High Court of J & K and Ladakh
Srinagar Admin Imposes Restrictions Under Section 144 CrPC On J&K High Court Bar Association Elections, Gathering Of 4 Or More Prohibited
The District Magistrate in Srinagar has imposed restrictions under Section 144 of the Criminal Procedure Code (CrPC) on the holding of elections to the J&K High Court Bar Association (JKHCBA) Srinagar and warned of punitive action in case of gathering of four or more people at District Court Complex, Mominabad, Batamaloo, or any other location for the purpose of the HCBA elections...
[PSI Recruitment Scam] Completion Of Investigation Qua Accused, Not Investigation Of Entire Case Material To Determine Default Bail: J&K High Court
The Jammu & Kashmir and Ladakh High Court on Friday rejected the applications for default bail moved by several accused in the J&K Police Sub-inspector Recruitment Scam, including alleged mastermind Yatin Yadav.The petitioners had contended that the investigating agency found two sets of conspiracy. They claimed that though it investigated the smaller conspiracy according to...
[J&K Civil Service Rules] Contractual Employee Not Entitled To Full-Fledged Regular Enquiry Before Termination: High Court
The Jammu and Kashmir High Court on Tuesday ruled that a contractual employee is not entitled to a full-fledged regular enquiry before termination, even if the termination is stigmatic in nature.Justice Sanjay Dhar made these observations in a case filed by a Gram Rozgar Sahayak (GRS) who was terminated from his services by the Rural Development Department. The petitioner had challenged...
S.397(3) CrPC | Filing Revision Petition Before Sessions Court Doesn't Bar High Court's Inherent Jurisdiction: Jammu & Kashmir HC
The Jammu & Kashmir High Court while emphasising the wide amplitude of the High Court's inherent powers has clarified that filing a revision petition before a Sessions Court does not preclude the petitioner from invoking the inherent jurisdiction of the High Court under Section 482 of the Code of Criminal Procedure (Cr.P.C). A bench of Justice M A Chowdhary made these clarifications...
No FIR Against Detenu, Record Appears To Be Manipulated: Jammu & Kashmir High Court Quashes Preventive Detention Order
The Jammu and Kashmir and Ladakh High Court has quashed a preventive detention order passed against a person in absence of any FIR against him. A single bench of Justice Sanjay Dhar remarked,"Surprisingly, when no FIR is shown to have been registered against the petitioner, then how come 27 leaves of FIR etc. have been provided to him. This exhibits total non-application of mind...
Fitness Certificate Implicit In Temporary Registration Certificate For New Vehicles: Jammu & Kashmir High Court
The Jammu and Kashmir & Ladakh High Court has held that a fitness certificate is implicitly included in the temporary registration certificate issued to a brand-new vehicle and hence repudiating an insurance claim solely based on the absence of a fitness certificate is not sustainable in law.“…The object behind the requirement of a fitness certificate under Section 56 of the Act and...
Insurer Bound By Contract Entered Into By Authorized Agent On Its Behalf, Premium Paid By Insured To Agent Binds Company: J&K High Court
Upholding the liability of an insurance company for compensation despite a dishonoured premium cheque, the Jammu and Kashmir & Ladakh High Court has recently ruled that that the insurance company cannot evade its responsibility if an authorized agent collects the premium in cash but issues a personal cheque that later bounces.“It would be deemed as if the amount of the premium had...
J&K Hindu Succession Act | Will Can Be Executed In Favour Of Unrelated Person: High Court
The Jammu and Kashmir High Court has made it clear that a Will under Section 27 of the Jammu and Kashmir Hindu Succession Act can be executed in favour of a person who is not even related to the executant.A single bench of Justice Vinod Chaterjee Koul said Will is statutorily recognized mode of "alteration of natural line of succession" delineated by Hindu Succession Act without any...
Jammu & Kashmir And Ladakh High Court Weekly Round-Up: July 03 To July 09
Nominal IndexUnion 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 and others 2023...
PSA | Jammu & Kashmir High Court Pulls Up District Magistrate For Wrongly Mentioning Detenu's Name, Issuing Corrigendum As "Cover Up"
The Jammu and Kashmir High Court recently slammed a District Magistrate for wrongly mentioning the name of detenu in the operative part of the preventive detention order issued under the J&K Public Safety Act and issuing a "so-called" corrigendum after detention.Ashfaq Ahmed, the petitioner was detained on March 21. Operative portion of the preventive detention order however mentioned...
Jammu & Kashmir High Court Sets Aside Rape Conviction After 17 Yrs, Says Non-Compliance With Section 313 CrPC Prejudiced Accused
While setting aside a rape conviction handed down 17 years ago, the Jammu & Kashmir and Ladakh High Court highlighted a crucial failure on the part of the Trial Court to adhere to the mandatory procedure outlined in Section 313 of the Criminal Procedure Code. It emphasized that convicting the appellant-accused solely based on incriminating evidence, without providing an opportunity to...
Jammu & Kashmir High Court Grants Anticipatory Bail To Phyang Councillor Accused Of Forging His Birth Certificate For LAHDC Polls
The Jammu & Kashmir and Ladakh High Court last month (vide order made available today) granted anticipatory bail to Tundup Nurbu, the Councillor of Phyang Constituency of Ladakh Autonomous Hill Development Council (LAHDC) accused of forging his birth certificate to fight LAHDC polls.The case was registered based on a complaint filed by his opponent, Skalzang Dorjey alleging that Nurbu who...