High Court of J & K and Ladakh
Why Govt Accommodation Given To Individuals Under Security Cover? Jammu & Kashmir High Asks UT Administration
The Jammu & Kashmir and Ladakh High Court has directed the UT government to provide an explanation regarding the provision of official accommodation to individuals who are entitled to security cover. The directions to this effect were made by Chief Justice Kotiswar Singh and Justice Puneet Gupta while hearing a PIL seeking eviction of ex-ministers, and former legislators from...
Govt Duty Bound To Protect Evacuee Property, Cannot Act Arbitrarily As Owner With Rights Of Alienation: Jammu & Kashmir High Court
The Jammu & Kashmir and Ladakh High Court has emphasised that the government has a responsibility to safeguard, maintain, and effectively utilize evacuee properties. It cannot make arbitrary decisions or treat these properties as if it is the rightful owner with the power to sell them off, it clarified. A bench of Justice Vinod Chatterjee Koul made these observations while hearing a...
Illegal Coke Plants: Meghalaya High Court Directs DGP To File Action Taken Report
The Meghalaya High Court has issued fresh directions asking the state police to take immediate and decisive action against the illegal coke plants operating in the region. The court's order came in response to an affidavit filed by the Director-General of Police, highlighting the widespread presence of illicit coke plants and benami transactions in Meghalaya, with their actual...
Dispatch Of Notice By Bank U/S 13(2) SARFAESI Act Is An Official Act, Presumption Under Evidence Act That It Was Performed Regularly: J&K High Court
The Jammu & Kashmir and Ladakh High Court has held that dispatching of notice by a Bank under Section 13(2) of the SARFAESI Act, to the borrower to discharge in full his liabilities, is an official act with a presumption that it was performed regularly.Section 114(e) of the Evidence Act establishes a presumption that judicial and official acts are performed regularly and in the context of...
'Prior Jural Relationship' With Cooperative Society Necessary For Invoking Dispute Redressal Mechanism U/S 70: Jammu & Kashmir High Court
The Jammu and Kashmir and Ladakh High Court has clarified that Section 70 of the J&K Cooperative Societies Registration Act serves as an internal mechanism for resolving disputes among parties who already have a legal relationship with each other before the dispute arises. It cannot be applied to individuals who do not have any 'prior jural relationship' with the individuals involved in...
Jammu & Kashmir and Ladakh High Court Weekly Round-Up: June 05 To June 11
Citations 2023 LiveLaw (JKL) 148 to 2023 LiveLaw (JKL) 155NOMINAL INDEXRajni Devi Vs State of J&K 2023 LiveLaw (JKL) 148Hakim Din Vs Akbar Noor & Ors 2023 LiveLaw (JKL) 149Union of India v. S.P. Singla Construction Pvt. Ltd 2023 LiveLaw (JKL) 150Raja Sajad Ahmad Wan Vs State of J&K 2023 LiveLaw (JKL) 151M/s Best Crop Science Industrial Area Versus Union of India 2023 LiveLaw...
Jammu & Kashmir High Court Upholds Acquittal Of Alleged Lashkar-E-Taiba Members Due To 'Unreliable' Prosecution Evidence
Terming the evidence of prosecution as highly unreliable, the Jammu and Kashmir and Ladakh High Court has upheld the acquittal of alleged active members of Lashkar-e-Taiba, who as per prosecution were hell-bent upon creating unrest in the valley and had been indulging in the acts of sabotage and terrorist activities to dislodge the Governments.Expressing serious reservations against the...
Examination-In-Chief Of Witness Can't Fasten Liability Unless Opposite Party Is Afforded Opportunity To Cross Examine: Jammu & Kashmir High Court
Upholding the acquittal of a Police officer in a 20 year old rape case, the Jammu and Kashmir and Ladakh High Court has said that examination-in-chief of a witness cannot be taken into consideration to fasten any liability, unless the opposite party is afforded a reasonable opportunity to cross-examine said witness as regards information tendered by him in his examination-in-chief. "It shall...
No Appeal Or Revision Against Delay Condonation In Filing Application U/S 34 For Setting Aside Arbitral Award: Jammu & Kashmir High Court
The Jammu and Kashmir and Ladakh High Court has held that no appeal or revision would lie against an order allowing an application for condonation of delay accompanying an application filed under section 34 of the Arbitration and Conciliation Act for setting aside arbitral award.A bench of Justice Javed Iqbal Wani said the legislature by using expression an appeal shall lie from the...
GST Budgetary Support Scheme Can’t Be Interpreted Liberally: J&K And Ladakh High Court
The Jammu & Kashmir and Ladakh High Courts have held that the GST Budgetary Support Scheme cannot be interpreted liberally.The bench of Chief Justice N. Kotiswar Singh and Justice Vinod Chatterji Koul has observed that the new scheme provides certain benefits by way of budgetary support to such units that were granted excise duty exemption under an earlier tax regime prior to the...
Jammu & Kashmir High Court Acquits Man In 22 Years Old Rape Case
The Jammu and Kashmir and Ladakh High Court recently acquitted a man accused of having committed a rape about 22 years ago. It observed that non-examination of the material Prosecution witnesses i.e. the Doctor and the Investigating Officer, not only causes prejudice to the case of the accused, but also to the case of the Prosecution and creates a reasonable doubt against his involvement in...
Requirement To Refer The Claims To Dispute Adjudication Board (DAB) Is Mandatory: Jammu & Kashmir And Ladakh HC
The High Court of Jammu & Kashmir and Ladakh has held that the requirement to refer the dispute to DAB, as per the GCC of FIDIC Contracts, is mandatory and the failure to comply with the provision results in making the dispute non-arbitrable. The bench of Justice Vinod Chatterji Koul held that when the agreement between the parties provides for reference of claims to DAB as...