Prevention of Corruption Act | Sanctioning Authority's Competence, Application Of Mind Can Be Examined Only During Trial: J&K High Court

The Jammu and Kashmir and Ladakh High Court has recently clarified that the absence of sanction to prosecute a public officer can be challenged at the beginning of a case, but challenges related to the competence of the sanctioning authority and the application of mind can only be raised during the trial.Justice Rajnesh Oswal relied on Parkash Singh Badal v. State of Punjab (2007), Dinesh...

Jammu & Kashmir And Ladakh High Court Dismisses Writ Petition Challenging SCN Regarding Export Of Banned Yarn Shawls

The Jammu & Kashmir and Ladakh High Courts have held that jurisdiction in the case of shawls containing prohibited material lies in Delhi, not Jammu & Kashmir, as the seizure took place in Delhi.The bench of Chief Justice N. Kotiswar Singh and Justice M.A. Chowdhary has observed that in the absence of any specific pleadings in the writ petitions as well as memoranda of appeals, it...

CRPF Act | Commandant Authorised To Dismiss Personnel For Misconduct, Dismissal & Removal Are Minor Penalties: J&K High Court

The Jammu and Kashmir and Ladakh High Court has held that Section 11(1) of the CRPF Act allows the Commandant the discretion to dismiss or remove a member of the force found guilty of misconduct as a penalty. Justice Sanjay Dhar also clarified that under Section 11, dismissal and removal from service are classified as minor punishments."..it is clear that the Commandant is well within his...

Jammu & Kashmir And Ladakh High Court Weekly Roundup: October 23 - October 29, 2023

Nominal Index [Citations: 2023 LiveLaw JKL) 269- 273]Naveen Bhatnagar vs M/s Sudarsham Consolidated Limited 2023 LiveLaw (JKL) 269CRP FOOD IMPORT-EXPORT v. KASHMIR KESAR MART 2023 LiveLaw (JKL) 270Rajan Gupta V/s Manoj Gupta 2023 LiveLaw (JKL) 271Fayaz Ahmad Wani Vs Union Territory of J&K and ors 2023 LiveLaw (JKL) 272Shamsher Singh Manhas V/s State of J&K and others 2023 LiveLaw...

If Only One Conclusion Possible From Undisputed Facts, Possible Breach Of Natural Justice Does Not Automatically Imply Prejudice: J&K High Court

The Jammu and Kashmir and Ladakh High Court has reiterated that in situations where only one conclusion was possible upon admitted or undisputed facts, a breach of natural justice does not automatically imply prejudice.Justice Sindhu Sharma thus upheld the cancellation of the allotment of a shop in Jammu to the allotee petitioner. “Even otherwise, if on undisputed and admitted fact, if only...

Detention Orders With Irrelevant Grounds Violate Constitutional Rights, Grants Detenu Right To Seek Relief From Court: J&K High Court

The Jammu and Kashmir and Ladakh High Court has ruled that including irrelevant or non-existent grounds in a detention order violates the constitutional rights of the detenu, allowing them to seek court relief.Justice Vinod Chatterji Koul explained that such inclusions infringe upon two crucial rights: firstly, the inclusion of irrelevant or non-existent grounds infringes upon the primary...

CPC | Relevance Of Documents Primary Consideration Before Allowing Order XI Rule 12 Application: J&K High Court

The Jammu and Kashmir and Ladakh High Court has ruled that the primary consideration for the court before allowing an application under Order-XI Rule-12 CPC lies in determining the relevance of the documents, especially when a party seeks a specific document.Justice Sindhu Sharma clarified that any document shedding light on the proceedings becomes pertinent, contributing to the understanding...

English Translated Copy Certified By A Sworn Or Official Translator Is Sufficient Compliance Of Section 47(2) Of The A&C Act: J&K High Court

The High Court of Jammu & Kashmir High Court has held that filing of an English translated copy certified by an official or sworn translator satisfies the requirement of Section 47(2) of the A&C Act which provides that if an award is in a foreign language, a translated copy of the award is to be filed for the purpose of the enforcement of the foreign award and the same has...

Jammu & Kashmir And Ladakh High Court Weekly Roundup : October 16 - October 22, 2023

Nominal Index: Nikhat Nabi v M/s Fancy Fabrics & Ors (J&K Bank Ltd) 2023 LiveLaw (JKL) 265G. M. Bhat v State of JK 2023 LiveLaw (JKL) 266Chief Engineer PWD Kashmir Vs Fahmeeda Begum 2023 LiveLaw (JKL) 267Shakeel Ahmad Kuchay Vs. Manmohan Lal 2023 LiveLaw (JKL) 268Naveen Bhatnagar vs M/s Sudarsham Consolidated Limited 2023 LiveLaw (JKL) 269Judgments/Orders: Order 23 Rule 3(A) - Bar...

Director's Resignation Has Immediate Effect Only In Absence Of Explicit Provision In Articles Of Association: J&K High Court

The Jammu and Kashmir and Ladakh High Court on Friday clarified that a Director's resignation is deemed to take immediate effect only in cases where the Articles of Association do not specify the resignation's effect.Justice Sanjay Dhar observed, ".. if the Articles of Association of a company make a provision for resignation, the same has to be resorted to in accordance with the...

Order 2 Rule 2 CPC | No Bar On Subsequent Suit If Cause Of Action In Both Suits Not Same: J&K High Court

The Jammu and Kashmir and Ladakh High Court has recently observed that a subsequent suit is barred only if the first suit and the second suit are based on the same cause of action under Order 2 Rule 2 of the CPC.Justice Javed Iqbal Wani added that the court should not prematurely dismiss a suit or an application for an interim injunction if there are triable issues and that issues regarding...

Lok Adalat Awards Deemed Decrees, Further Appeals U/S 96 CPC Not Allowed: Jammu & Kashmir High Court

The Jammu and Kashmir and Ladakh High Court has recently observed that every award issued by the Lok Adalat is deemed to be a decree of a Civil Court and is final and binding, hence closing the door to further appeals under Section 96 of the CPC.Justice Wasim Sadiq Nargal noted that an award of the Lok Adalat can only be challenged if there is an allegation of fraud or if the agreement...