High Court of J & K and Ladakh
Jammu & Kashmir And Ladakh High Court Weekly Roundup: 31 July - 6 August, 2023
Nominal Index:Ghulam Rasool Sofi Vs State Of J&k 2023 LiveLaw (JKL) 199Mohammad Younis Mir Vs Union Territory of J&K & Anr 2023 LiveLaw (JKL) 200Ravinder Kumar Vs State of J&K 2023 LiveLaw (JKL) 201Shahbaz Ahmad Palla 2023 LiveLaw (JKL) 202Yoginder Singh Vs Union Of India 2023 LiveLaw (JKL) 203Imran Nabi Wani Vs UT of J&K 2023 LiveLaw (JKL) 204State Of J&K Vs...
CRPF | Mere Receipt Of Termination Order In Kashmir Doesn't Confer Jurisdiction To Hear Challenge Against Order Passed In Patna: J&K High Court
The Jammu and Kashmir and Ladakh High Court recently refused to hear challenge to an order passed by CRPF commandant in Patna terminating the services of a personnel, merely because the latter received such order in Kashmir.A single bench of Justice Sanjay Dhar observed,"In the instant case, the order whereby the petitioner has been declared as a ‘deserter’ has been passed by Commandant...
Jammu & Kashmir And Ladakh High Court Half Yearly Digest [January - June 2023]
Nominal Index [Citations 1- 168]:Gulshan Nazir Vs Union of India 2023 LiveLaw (JKL) 1M/S Aisha Construction Vs JKCA 2023 LiveLaw (JKL ) 2Manzoor Ahmad Mir Vs UT of J&K 2023 LiveLaw (JKL) 3Godrej Consumer Products Limited Versus Union of India 2023 LiveLaw (JKL) 4Mst Zaiba Vs Ghulam Ahmad Zargar & Ors 2023 LiveLaw(JKL) 5Zahid Nabi Khan Vs UT of J&K 2023 LiveLaw (JKL) 6Khazir...
'Toilets For Both Boys & Girls Absolutely Essential For Smooth Functioning Of Schools': Jammu & Kashmir High Court Sets One Month Deadline
The Jammu and Kashmir High Court has ordered swift action for the enhancement of infrastructure facilities in both Primary and Secondary Schools across urban and rural areas in the Union Territory of Jammu & Kashmir and Ladakh.A bench of Chief Justice N. Kotiswar Singh & Justice Wasim Sadiq Nargal emphasized the paramount importance of adequate infrastructure, stating,“...The...
Notaries Empowered To Attest Affidavits For Writ Proceedings Before High Court: Jammu & Kashmir HC
The Jammu & Kashmir High Court on Wednesday upheld the validity of affidavits attested by Notaries appointed under the Notaries Act 1952 for use in writ proceedings before the High Court.Single bench of Justice Sanjay Dhar rejected the preliminary objection raised by private respondents, arguing that affidavit accompanying a writ petition has to be attested by the Oath Commissioner only....
UAPA | Jammu & Kashmir High Court Issues Guidelines To Expedite Trials Especially During Stage Of Prosecution Evidence
The Jammu & Kashmir High Court has issued a set of guidelines to Trial Courts in the State to expedite trials, especially during the stage of prosecution evidence. The guidelines came to be passed by a bench of Justice Atul Sreedharan & Justice Mohan Lal while hearing an appeal filed by a UAPA accused, seeking bail.The appellant's counsel argued that the delay in trial violated...
Non-Disclosure Of Material Information By Probationer Sufficient Ground For Termination Without Formal Enquiry: Jammu & Kashmir High Court
The Jammu & Kashmir High Court has recently ruled that non-disclosure of material information or submission of false information by a government employee, especially in a belt force like the Central Reserve Police Force (CRPF), can be sufficient ground for termination without the need for a formal enquiry, if the employee is on probation.“…Even if the employer comes to know about...
'In Case Based On Circumstantial Evidence, Motive Assumes Importance': Jammu & Kashmir HC Upholds Acquittal In 15 Yrs Old Murder Case
The Jammu & Kashmir and Ladakh High Court recently upheld the acquittal of a murder accused in a 15 years old case that was based on circumstantial evidence, stating the prosecution failed to show an unbroken chain of events to prove the guilt of the accused.“Where a series of circumstances are dependent on one another, they are to be read as one ingredient as a whole and not separately...
Jammu & Kashmir And Ladakh High Court Monthly Digest: July 2023
Nominal index [Citations 169 - 198]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 High Court Upholds Preventive Detention Of Man Accused In Srinagar DySP Lynching Case
The Jammu and Kashmir High Court on Wednesday upheld the preventive detention of a man who is also the main accused in the DySP lynching case that occurred in Srinagar's Nowhatta area in 2017.The incident dates back to the intervening night of 22nd and 23rd June 2017 when a Deputy Superintendent of Police (DySP) of the security wing of J&K Police was lynched to death by a mob outside...
CRPF | Heavy & Onerous Responsibility On Disciplinary Authority To Ensure Punishment Proportionate To Misconduct: Jammu & Kashmir High Court
Emphasising the vital role of the Disciplinary Authority in ensuring that punishments imposed on delinquent officials are proportionate to their misconduct, the Jammu & Kashmir and Ladakh High Court has quashed the dismissal order of a paramilitary personnel.“The heavy and onerous responsibility lies with the Disciplinary Authority to ensure that the punishment proportionate to...
Prior Permission Mandatory For Jammu & Kashmir High Court Officials To Apply For Competitive Exams Or Further Studies
In a recent circular, the Jammu & Kashmir and Ladakh High Court has addressed a concerning trend among its officers and officials seeking permission to appear in competitive examinations or pursue further studies after submitting their application forms.The circular, dated 25-07-2023 issued to this effect emphasises the importance of seeking permission prior to submitting examination...