Jammu & Kashmir High Court Grants Relief To Islamic Cleric Detained Based On FIR Which Concluded In Acquittal

The Jammu & Kashmir and Ladakh High Court has quashed the detention order passed against Abdul Majeed Dar, a prominent Islamic cleric popularly known as AL Madnee.Madnee had argued that the detention order lacked independent application of mind and was influenced by a dossier furnished by a sponsoring agency. He also stated that the impugned order passed in 2022 was based on a FIR...

Jammu & Kashmir High Court Refuses To Postpone Civil Judge Exam, Says Candidates Expected To Be Prepared

Dismissing a fresh plea seeking deferment of the Civil Judge Exam for more preparation time to aspirants, the Jammu and Kashmir and Ladakh High Court on Thursday said that once the candidate is ready to apply for any particular post, he cannot claim a specific period for preparation as he is supposed to be prepared.Court dismissed the plea moved by fifteen aspirants challenging the...

Degrees Issued By Private Universities Not Recognised By UGC Invalid For Govt Jobs: Jammu & Kashmir High Court Reiterates

The Jammu & Kashmir High Court has reiterated that a degree issued by a private university through a study centre or off-campus centre that lacks prior approval from the UGC is invalid and cannot be utilised to secure employment within the Government sector.Justice Sanjay Dhar added that when the petitioner himself was not eligible to be selected, he could not challenge the selection...

Jammu & Kashmir High Court Dismisses Plea By Civil Judge Aspirants Seeking Relaxation Of Upper Age Limit

The Jammu and Kashmir High Court has dismissed a petition filed by a group of candidates seeking age relaxation for the Kashmir Civil Service (KCS) Judicial Examinations.The upper age limit for appearing in the exam scheduled this Sunday is 35 years. Petitioners herein, 23 in number, were aged 36-38 years.The court said that while participating in the recruitment process, a candidate...

Jammu & Kashmir And Ladakh High Court Weekly Roundup: 25 September - 1 October, 2023

Nominal Index:Dilshad Sheikh & Ors vs Sabha Sheikh 2023 LiveLaw (JKL) 251Bashir-Ud-Din Vs UT Of J&K 2023 LiveLaw (JKL) 252Hotel Ashai Srinagar & Ors. Vs State of J&K 2023 LiveLaw (JKL) 253Ama Teli V/s Manzoor Ahmad Bhat and others 2023 LiveLaw (JKL) 254Sheikh Abdul Majeed Vs UT of J&K 2023 LiveLaw (JKL) 255Judgments/Orders:FIR Can Be Registered On Complaint Received...

Offences Under Prevention Of Corruption Act Can Be Invoked Against Persons Discharging Public Duty, Not Only Public Servants: J&K High Court

The Jammu & Kashmir High Court on Tuesday held that a broad interpretation of the term "public servant" under Section 2(c) of the Prevention Of Corruption Act is essential to curb the growing menace of corruption in the society imparting public duty. Justice Wasim Sadiq Nargal also clarified that it would be inappropriate to limit the definition by an interpretation which would be...

J&K Agrarian Reforms Act | Landlord-Tenant Relationship To Be Established Between Parties To Avail Ownership Rights U/S 4, 8 : High Court

The Jammu and Kashmir and Ladakh High Court has recently ruled that in order to get the benefit of Sections 4 and 8 of the Agrarian Reforms Act, 1976 it has to be established that there was a relationship of a landlord and tenant between the parties and a tenant who was in possession of the land was paying rent to the landlord.Justice Javed Iqbal Wani emphasized that the Act aimed to...

Jurisdiction U/Art 226 Not Confined To Administrative, Executive Actions Of State, Also Extends To Promissory Estoppel: J&K High Court

The Jammu and Kashmir and Ladakh High Court recently observed that the High Court's authority under Article 226 of the Constitution is not confined to scrutinizing the administrative and executive decisions of the government but also applies to the applicability of the doctrine of promissory estoppel.Justice Wasim Sadiq Nargal observed that jurisdiction under Article 226 can be invoked to...

History Sheets Only To Be Opened If Authority Reasonably Convinced Of Habitual Offending: Jammu & Kashmir High Court

The Jammu and Kashmir and Ladakh High Court recently ruled that law enforcement shall strictly adhere to established parameters in Police Rules while opening or retaining history sheets. It added that a history sheet can be opened only on the subjective satisfaction of the authority that the person is a habitual offender. Justice M A Chowdhary added that authorities must exercise this...

FIR Can Be Registered On Complaint Received Via WhatsApp: Jammu & Kashmir High Court

The Jammu and Kashmir and Ladakh High Court recently held that registration of complaints via WhatsApp, coupled with acknowledgement by relevant authorities, is substantial compliance of Sections 154(1) and 154(3) of CrPC- provisions pertaining to registration of FIRs.Justice Javed Iqbal Wani made this observation while hearing a plea challenging a complaint filed by the respondent under...

Jammu & Kashmir And Ladakh High Court Weekly Roundup: September 11 - September 17, 2023

Nominal Index:Sajad Ahmad Mir V/s Mukhtair ul Qadir 2023 LiveLaw (JKL) 245Mohammad Rafiq Mir Vs Mohamad Bhat 2023 LiveLaw (JKL) 246Intizamiya Committee Dargah and Anr v. Union Territory of J&K and Ors 2023 LiveLaw (JKL) 247Nikhil Sharma Vs State of J&K and others 2023 LiveLaw (JKL) 248Abdul Rashid Dar vs. UT Of J&K 2023 LiveLaw (JKL) 249Brij Mohan Sawney Vs Sanjeev Kumar Gupta...

J&K Arbitration And Conciliation Act | Filing Application U/S 5 Not Bar To Referral For Arbitration U/S 8(1): High Court

The Jammu and Kashmir and Ladakh High Court has clarified that filing of the application under Section 5 of the Jammu and Kashmir Arbitration and Conciliation Act, 1997 cannot be construed as a submission of statement of the substance of the dispute within the meaning of Section 8(1) of the Act to create a legal bar in referring the matter to an arbitratorSection 8(1) of the Act prescribes...