High Court of J & K and Ladakh
Investigating Agencies May Seize Passport But Not Impound It: Jammu & Kashmir High Court
Distinguishing between the powers of the police and the Passport Authority with regard to the seizing and impounding of passports, the Jammu and Kashmir and Ladakh High Court has clarified that while the police may seize a passport under Section 102 of the CrPC, the impounding can only be done by the Passport Authority under Section 10(3) of the Passports Act.The observations were made by...
Jammu and Kashmir and Ladakh High Court Weekly Roundup November 13 - November 20, 2023
Nominal Index:Nadeem Ur Rehman Vs UT of J&K 2023 LiveLaw (JKL) 284Director, Estates Department, Jammu Vs Avtar Krishan 2023 LiveLaw (JKL) 285Kewal Krishan Vs Financial Commissioner ACS Home Department and ors 2023 LiveLaw (JKL) 286Executive Engineer, Dal Lake Division-I Vs Mousvy Industries Budgam 2023 LiveLaw (JKL) 287DR. INSHA ABID Vs UNION OF INDIA & ORS 2023 LiveLaw (JKL)...
NEET PG - Candidates Taking Seat In 3rd Round AIQ Counselling Can't Withdraw Or Participate In Further Rounds : J&K&L High Court
Affirming the irrevocable nature of the third round of counselling under the All India Quota for NEET-PG admissions, the Jammu and Kashmir and Ladakh High Court has on ruled that candidates who secure a seat in the third round of counselling under the All India Quota are prohibited from withdrawing or participating in any subsequent counselling rounds.Spotlighting Clause 1.5 of Chapter 1 of...
Order 20 Rule 16 CPC | Not Mandatory To Pass Preliminary Decree In Every Suit For Accounts: J&K High Court
Elucidating the application of Order 20 Rule 16 of the Civil Procedure Code (CPC), the Jammu and Kashmir and Ladakh High Court has ruled that the Court is not mandated to pass a preliminary decree before a final decree in every suit for accounts. Instead, the decision depends on the unique facts and circumstances of each case, it clarified.Order 20 Rule 16 of the Code relates to suits...
Daily Diary Reports Must Contain Details Of 'Specific Activities' That Necessitated Preventive Detention: J&K High Court
Quashing a detention order against an individual under Section 3 of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988, the Jammu and Kashmir and Ladakh High Court has emphasised the indispensability of detailed and substantial grounds, especially in the context of Daily Diary Reports (DDRs),Allowing a habeas corpus plea of the detenue, Justice Rajnesh...
J&K Public Premises Act | Employee's Right To Retain Govt Accommodation Limited To One Month Post-Retirement: High Court Upholds Demand Of Rent
The Jammu and Kashmir and Ladakh High Court has made it clear that in terms of J&K Public Premises (Eviction of Unauthorized Occupants) Act 1988, a Govt. employee on his retirement can retain govt. accommodation for a period of one month and thereafter, he has no right whatsoever to retain the same.Thus allowing the writ petition moved by the Estates Department and setting aside an...
Jammu & Kashmir And Ladakh High Court Weekly RoundUp: November 6 - November 12, 2023
Nominal Index:Dr. Abid Hussain Vs State (now Union Territory) of J&K 2023 LiveLaw (JKL) 279Syed Irfan Abdullah Vs UT of J&K 2023 LiveLaw (JKL) 280Mrs. Syed Asma Balki Vs. Mudasir Shibzada 2023 LiveLaw (JKL) 281ZAHOOR AHMAD DAR Vs JAMEELA BANO & ANOTHER 2023 LiveLaw (JKL) 282A K Engineers and Contractors Pvt Ltd v. Union Territory of J&K 2023 LiveLaw...
NEET PG 2023 | Meritorious Reserved Category Candidates Entitled To Reserved Disciplines If Preferred Choice Unavailable In Open Merit: J&K High Court
The Jammu and Kashmir and Ladakh High Court has recently ruled that a Meritorious Reserved Category Candidate (MRC) who secured admission in NEET-PG from the open merit category should be granted allocation to a discipline from the reserved category if their preferred choice is unavailable in the open merit category.Highlighting the mandate of Rule 17 of the J&K Reservation Rules...
Arbitration Clause In The Original Contract Would Also Apply To Inseparable Additional Work Carried Out Without Execution Of A Formal Agreement: J&K&L High Court
The Jammu & Kashmir and Ladakh High Court has held that the arbitration clause contained in the original contract would also govern any dispute arising out of an additional work carried out without execution of a formal agreement. The bench of Chief Justice N. Kotiswas Singh held that when a contractor, initially tasked with constructing a single-lane bridge, is subsequently...
Muslim Wife Can't Be Denied Maintenance When Factum Of Divorce Not Properly Established: Jammu & Kashmir High Court
The Jammu and Kashmir High Court has ordered a Muslim man to maintain his wife till the factum of divorce, as had been claimed by him, is established.Muslim personal law does not contemplate maintenance to a divorced wife. Justice Rajnesh Oswal however clarified that wife cannot be asked to live her life without any maintenance from her husband when the issue of dissolution of marriage is...
Orders Passed U/S 12 Domestic Violence Act Can't Be Assailed Directly U/S 482 CrPC Unless Remedy Of Appeal Is Availed: J&K High Court
The Jammu and Kashmir and Ladakh High Court has recently clarified that orders passed under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (DV Act) cannot be directly challenged under Section 482 of the Criminal Procedure Code (CrPC) unless the remedy of statutory appeal is availed.Dismissing a petition under Section 482 assailing the orders passed by the...