High Court of J & K and Ladakh
Jammu & Kashmir And Ladakh High Court Dismisses Writ Petition Challenging SCN Regarding Export Of Banned Yarn Shawls
The Jammu & Kashmir And Ladakh High Court has dismissed a writ petition challenging a show cause notice regarding the export of banned yarn shawls.The bench of Justice Vinod Chatterji Koul has observed that the act of respondents in seizing consignments or goods took place in Delhi, followed by other events including the issuance of show cause notices, etc., so it is the courts or forums...
[S.55 NDPS Act] Prosecution Obliged To Prove 'Safe Custody' Of Contraband Upon Seizure, Non-Compliance Leads To Acquittal: Jammu & Kashmir High Court
Highlighting the significance of Section 55 of the NDPS Act, the Jammu & Kashmir and Ladakh High Court has said that this provision was specifically introduced to deter any attempts to tamper with contraband. It stresses the crucial need for promptly transferring it to the secure storage of police stations and timely forwarding it to the Forensic Science Laboratory (FSL)The burden lies on...
[Motor Accident] Claimant Can't Rely On Disability Certificate Without Examining Doctor Who Provided Treatment Or Assessed Disability: J&K High Court
The Jammu and Kashmir High Court has recently underscored the critical role of accurate medical evidence in assessing disability and income for determining just compensation in motor accident claims. A bench comprising Justice Sanjay Dhar has observed, "In order to ascertain the nature of disability of an injured/claimant and its effect upon his earning capacity, the Tribunal has to make...
J&K Land Acquisition Act | Collector Has No Power To Recall Or Review Compensation Award: High Court
The Jammu and Kashmir and Ladakh High Court has held that once an award has been made under Section 11 of the State Land Acquisition Act, 1990 the same is final and binding on the parties. The Collector has no authority to recall or review an award after it has been passed, it clarified. A bench comprising Justices Sanjeev Kumar and Justice Rajesh Sekhri made these observations while...
Jammu Lawyers Oppose Proposal To Shift Jammu & Kashmir High Court To Raika
The lawyers community in Jammu is up in arms over the proposed relocation of the Jammu & Kashmir High Court to Raika.Lawyers from the Jammu & Kashmir High Court Bar Association, Jammu (JKHCBAJ) have resolved to stage a protest in the national capital if their concerns are not addressed. The lawyers argue that shifting the High Court complex would cause severe hardships for both...
Iltija Javed Moves Jammu & Kashmir High Court Challenging Issue Of Conditional Passport, CID's "Top Secret" Report Against Her
The Jammu & Kashmir and Ladakh has issued notice on a petition moved by Iltija Javed, daughter of former CM Mehbooba Mufti, challenging the issue of a conditional passport that restricts the scope of her travel abroad.Iltija's passport is valid only for two years (against the norm of 10 years) and is valid only for travel to the United Arab Emirates (UAE) for the purpose of her...
Jammu & Kashmir and Ladakh High Court Weekly Round-Up: June 12 - June 18
Nominal IndexShukal Singh Vs v/s G.M., Jammu Co-Operative Wholesale Ltd.& Anr 2023 LiveLaw (JKL) 156M/S Shaf Sons through Gowhar Ahmad Mir & Another Vs Jammu & Kashmir Bank Ltd. & Ors 2023 LiveLaw (JKL) 157Mohammad Sultan Nagoo vs Custodian Evacuee Property and others 2023 LiveLaw (JKL) 158Ravinder Singh Vs J&K Sports Council 2023 LiveLaw (JKL) 159Naseema Begum Vs UT...
Jammu & Kashmir And Ladakh High Court Orders State To Pay Rs 5 Lakh Compensation To Family Of Undertrial Killed In Srinagar Central Jail
Granting a compensation of an amount of Rs. 5 Lakh to the kin of an undertrial who was killed as a result of an attack by a co-prisoner inside Srinagar Central Jail, the Jammu and Kashmir and Ladakh High Court observed that the prison authorities cannot be absolved of their duty to ensure the safety and security of the undertrials."Even though the deceased was an undertrial in a murder case,...
Jammu & Kashmir And Ladakh High Court Allows Raising Of Temporary Structures In Sonamarg For Amarnath Yatra
The High Court of Jammu and Kashmir and Ladakh has granted approval for construction of temporary structures in and around Sonamarg, a popular tourist destination, for the annual Amarnath Yatra.A division bench of Chief Justice N Kotiswar Singh and Justice Moksha Khajuria Kazmi said the temporary structures be demolished on completion of the Yatra by restoring the earlier position in...
State Cannot 'Pick & Choose' In Selection Process, Must Provide Non-Discriminatory Reasons For Appointment: Jammu & Kashmir High Court
The Jammu and Kashmir and Ladakh High Court has observed that when exceptionally qualified candidates are not offered appointments, the State must provide valid and non-discriminatory reasons for its decision. The State, especially when it functions as an employer, is obligated to adhere to the principles outlined in Article 14 of the Constitution, it emphasised. A bench of Justice Javed...
Civil Court Can Seek Police Assistance To Enforce Temporary Injunctions: Jammu & Kashmir High Court
The Jammu and Kashmir and Ladakh High Court has said that while the Code of Civil Procedure (CPC) does not explicitly provide for police assistance in enforcing temporary injunctions, Section 151 of the Code allows the Civil Court to exercise inherent powers to ensure justice and prevent abuse of the court's process.This provision grants the court the authority to direct the police to...
Presumption Of Guilt U/S 29 POCSO Act Rebuttable: Jammu & Kashmir High Court Grants Bail To Woman Accused Of Facilitating Her Daughter's Rape
The Jammu and Kashmir and Ladakh High Court has granted bail to a woman, accused of assisting the primary suspect in a POCSO case filed over alleged rape of her own daughter. Presumption of guilt under Section 29 is rebuttable and if the accused can demonstrate to the court during the trial that there is material evidence contradicting the presumption of guilt, they may be granted bail, a...