High Court of J & K and Ladakh
Issuance Of Process Must Reflect Application Of Mind, Can't Simply Fill Blank Spaces In Printed Proforma: Jammu & Kashmir High Court
The Jammu and Kashmir and Ladakh High Court has deprecated the practice of issuance of process on printed proforma by filling blank spaces.Bench of Justice Rajnesh Oswal reasoned that issuance of process is a serious matter and it must reflect the application of mind on the part of the concerned Magistrate though it is not incumbent upon the Magistrate to explicitly state the reasons for...
Jammu & Kashmir And Ladakh High Court Weekly Roundup: September 4 - September 10, 2023
Nominal Index:Happy Singh vs. Union of India 2023 LiveLaw (JKL) 238SHAH MASOOD AHMAD AND ANR vs. SHAH SHABIR AHMAD 2023 LiveLaw (JKL) 239BILLO KASANA & OTHERS Vs STATE OF J&K & ORS 2023 LiveLaw (JKL) 240Noor Ahmad Shah vs. Union of India and Ors 2023 LiveLaw (JKL) 241MOLVI AB. RASHID SHEIKH Vs U T OF J&K &anr. ..Mushtaq Ahmad Bhat @ Veeri V/s Union Territory of J&K...
Framing Of Charges | High Court Can't Scrutinise Evidence To Differ From Trial Court's Opinion: Jammu & Kashmir High Court
The Jammu and Kashmir and Ladakh High Court on Friday ruled that a High Court's scrutiny of the evidence and material collected by the prosecution in support of the charge, in exercise of its inherent jurisdiction under Section 561-A of the J&K Code of Criminal Procedure is not any higher than that of the court that framed the charge.“Sifting of evidence to come to a conclusion contrary...
Jammu & Kashmir High Court Quashes Detention Orders Of Prominent Clerics Moulana Abdul Rashid Dawoodi, Mushtaq Veeri
The Jammu & Kashmir High Court on Friday quashed the detention orders of two prominent clerics, Moulana Abdul Rashid Dawoodi and Mushtaq Ahmed Veeri, who were detained under the Public Safety Act (PSA) last year.Moulana Abdul Rashid Dawoodi, the leader of 'Tehreek-e-Sout-ul Auliya,' and Mushtaq Ahmed Veeri, associated with the Jamiat-Ahle-Hadees (JaH), have strong followings in the...
CPC Intended To Facilitate Justice & Not Penalise Individuals, Procedural Errors Can't Defeat A Rightful Relief: Jammu & Kashmir High Court
The Jammu and Kashmir High Court has recently emphasised that the Code of Civil Procedure is intended to facilitate justice, not to penalize individuals and courts typically do not deny rightful relief due to procedural errors or mistakes, whether they result from negligence, inadvertence, or rule violations.Justice Javed Iqbal Wani thus set aside an order passed by the Court of Special...
Only National Freedom Fighters Eligible For Benefits Under Swantantrata Sainik Samman Pension Scheme, Not Militancy Fighters: J&K High Court
The Jammu and Kashmir and Ladakh High Court has recently held that individuals who fought against militancy do not meet the criteria for pension under the Swantantrata Sainik Samman Pension Scheme. Justice Sanjay Dhar explained that the said pension scheme is particularly designed to honour those who actively participated in the National Freedom Struggle as prescribed in the SSA Pension...
Migrant's Property Cannot Be Alienated Without Revenue Minister's Permission, Not Even By Court Decree: Jammu & Kashmir High Court
The Jammu and Kashmir and Ladakh High Court has made it clear that the J&K Migrant Immovable Property 1997 prohibits alienation of immovable property of a migrant not only by act of parties but also by a decree or order of a Court or a revenue officer, without previous permission of Revenue and Relief Minister."A perusal of Section 4 of the Act of 1997 would reveal that the...
Courts To Avoid Pedantic Approach In Application For Supplementing Grounds For Delay Condonation, Unless They Determine Parties' Rights: J&K High Court
The Jammu and Kashmir High Court has recently observed that a pedantic approach should not hinder the incorporation of additional grounds in applications seeking condonation of delay. Justice Puneet Gupta emphasised that the court should refrain from overly strict or pedantic scrutiny when parties seek to introduce supplementary pleadings in applications that do not ultimately determine...
Jammu & Kashmir And Ladakh High Court Monthly Digest: August 2023
Nominal Index [Citations 199 - 237]:Ghulam Rasool Sofi Vs State Of J&k 2023 LiveLaw (JKL) 199Mohammad Younis Mir Vs Union Territory of J&K & Anr 2023 LiveLaw (JKL) 200Ravinder Kumar Vs State of J&K 2023 LiveLaw (JKL) 201Shahbaz Ahmad Palla 2023 LiveLaw (JKL) 202Yoginder Singh Vs Union Of India 2023 LiveLaw (JKL) 203Imran Nabi Wani Vs UT of J&K 2023 LiveLaw (JKL) 204State...
Jammu & Kashmir And Ladakh High Court Weekly Round-Up: August 28 - September 3, 2023
Nominal index:M/S CADILA HEALTH CARE LTD. Vs PRESIDING OFFICER & ANR 2023 LiveLaw (JKL) 233SSP Kathua Vs Baghwan Das 2023 LiveLaw (JKL) 234BOCA Jammu Vs Nageen Ara 2023 LiveLaw (JKL) 235State of J&K and others Vs Smt. Manjeet Kour and others 2023 LiveLaw (JKL) 236Vinkal Sharma and others V/s UT of J&K and others 2023 LiveLaw (JKL) 237Judgments/Orders:Termination Order Cannot...
'Drug Abuse Taking A Toll On Lives Globally': J&K High Court Upholds Preventive Detention Of Alleged Drug Trafficker
The Jammu and Kashmir and Ladakh High Court has observed that the ongoing impact of illicit drug trafficking and drug abuse has taken a substantial toll on countless lives and robbed many individuals of their productive years worldwide.Justice Wasim Sadiq Nargal thus upheld the preventive detention of an alleged drug trafficker hailing from Punjab.“Drug trafficking along with drug...
JKSSB Recruitment: High Court Stays Selection Process Till Govt Takes Decision On Recruiting Agency's Allegedly Unfair Conduct
The Jammu and Kashmir High Court has dismissed "mere apprehensions" of unfair conduct of the Jammu and Kashmir Service Board (JKSSB) in recruitment but has halted the selection process, till a final decision is taken by the government on the report/recommendations made by the High-Level Committee which was appointed to review the board's functioning.The Committee was constituted to...