UAPA Arrest Without Legal Justification Violates Articles 14 & 21, Accused Entitled To Bail In Such Cases Despite S.43D(5) : J&K&L High Court

The High Court held that arrest under UAPA must be justified on the anvil of "clear and present danger".

Fundamental Right To Education Doesn't Extend To Candidates Ineligible To Appear In Examinations: J&K High Court

Drawing a line between upholding a fundamental right and ensuring that academic prerequisites remain an indispensable criterion for students seeking to sit for examinations, the Jammu and Kashmir and Ladakh High Court has observed that while the right to education is a fundamental right, its essence does not stretch to endorsing the participation of ineligible candidates in...

Lowering India's Reputation Not 'Terrorist Act'; Holding So Would Mean Any Criticism Of Centre Will Be UAPA Offence : J&K&L High Court

While granting bail to Kashmir-based news journalist Peerzada Shah Fahad, the High Court of Jammu and Kashmir and Ladakh rejected an argument raised by the National Investigation Agency (NIA) that any act affecting India's dignity and lowering the country's global image will be a 'terrorist act' as defined under the Unlawful Activities Prevention Act.The case against Peerzada Shah...

Police Must Limit Surveillance Register Entries To Respect Citizen's Privacy, Fundamental Rights: J&K High Court

The Jammu and Kashmir and Ladakh High Court has urged the Police officers to strictly interpret and limit Surveillance Register entries to respect citizen's fundamental freedoms, ensuring unobtrusive and lawful surveillance.Justice Javed Iqbal Wani added that surveillance must not intrude to compromise individual dignity and the rules governing Surveillance Register entries and...

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)...

'Tendency To Detain Critics Of Govt Abuse Of Preventive Detention Law' : High Court Quashes Detention Of Kashmir Journalist

The Court observed that a true news report can't be held to be provoking people against the workings of the government.

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...