Court Not Barred From Assessing Detention Orders If Unjust Detention Suspected: Jammu & Kashmir High Court

The Jammu and Kashmir and Ladakh High Court has quashed a detention order observing that while the Court does not engage in evaluating the detention order as in an appellate process, it does not imply that the Court is entirely precluded from scrutinizing the detention order. Justice Puneet Gupta added that if it finds that the order is merely a facade designed to unjustly detain an...

No Father Would Falsely Accuse An Innocent Person Of Committing Rape On Mentally Unsound Minor Daughter: Jammu & Kashmir High Court

The Jammu and Kashmir and Ladakh High Court has upheld a rape conviction on the testimony of the father of the mentally unsound daughter observing that no father would falsely implicate an innocent person for such an offence. A bench of Justices Rajnesh Oswal and Moksha Khajuria Kazmi was hearing an appeal against the judgment passed by the Additional Sessions Judge which convicted the...

Govt Notifications That Create, Extinguish Rights Should Be Published In Govt Gazette Unlike Those Declaring Existing Facts: J&K High Court

The Jammu and Kashmir and Ladakh High Court has held that while government notifications that create or extinguish rights and liabilities require mandatory publication in the Government Gazette, those that inform the public about existing facts can be deemed as directory in nature.A bench of Justice Javed Iqbal Wani was hearing a petition challenging the takeover of a religious site...

CPC | Not Necessary To Assess Legality Of Underlying Circumstances While Allowing Amendment To Plaints: J&K High Court

The Jammu and Kashmir and Ladakh High Court has emphasised that when permitting amendments of plants under Order VI Rule 17 CPC, courts are not obligated to delve into the legality or illegality of the circumstances that prompted the amendment.Justice Puneet Gupta added that the order sought to be included in the amended pleadings was a matter for a forum other than the civil court.“The...

Issuance Of Process Must Reflect Application Of Mind, Can't Simply Fill Blank Spaces In Printed Proforma: Jammu & Kashmir High Court

The Jammu and Kashmir and Ladakh High Court has deprecated the practice of issuance of process on printed proforma by filling blank spaces.Bench of Justice Rajnesh Oswal reasoned that issuance of process is a serious matter and it must reflect the application of mind on the part of the concerned Magistrate though it is not incumbent upon the Magistrate to explicitly state the reasons for...

Jammu & Kashmir And Ladakh High Court Weekly Roundup: September 4 - September 10, 2023

Nominal Index: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 Union Territory of J&K...

Framing Of Charges | High Court Can't Scrutinise Evidence To Differ From Trial Court's Opinion: Jammu & Kashmir High Court

The Jammu and Kashmir and Ladakh High Court on Friday ruled that a High Court's scrutiny of the evidence and material collected by the prosecution in support of the charge, in exercise of its inherent jurisdiction under Section 561-A of the J&K Code of Criminal Procedure is not any higher than that of the court that framed the charge.“Sifting of evidence to come to a conclusion contrary...

Jammu & Kashmir High Court Quashes Detention Orders Of Prominent Clerics Moulana Abdul Rashid Dawoodi, Mushtaq Veeri

The Jammu & Kashmir High Court on Friday quashed the detention orders of two prominent clerics, Moulana Abdul Rashid Dawoodi and Mushtaq Ahmed Veeri, who were detained under the Public Safety Act (PSA) last year.Moulana Abdul Rashid Dawoodi, the leader of 'Tehreek-e-Sout-ul Auliya,' and Mushtaq Ahmed Veeri, associated with the Jamiat-Ahle-Hadees (JaH), have strong followings in the...

CPC Intended To Facilitate Justice & Not Penalise Individuals, Procedural Errors Can't Defeat A Rightful Relief: Jammu & Kashmir High Court

The Jammu and Kashmir High Court has recently emphasised that the Code of Civil Procedure is intended to facilitate justice, not to penalize individuals and courts typically do not deny rightful relief due to procedural errors or mistakes, whether they result from negligence, inadvertence, or rule violations.Justice Javed Iqbal Wani thus set aside an order passed by the Court of Special...

Only National Freedom Fighters Eligible For Benefits Under Swantantrata Sainik Samman Pension Scheme, Not Militancy Fighters: J&K High Court

The Jammu and Kashmir and Ladakh High Court has recently held that individuals who fought against militancy do not meet the criteria for pension under the Swantantrata Sainik Samman Pension Scheme. Justice Sanjay Dhar explained that the said pension scheme is particularly designed to honour those who actively participated in the National Freedom Struggle as prescribed in the SSA Pension...

Migrant's Property Cannot Be Alienated Without Revenue Minister's Permission, Not Even By Court Decree: Jammu & Kashmir High Court

The Jammu and Kashmir and Ladakh High Court has made it clear that the J&K Migrant Immovable Property 1997 prohibits alienation of immovable property of a migrant not only by act of parties but also by a decree or order of a Court or a revenue officer, without previous permission of Revenue and Relief Minister."A perusal of Section 4 of the Act of 1997 would reveal that the...

Courts To Avoid Pedantic Approach In Application For Supplementing Grounds For Delay Condonation, Unless They Determine Parties' Rights: J&K High Court

The Jammu and Kashmir High Court has recently observed that a pedantic approach should not hinder the incorporation of additional grounds in applications seeking condonation of delay. Justice Puneet Gupta emphasised that the court should refrain from overly strict or pedantic scrutiny when parties seek to introduce supplementary pleadings in applications that do not ultimately determine...