High Court of J & K and Ladakh
"Fundamentalist Muslim Cannot Be Equated With An Extremist Or A Separatist": Jammu & Kashmir High Court
"A fundamentalist Muslim cannot be equated with an extremist or a separatist," the Jammu & Kashmir and Ladakh High Court observed recently.The remarks were made by single bench of Justice Atul Sreedharan while dealing with a petition challenging preventive detention of a 22 years old Muslim man inter alia on the ground that he has become a “hard core fundamentalist”...
Jammu & Kashmir High Court Quashes Order Repatriating Employee To Parent Department After 21 Yrs
Shedding light on the law related to the timeframe for repatriating an employee to his parent department after his deputation, the Jammu & Kashmir High Court has ruled that an employee, who has been permanently absorbed into a borrowing department/organization and whose lien has been terminated in their parent organization cannot be repatriated to their parent organization.“Once...
Those Responsible For National Security Sole Judges Of What Preventive Actions Are Necessary: Jammu & Kashmir High Court Upholds Detention Order
The Jammu and Kashmir High Court recently emphasised on its limited scope to look into the manner in which the subjective satisfaction is arrived at by the detaining authority to order preventive detention of a person.“The courts do not even go into the questions as to whether the facts mentioned in the grounds of detention are correct or false. The reason for the rule is that to decide...
J&K High Court Refuses To Implement Human Rights Commission's Recommendation To Compensate Father Of Youth Killed By Security Agencies
The Jammu and Kashmir & Ladakh High Court has refused to implement the recommendation made by State Human Rights Commission to compensate the father of a youth killed by Indian Securities Agencies.State claimed the youth was a militant and he was killed in an encounter with the Army. The father denied this allegation and asserted that his son was picked up by the Security Agencies and...
Jammu & Kashmir And Ladakh High Court Weekly Round-Up: July 24 - July 30
Nominal indexSanjay Sharma Vs UT ofJ&K 2023 LiveLaw (JKL) 191Subash Chander Vs State of J&K 2023 LiveLaw (JKL) 192Pr. Commissioner of Income Tax Vs M/S The J&K Bank Ltd. 2023 LiveLaw (JKL) 193Khalid Amin Kohli Vs UT of J&K 2023 LiveLaw (JKL) 194Raj Kumar Gupta Vs Bank of India & Ors 2023 LiveLaw(JKL) 195Mohhamd Rafiq Khan Vs PNB 2023 LiveLaw (JKL) 196Abdul Rashid Wani Vs UT...
Admin Order To Take Over Madrasas Run By A Particular Trust Cannot Be Universally Applied To Other Madarsas Being Run Legitimately: J&K High Court
The Jammu & Kashmir High Court on Wednesday quashed the controversial administrative order issued by the Additional Deputy Commissioner, Kishtwar, whereby it had directed the takeover of Madrasas run by several petitioners.A bench of Justice Sanjeev Kumar observed,“…The order passed by the Divisional Commissioner, Jammu dated 14.06.2023 is very specific and pertains only to the...
Dismissing Plea On Ground Of Laches At Post-Admission Stage Not An Apparent 'Error Of Law' Warranting Review: Jammu & Kashmir High Court
The Jammu & Kashmir High Court has asserted that dismissing a plea on the ground of laches at a post-admission stage does not tantamount to an apparent error of law, and hence, the court cannot invoke its power of review.“The question of delay and laches could not have been entertained and considered by the court after the admission of the writ petition cannot by any stretch of...
Order XXII CPC For Bringing On Record Legal Heirs Of Deceased Party Apply To Proceedings For Restoration Of Suit: J&K High Court
The Jammu & Kashmir and Ladakh High Court recently clarified that the applicability of Order XXII of the Civil Procedure Code (CPC) which govern the procedure for bringing on record the legal representatives of the deceased plaintiffs/ defendants as also the procedure for setting aside of the abatement, is not limited to suits alone. Single bench of Justice Sanjay Dhar observed that...
S.34 SARFAESI Act Bars Grant Of Injunction By Civil Court For Actions Taken Under The Act: Jammu & Kashmir High Court
The Jammu and Kashmir High Court has ruled that no injunction shall be granted by any court in respect of any action taken or to be taken in pursuance of any power conferred under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act).“Section 34 of the SARFAESI Act creates a bar and provides that no injunction shall be...
Jammu Development Authority Is Creation Of Statute, Exempt From TDS Deduction On Interest U/S 194A(1) Income Tax Act: High Court
The Jammu & Kashmir High Court has ruled that the Jammu Development Authority (JDA) is to be considered a corporation established under the State Act and thus is exempt from the operation of Section 194A(1) of the Income Tax Act, 1961. The provision pertains to deduction of TDS on interest other than interest on securities like Interest on Fixed Deposits, Interest on Loans and Advances...
S.482 CrPC Cannot Be Invoked To Challenge Proceedings Initiated U/S 12 J&K Domestic Violence Act: High Court
The Jammu & Kashmir High Court has held that Section 482 of the Code of Criminal Procedure (CrPC) cannot be used to challenge the proceedings initiated under Section 12 of the Jammu and Kashmir Protection of Women From Domestic Violence Act, 2010 or the orders passed thereunder.The decision was passed by Justice Rajnesh Oswal in a petition filed under Section 482 CrPC seeking to quash...
Traditional Families Hesitant To Report Crimes Involving Dignity Of Young Woman: Jammu & Kashmir High Court
The Jammu & Kashmir and Ladakh High Court has highlighted the hesitancy of traditional families to report cases concerning the dignity of young women to the police, fearing it might jeopardize their own honour. The court emphasized that a slight delay in lodging an FIR in such cases should not be deemed fatal for the prosecution case.“…Wherein dignity of a woman that too of a younger...