, no injunction against termination and enforcement of the contract can be issued.These observations were made by...

“Witnesses Being Threatened To Depose In Accused's Favour, Counsels Unwilling To Take Case": J&K High Court Transfers Advocate Babar Qadri's Murder Trial From Srinagar To Jammu

The Jammu and Kashmir and Ladakh High Court has ordered the transfer of the trial in the murder case of Advocate Babar Qadri from Srinagar to the court of Special Judge Designated under NIA Act in Jammu. The decision comes in response to concerns over witness safety and the need for a fair and impartial trial.Qadri, a prominent lawyer was fatally attacked at his residence in Srinagar,...

Private Law Remedies Against Public Bodies Not Enforceable Through Writ Jurisdiction Unless Their Functions Had Public Element: J&K High Court

Distinguishing between public and private law matters and their redressal mechanisms the Jammu and Kashmir and Ladakh High Court has ruled that private remedies cannot be enforced through extraordinary writ jurisdiction, even against public authorities.A bench of Justice Justice Javed Iqbal Wani clarified that even if a body performing a duty makes it amenable to writ jurisdiction, all...

Person Not Possessing Prescribed Qualifications Can't Be Appointed Even If They Qualify All Tests Laid Down For Recruitment: J&K High Court

The Jammu and Kashmir and Ladakh High Court has ruled that even if a candidate scores well in recruitment tests, they cannot be appointed if they lack the basic eligibility criteria.Dismissing a petition filed by an individual who participated in the selection process for Constable (GD) in the Indo-Tibetan Border Police (ITBP) despite not possessing the mandatory matriculation...

Powers U/S 482 CrPC Not Revisional/Appellate, Terms Like "Abuse Of Process" Or "Securing Ends Of Justice" Don't Grant Unfettered Discretion: J&K High Court

Reiterating the restricted nature of its inherent power under Section 482 of the Criminal Procedure Code (CrPC) for quashing criminal complaints the Jammu and Kashmir and Ladakh High Court has observed that this exceptional power cannot be used for detailed evidence evaluation or as a substitute for appeals or revisions.A bench of Justice Javed Iqbal Wani further clarified that terms like...

80 Important Rulings Of Jammu & Kashmir And Ladakh High Court 2023

1) JKL High Court Slams Authorities For Denying Passport To Mehbooba Mufti's Mother, Says Passport Authority Can't Act As Mouthpiece of CIDCase Title: Gulshan Nazir Vs Union of IndiaCitation: 2023 LiveLaw(JKL) 1Directing the Passport Officer to consider former J&K Chief Minister Mehbooba Mufti's mother's application for re-issuance of passport afresh, the Jammu & Kashmir and Ladakh...

Two Additional Judges Of Jammu & Kashmir And Ladakh High Court Made Permanent

The Central Government has issued a notification appointing the following two additional judges of the Jammu & Kashmir and Ladakh High Court as permanent judges of the HC:1. Justice Rahul Bharti 2. Justice Moksha Ithajuria KazmiA notification issued by the Ministry of Law & Justice in this regard reads thus: "In exercise of the power conferred by clause (1) of Article 217 of...

"Singh" Or "Kour" Surnames Not Mandatory For Sikh Identity: J&K High Court Dismisses Plea Challenging Gurudwara Committee Election

The Jammu and Kashmir High Court has made it clear that having "Singh" or "Kour" as surnames is not mandatory to be recognized as a Sikh person.The bench was adjudicating a petition challenging elections to the District Gurudwara Prabandhak Committee (DGPC) in Akhnoor on the ground that certain non-Sikh voters were added on the electoral rolls. The petitioner's basis of this contention was...

No Amount Of Delay Can Extinguish Constitutional Right To Property: J&K High Court Upholds Compensation For Claimants Dispossessed 45 Yrs Ago

The Jammu and Kashmir and Ladakh High Court has ordered the state to compensate landowners whose property was arbitrarily seized 45 years ago. The court declared that no amount of delay can extinguish the fundamental right to property, granting long-awaited relief to the petitioners.“Even if the right to property has ceased to be a fundamental right in this part of the Country, still then...

Jammu & Kashmir And Ladakh High Court Weekly Roundup: December 8 - December 14, 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)...