Jammu and Kashmir and Ladakh High Court Weekly Roundup December 4 - December 10, 2023

Nominal Index:The New India Assurance Co. Ltd Vs Safder Ali 2023 LiveLaw (JKL) 305Subash Choudhary Vs J&K Special Tribunal Jammu 2023 LiveLaw (JKL) 306NADEEM UR REHMAN & OTHERS Vs UT OF J&K & OTHERS 2023 LiveLaw (JKL) 307M/s Oikos India Pvt. Ltd Vs M/s K.C. Hotels Pvt. Ltd 2023 LiveLaw (JKL) 308Zareefa Banoo Vs Manzoor Ahmad Sheergujri 2023 LiveLaw (JKL) 309Mahroz Akhter Vs...

High Court Slams Kashmir Health Services Director With ₹2 Lakh Fine For 'Frivolous Litigation,' 20 Yr Delay In Executing Decree

The Jammu and Kashmir High Court recently slapped a fine of Rs. 2 lakh on the Director Health Services Kashmir for indulging in frivolous litigation to stall the execution of a decree passed against them in 2003.In a scathing order passed by Justice Atul Sreedharan, the court dismissed the plea, imposed costs, and observed that the department's "repeated frivolous litigation" had kept...

Domestic Violence Act Doesn't Provide Windfalls, Concrete Evidence Regarding Income Needed For Fair Assessment Of Maintenance: J&K High Court

The Jammu and Kashmir and Ladakh High Court has observed that concrete evidence regarding the salary amount of the husband must be made known to the trial court so that it can pass a direction for a specific amount of maintenance payable by the husband under the Domestic Violence Act.Emphasising the need for concrete evidence of the husband's salary before quantifying maintenance, Justice...

J&K High Court Constitutes Expert Committee To Investigate & Mitigate Road Accidents On NH-44, Mughal Road

In response to the alarming frequency of road accidents along National Highways NH-44, NH-244, and Mughal Road, a Division Bench of the High Court of Jammu and Kashmir and Ladakh has constituted a committee to ascertain reasons and suggest remedial measures to curb this surging trend.A bench comprising Chief Justice Kotiswar Singh and Justice Moksha Kazmi Khajuria directed that the ...

MV Act | Apportionment Of Compensation Not Guided by Personal Laws, Consideration Of Dependency On Deceased Paramount: J&K High Court

The Jammu and Kashmir and Ladakh High Court on Monday ruled that the Court cannot be guided by personal law while deciding on the compensation in a claim petition since it needed to be apportioned by taking into consideration the dependency of the Claimants.Justice M.A Chowdhary clarified that only if any Claimant dies before being awarded compensation of his share, the same may be released...

Territorial Challenges Do Not Undermine Core Jurisdiction: J&K High Court Says Untimely Jurisdictional Objections Cannot Invalidate Decrees

The Jammu and Kashmir and Ladakh High Court has recently clarified that objections on territorial or pecuniary jurisdiction, if not raised at the appropriate juncture, cannot be subsequently introduced in proceedings.In such instances, a decree rendered without timely jurisdictional objections was not deemed null and void since challenges related to the territorial or pecuniary jurisdiction...

NEET PG | Special 'Stray Vacancy' Round Not For Upgradation, Only Meant For Candidates Who Were Not Allotted Any Seats: J&K High Court

Clarifying the mandate of Stray Round in NEET PG counselling the Jammu and Kashmir and Ladakh High Court has recently observed that the Special Stray Vacancy Round does not function as an upgradation round, and individuals who have already secured seats in prior rounds are ineligible for any upgradation opportunities.In dismissing the review plea, a bench of Justice Sanjay Dhar added that...

Merely Affixing Notice On Outer Building Not Substantial Compliance With Service Unless Credible Evidence Shown: J&K High Court

The High Court of Jammu and Kashmir and Ladakh has held that merely affixing a notice on the outer part of a building structure would not be substantial compliance with actual service under Section 7(2) of the J&K Control of Building Operations Act, 1988.Section 7(2) details a procedure for serving notices to violators by affixing them on the outer doors of unauthorized buildings. The...

Rigid Constraints Of Formal Pleadings Need Not Be Strictly Adhered To In A Claim Plea Under Motor Vehicles Act: J&K High Court

Dismissing an appeal challenging an award passed by the Motor Accidents Claims Tribunal (MACT) under the Motor Vehicles Act, 1988 the Jammu and Kashmir and Ladakh High court has reitrated that in a claim petition submitted under the Motor Vehicles Act, the rigid constraints of formal pleadings need not be strictly adhered to.A bench of Justice Javed Iqbal Wani clarified that it is not...

Jammu and Kashmir and Ladakh High Court Weekly Roundup November 27 - December 3, 2023

Nominal Index:Nazir Ahmad Najar Vs UOI 2023 LiveLaw (JKL) 300Hakeem Muzafar Khaliq Vs Inspector General, Crime Branch, Srinagar 2023 LiveLaw (JKL) 301Building Operation Controlling Authority Vs Vikas Gupta 2023 LiveLaw (JKL) 302Members of Saini Community Th. Suksham Singh Vs UT of J&K 2023 LiveLaw (JKL) 303Mehmooda Vs State of J&K 2023 LiveLaw (JKL) 304Judgments/Orders: 'Seema...

Judgement In Rem Extends Benefits To All Similarly Situated Employees, Denying Them Violates Articles 14 & 16: J&K High Court

The Jammu and Kashmir and Ladakh High Court has recently held that when a set of employees is given a particular relief by a Court of law, all identically situated persons would need to be treated alike by extending the said benefits to them as well. The court further clarified that the extension of such benefits would be irrespective of whether they approached the court during their...

Jammu and Kashmir and Ladakh High Court Monthly Digest November 2023

Nominal Index:Abdul Rehman Nath V/s Umar Mohammad Beigh 2023 LiveLaw (JKL) 278Dr. 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....