Expedited Resolution In Summary Suits Cannot Come At The Cost Of Defendant's Fair Opportunity To Defend Himself: J&K High Court

Shedding light on the principles governing the grant of leave to defend a summary suit, the Jammu and Kashmir and Ladakh High Court has ruled that while the objective of summary suits is to expedite commercial disputes, this cannot come at the cost of denying the defendant a fair opportunity to defend himself.Citing 'Sudin Dilip Talaulikar v. Polycap Wires Private Limited &...

LOCs Are Coercive Measures Interfering With Liberty, To Be Used Exceptionally Only When Accused Deliberately Evades Justice: J&K High Court

While quashing a Look Out Circular (LOC) issued against a businessman facing corruption charges, the Jammu and Kashmir and Ladakh High Court has observed that LOCs are not routine measures but exceptional tools used only when an accused deliberately evades justice or poses a flight risk.A bench of Justice Sindhu Sharma observed,“An LOC is a coercive measure to make a person surrender...

O.6 R.17 CPC | Adopt Liberal Approach To Amendments Before Trial Unless It Causes Irreparable Prejudice To Opposite Party: J&K High Court

The Jammu and Kashmir and Ladakh High Court has ruled that courts must adopt a liberal approach and allow amendments under Order 6 Rule 17 of the Civil Procedure Code (CPC) unless they cause irreparable prejudice to the other party or change the very nature of the suit.A bench of Justice M A Chowdhary added that whenever an amendment is sought before the commencement of a trial, a lenient...

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...