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...

UAPA | Plea For Default Bail Filed A Day Before Expiry Of Authorized Custody Period Not Maintainable: Jammu & Kashmir High Court

The Jammu and Kashmir and Ladakh High Court has made it clear that a plea for default bail filed a day before the expiry of authorized custody period under the Unlawful Activities (Prevention) Act (UAPA) is not maintainable.Finding that the appellant in this case had moved an application for default bail on the 90th day of the 90-days authorized custody period, a bench of Justices Sanjeev...

Objections U/S 47 CPC Must Be Raised At Initial Stages, Cannot Be Entertained Once Court Has Issued Order For Effective Execution: J&K High Court

The Jammu and Kashmir and Ladakh High Court has clarified that objections under Section 47 CPC must be raised at the initial stages of the execution application and these objections cannot be raised once the court has already exercised its jurisdiction, issued an order for effective execution, and called for a compliance report.Furthermore, Justice Javed Iqbal Wani stressed that objections...

Jammu & Kashmir And Ladakh High Court Weekly Round-Up: October 30 - November 5, 2023

Nominal Index:Shamsher Singh Manhas V/s State of J&K and others 2023 LiveLaw (JKL) 273Jagdish Chander Vs Union Of India 2023 LiveLaw (JKL) 274M/S Ali Shah Versus Union of India 2023 LiveLaw (JKL) 275FAROOQ AHMAD LONE Vs STATE OF J&K & OTHERS 2023 LiveLaw (JKL) 276Khursheed Ahmad Chohan Vs UT of JK and others 2023 LiveLaw (JKL) 277Abdul Rehman Nath V/s Umar Mohammad Beigh 2023...

Jammu & Kashmir And Ladakh High Court Quarterly Digest: July To September 2023

Nominal Index [Citations 169 - 255]:Union Of India Vs Altaf Ahmad Mir 2023 LiveLaw (JKL) 169State of J&K Vs Gulji Bhai & Ors 2023 LiveLaw (JKL) 170State of J&K Vs Rajinder Kumar 2023 LiveLaw (JKL) 171M/s Delton Infra Pvt. Ltd. Vs State of J&K and another 2023 LiveLaw (JKL) 172Sh. Krishan Singh Jasrotia (deceased) represented through LRs Bimla Devi and others Vs Union of India...

Jammu & Kashmir And Ladakh High Court Monthly Digest: October 2023

Nominal Index [Citations 256 - 277]:Mridulla Kirti Vs High Court of J&K 2023 LiveLaw (JKL) 256MAQSOOD AHMAD SHOOSHA Vs. STATE OF J&K &OTHERS 2023 LiveLaw (JKL) 257Kirti Mridulla Vs J&K High Court 2023 LiveLaw (JKL) 258Abdul Majeed Dar alias Madnee Vs UT of Jammu and Kashmir & others 2023 LiveLaw (JKL) 259Union Territory of J&K Vs Abdul Qayoom Bhat 2023 LiveLaw (JKL)...

Court's Discretion To Extend Time To File Written Statement Beyond 120 Days Revoked By Amendments To J&K CPC: High Court

The Jammu and Kashmir and Ladakh High Court has held that in view of the substitution and addition of the proviso to Order VIII CPC, the legislature has taken away the discretion which was earlier vested with the court to extend the time to file the written statement beyond the 120 day period.Justice Javed Iqbal Wani highlighted the implication of the amendment. “The only inescapable...

Jammu & Kashmir High Court Notifies Guidelines On Arrest, Detention And Bail To Accused

The Jammu & Kashmir and Ladakh High Court has issued a set of comprehensive guidelines pertaining to arrest, detention, and bail procedures, in consonance with the directions passed by the Supreme Court in Md. Asfak Alam vs State of Jharkhand, Cr. Appeal No 2207 of 2023.A notification to this effect issued by Registrar General Mr Shahzad Azeem,“Acting in compliance to the directions...

J&K High Court Orders Thorough Probe Into Alleged Custodial Torture, Mutilation Of Police Constable

The Jammu and Kashmir and Ladakh High Court recently highlighted that the police authorities and the court should carefully exercise discretion to determine if a second FIR is warranted based on case-specific considerations. Justice Javed Iqbal Wani thus ordered a thorough investigation into the alleged severe custodial torture and mutilation of a police constable while in the custody of...