High Court of J & K and Ladakh
Electrocution | 'Negligence Of Injured/Deceased' No Defence For Enterprises Engaged In Hazardous Activity: Jammu & Kashmir High Court
The Jammu and Kashmir High Court has held that enterprises or departments engaged in hazardous activities cannot claim immunity from granting compensation on the ground that accident occurred due to negligence of the injured or deceased individuals.The Bench comprising Justice Sanjeev Kumar and Justice Rahul Bharti observed, “The plea that the accident happened due to the negligence of...
J&K Control Of Building Operations Act | Unauthorised Constructions Compounded By Municipal Authorities Deemed Authorised: High Court
The Jammu and Kashmir High Court has held that once an unauthorized construction has been compounded by the municipal authorities, it attains the status of an authorized construction, thereby rendering any subsequent legal proceedings challenging its legitimacy as unsustainable under Article 226 of the Constitution of India.Justice Wasim Sadiq Nargal was hearing a petition filed by the...
Dying Declaration | One Line Certificate By Doctor That Patient Is Fit Without Any Observation Not Sufficient: Jammu & Kashmir High Court
The Jammu & Kashmir High Court has made it clear that mere one-line certification by a doctor stating a patient's fitness, without any other observation, is inadequate in assessing the authenticity of the patient's dying declaration. A bench of Justices Atul Sreedharan and Mohan Lal emphasised on the need for a thorough evaluation of the mental condition of the declarant to ensure...
Sonamarg Construction Ban: Jammu & Kashmir High Court Grants Special Exception For Maintenance/ Repair Of Army Installations
The Jammu and Kashmir High Court has allowed the Indian Army to conduct vital maintenance and repair works in existing structures within the High Altitude Warfare School (HAWS) and other transit camps situated in the pristine region of Sonamarg. Marking a distinct departure from previous restraints imposed by the court, the bench of Chief Justice N. Kotiswar Singh and Justice M A...
Jammu & Kashmir And Ladakh High Court Weekly Round-Up: August 21 - August 27, 2023
Nominal Index :IRSHAD AHMAD QURESHI & ANR Vs. STATE OF J&K & OTHERS 2023 LiveLaw (JKL) 223Gul Mohammad and Ors Vs State of J&K and Ors 2023 LiveLaw (JKL) 224Noor Illahi Fakhtoo vs UT of J&K and Ors 2023 LiveLaw (JKL) 225Surjeet Singh Vs Sheikh Behzad Khalid & others 2023 LiveLaw (JKL) 226Nazir Ahmad Ganie and Another Vs Mohammad Amin Ganie 2023 LiveLaw (JKL)...
Drug Abuse An Epidemic Among Youth: Jammu & Kashmir High Court Calls For Collective Action
Upholding the detention order of a petitioner found engaged in illicit drug trafficking, the Jammu and Kashmir High Court emphasised the need for joint efforts from the concerned agencies and community leaders to combat the growing menace of drug abuse, particularly among the youth.Justice M A Chowdhary observed, “The epidemic of drug abuse in younger generation has assumed alarming...
Jammu & Kashmir High Court Initiates Donation Drive For Himachal Pradesh, Calls For Donations To Support Relief Efforts
In response to the catastrophic natural calamity that recently struck Himachal Pradesh, the High Court of Jammu & Kashmir and Ladakh has asked the Judicial Officers of the UT’s of J&K and Ladakh to contribute or donate voluntarily towards the relief operations in the calamity struck state.In an official announcement made on August 24, 2023, the court has initiated a donation drive...
Termination Order Cannot Be Challenged U/S 33C(2) Of Industrial Disputes Act: Jammu & Kashmir High Court
The Jammu and Kashmir High Court has recently ruled that the validity of a dismissal order cannot be addressed within the confines of a proceeding under Section 33C(2) of the Industrial Disputes Act as the issue relating to validity of a dismissal order can by no stretch of imagination be termed as incidental to the proceedings under Section 33C(2) of the Act.Justice Sanjay Dhar...
J&K Distillery Rules | State Can't Levy Excise Duty On Rectified Spirit Unfit For Human Consumption: High Court
The Jammu and Kashmir High Court has recently ruled that the State does not possess the requisite legislative competence to impose Excise Duty on rectified spirit not suitable for human consumption as per Rules 107 and 108 of the Jammu & Kashmir Distillery Rules. Justice Moksha Khajuria Kazmi interpreted the Jammu and Kashmir Excise Act to allow Excise Duty only on spirits that had...
Building Violations: High Court Seeks Jammu Municipal Commissioner's Affidavit, Asks Whether Action Initiated Against Erring Enforcement Inspectors
Taking note of the pressing issue of building violations, the Jammu and Kashmir and Ladakh High Court has directed the Municipal Commissioner of Jammu to furnish an exhaustive affidavit, outlining the extent and gravity of both major and minor building violations along with the steps taken to rectify the situation, particularly in Green Belt Park and Gandhi Nagar areas.The directions to...
Court Can Review Detention Orders Despite Detaining Authority's Subjective Satisfaction: Jammu & Kashmir High Court
While acknowledging the principle of not ordinarily interfering with the detaining authority's subjective satisfaction, the Jammu and Kashmir and Ladakh High Court on Wednesday clarified that this principle does not preclude the court from examining the material that forms the basis of detention.Justice Puneet Gupta found that while the detention order need not be preceded by a police case,...
Jammu & Kashmir High Court Imposes 1 Lakh Penalty On State For Bypassing Land Acquisition Procedures
Coming down heavily against the state administration for forcibly acquiring land without due process and compensation, the Jammu and Kashmir High Court imposed a penalty of Rs. 1 lakh on the state for violating the constitutional right to property. Justice Wasim Sadiq Nargal emphasised that property rights are a cornerstone of a democratic society governed by the rule of law and that the...