J&K Distillery Rules | State Can't Levy Excise Duty On Rectified Spirit Unfit For Human Consumption: High Court

The Jammu and Kashmir High Court has recently ruled that the State does not possess the requisite legislative competence to impose Excise Duty on rectified spirit not suitable for human consumption as per Rules 107 and 108 of the Jammu & Kashmir Distillery Rules. Justice Moksha Khajuria Kazmi interpreted the Jammu and Kashmir Excise Act to allow Excise Duty only on spirits that had...

Building Violations: High Court Seeks Jammu Municipal Commissioner's Affidavit, Asks Whether Action Initiated Against Erring Enforcement Inspectors

Taking note of the pressing issue of building violations, the Jammu and Kashmir and Ladakh High Court has directed the Municipal Commissioner of Jammu to furnish an exhaustive affidavit, outlining the extent and gravity of both major and minor building violations along with the steps taken to rectify the situation, particularly in Green Belt Park and Gandhi Nagar areas.The directions to...

Court Can Review Detention Orders Despite Detaining Authority's Subjective Satisfaction: Jammu & Kashmir High Court

While acknowledging the principle of not ordinarily interfering with the detaining authority's subjective satisfaction, the Jammu and Kashmir and Ladakh High Court on Wednesday clarified that this principle does not preclude the court from examining the material that forms the basis of detention.Justice Puneet Gupta found that while the detention order need not be preceded by a police case,...

Jammu & Kashmir High Court Imposes 1 Lakh Penalty On State For Bypassing Land Acquisition Procedures

Coming down heavily against the state administration for forcibly acquiring land without due process and compensation, the Jammu and Kashmir High Court imposed a penalty of Rs. 1 lakh on the state for violating the constitutional right to property. Justice Wasim Sadiq Nargal emphasised that property rights are a cornerstone of a democratic society governed by the rule of law and that the...

Engaged In Anti-National Activities Since Tender Age: J&K High Court Upholds Detention Of Alleged Dukhtaran-e-Milat Operative

The Jammu and Kashmir High Court has upheld a preventive detention order issued against Haseena Akhter who is allegedly associated with the banned outfit Dukhtaran-e-Milat.Justice M.A Chowdhary upheld the detention order upon finding that the detenu was involved in anti-national activities from a young age and her activities posed a potential threat to the security of the State, justifying...

Appellant Should Also Challenge Decree Not Just Judgment U/S 96 CPC: Jammu & Kashmir High Court

The Jammu and Kashmir High Court on Tuesday highlighted that an appeal must challenge the decree passed by the original court, not just the judgment as mandated by Section 96 of the Code of Civil Procedure (CPC). Justice Puneet Gupta emphasised that the responsibility to challenge the decree rested with the appellants and that their failure to do so within the stipulated time period could not...

"Useless Formality Theory": J&K High Court Says Post-Decisional Hearing Can Remove Procedural Deficiency Of Pre-Decisional Hearing

The Jammu and Kashmir High Court recently observed that the "Useless Formality Theory" would be relevant in cases where a party's case lacks substance or chances of success are slim, and applying natural justice principles would not change the outcome.The Bench comprising Justice Javed Iqbal Wani clarified that even in such cases, taking recourse to a post-decisional hearing can fix...

Mistake Of Fact Or Law Not Ground To Entertain Article 227 Petition Unless There Is Manifest Miscarriage Of Justice: Jammu & Kashmir High Court

The Jammu and Kashmir High Court has underscored that a petition under Article 227 of the Constitution cannot be invoked merely on the basis of personal dissatisfaction with court orders.Justice Puneet Gupta stressed that orders cannot be set aside without substantial grounds, and even errors of fact or law may not warrant interference unless they result in a clear miscarriage of justice.The...

J&K Land Acquisition Act | Deputy Commissioner Not Authorized To Make Section 6 Declarations On 'Public Purpose': High Court

Shedding light on crucial aspects of the land acquisition process under the J&K Land Acquisition Act, 1990, the Jammu and Kashmir and Ladakh High Court has held that a Deputy Commissioner exercising the powers of a particular district has not been delegated with the power to make a declaration under Section 6 of the Act which is conclusive evidence that the land is needed for...

Simultaneous Prosecution Under PMLA, UAPA Not Double Jeopardy: Jammu & Kashmir High Court

Emphasizing that the offence under Section 3 of the Prevention of Money Laundering Act (PMLA) is distinct and independent from offences under the Unlawful Activities (Prevention) Act (UAP Act), the Jammu and Kashmir and Ladakh High Court has held that simultaneous prosecution under both laws does not amount to double jeopardy.A bench of Justice Sanjay Dhar observed,“These offences are...

Jammu & Kashmir And Ladakh High Court Weekly Roundup: August 14 - August 20, 2023

Nominal Index:MANAGING DIRECTOR JK HANDICRAFTS Vs AGA SYED MUSTAFA & ANR 2023 LiveLaw (JKL) 215Aamir Javid Waza and ors. Vs Gousia Jan and Ors 2023 LiveLaw (JKL) 216MOHAMMAD ASHRAF RESHI Vs STATE OF J&K 2023 LiveLaw (JKL) 217Abdul Rashid Dar and others Vs Ghulam Qadir Dar and others 2023 LiveLaw (JKL) 218Inder Jeet Singh Vs ICICI Lombard and another 2023 LiveLaw (JKL) 219Vishwakarma...

25 Years On, Jammu & Kashmir High Court Orders Compensation To Landowners Affected By Ranjit Sagar Dam Submersion

The Jammu & Kashmir High Court recently directed the Union Territory to pay compensation to the landowners whose properties were submerged due to the construction of the Ranjit Sagar Dam (also known as Thein Dam Project) over 25 years ago. Justice Wasim Sadiq Nargal added that the petitioners should not have to wait for intergovernmental settlements for the disbursement obligated...