UAPA | Appellant Authority Cannot Remand Case Back To Designated Authority Beyond Time Limit Prescribed U/S 25: J&K High Court

The Jammu and Kashmir and Ladakh High Court has observed that once the appellate authority recognises the lack of reasoning in the designated authority’s order, it is imperative for the appellate body to either confirm or revoke the order under Section 25(6) of the Unlawful Activities (Prevention) Act within the time limit specified therein.Justice Wasim Sadiq Nargal clarified that...

Jammu & Kashmir And Ladakh High Court Weekly Roundup: October 9 - October 15, 2023

Nominal Index:Union Territory of J&K Vs Abdul Qayoom Bhat 2023 LiveLaw (JKL) 260Ab. Hamid Bhat Vs Union Territory of Jammu and Kashmir 2023 LiveLaw (JKL) 261Ghulam Din Bhat and another Vs Mst Jana 2023 LiveLaw (JKL) 262Tabeen Mineral Water Private Limited Vs National Insurance Company Limited 2023 LiveLaw (JKL) 263Court On Its Own Motion Vs Comm. Secy. Govt. of JK Tourism and Ors 2023...

Order 23 Rule 3(A) - Bar On Filing New Suits Only Applicable To Parties Involved In Compromise Decrees, Not To Strangers: J&K High Court

The Jammu and Kashmir and Ladakh High Court has held that although Order 23, Rule 3-A of the Civil Procedure Code bars new suits from setting aside a decree based on a lawful compromise, the bar only applies to parties involved in the compromise and does not preclude strangers to the suit from filing independent suits to challenge the compromise decree.Justice Javed Iqbal Wani also added...

Consumer Commission Can Revive Cases Consigned To Records, Does Not Qualify As Review Or Recall: Jammu & Kashmir High Court

The Jammu and Kashmir and Ladakh High Court has clarified that restoring a case consigned to records without an adverse order or a decision on parties' rights does not qualify as a review and hence such a case could be called back by the Consumer Commissions. A bench of Chief Justice N. Kotiswar Singh and Justice M. A. Chowdhary however acknowledged that the Consumer Commissions, except for...

'Satisfied With Measures Taken By Authorities To Preserve Green Spaces, Parks': Jammu & Kashmir High Court Closes PIL

The Jammu and Kashmir High Court expressed satisfaction with the measures taken by the authorities regarding the maintenance and preservation of green spaces and parks in the region, particularly Srinagar and Jammu. A Division Bench of Chief Justice N. Kotiswar Singh and Justice Moksha Khajuria Kazmi after carefully reviewing reports submitted by the concerned authorities, decided to close...

Can't Dismiss Appeals Solely For Late Submission Of Documents, Procedural Errors Can't Nullify One's Right To Appeal: J&K High Court

The Jammu and Kashmir and Ladakh High Court has held that the dismissal of the appeal by the appellate court solely due to the late submission of the certified copy of the order was not legally sustainable and amounted to a failure of justice.A bench comprising Justice Javed Iqbal Wani emphasised that a person's right to appeal cannot be nullified simply because they did not strictly...

High Court Directs Personal Appearance Of Jammu's Divisional Commissioner Over Repeated Failure To Produce Detention Records

The Jammu and Kashmir High Court has ordered the personal appearance of the Jammu Divisional Commissioner on October 12 for repeated failure to produce detention records in a habeas corpus plea. The directions were passed by Justice Javed Iqbal Wani during the hearing of a habeas corpus petition filed by a man who is currently held in Kishtwar district jail based on a 2022 order issued by...

Smart Satellite Township: Jammu & Kashmir High Court Orders Reassessment Of Land Compensation To Claimants

The Jammu and Kashmir and Ladakh High Court on Monday directed the government to reassess the amount of compensation and improvement charges to be paid to land claimants, emphasizing the need for a fair evaluation of the value of the land involved in the Smart Satellite Township dispute.Justice Wasim Sadiq Nargal dismissed the pleas as barred by res subjudice on the issue of tenancy but...

Challenging Detention Orders, Getting Stay Before Execution May Prevent Proper Examination Of Evidence: J&K High Court

The Jammu and Kashmir and Ladakh High Court has held that after challenging a detention order before its execution through legal channels, they cannot argue that the order should be quashed due to a lack of live link between the current situation and the one when the detention order was issued.A division bench of Chief Justice N Kotiswar Singh and Justice Rajesh Sekhri reasoned that...

Jammu and kashmir High Court Weekly Roundup October 2 - October 8, 2023

Jammu and Kashmir and Ladakh High CourtWeekly Roundup October 2 - October 8, 2023 Nominal Index: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...

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

Nominal Index [Citations 238-255]: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...

[Child Abuse] Jammu & Kashmir HC Seeks Govt's Stand On Suggestion To Mandate Sex Education In Schools, Establish One-Stop Complaint Centres

The Jammu and Kashmir High Court has sought government's stand on a series of recommendations put forth by lawyer-activist Meenu Padha in an ongoing suo moto case concerning protection of children from abuse and exploitation in the Union Territory.The recommendations include a suggestion to mandatorily include sex education in school curriculum and to establish one-stop complaint centres...