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...

Jammu & Kashmir High Court Sets Aside "Unceremonious Disengagement" Of Special Police Officer For Non-Compliance Of Natural Justice Principles

The Jammu & Kashmir High Court has quashed the dismissal of a Special Police Officer (SPO) and reinstated him to his position, reiterating that adherence to the principles of natural justice is nothing but common sense justice.“…You cannot condemn a person to suffer an adverse consequence in the context of his public position/employment without affording him/her an opportunity of...

Jammu & Kashmir And Ladakh High Court Weekly Round-Up: 17 July To 23 July, 2023

Nominal Index:Mohd. Abdullah Vs Manager, Trumboo Cement Industry Limited and Another 2023 LiveLaw (JKL) 184National Insurance Company Limited Vs Mst. Aisha Bano & Ors. 2023 LiveLaw (JKL) 185Commissioner of Central GST and Central Excise Vs Krishi Rasayan Exports Pvt. Ltd 2023 LiveLaw (JKL) 186Mohammad Yousuf Allie Vs High Court of JK Th. its Registrar General & Anr 2023...

Juvenile Justice Board Is 'Criminal Court' Justifying Withholding Of Passport U/S 6(2)(f): Jammu & Kashmir High Court

The Jammu & Kashmir High Court has clarified that a Juvenile Justice Board possesses all the trappings of a Criminal Court, justifying the non-issuance of passport or travel documents under Section 6(2)(f) of the Passport Act to a person facing proceedings before the JJB.Section 6(2)(f) provides for refusal of passport where proceedings in respect of an offence alleged to have been...

Indicate Steps Taken To Address Shortage Of Medical Officers, Staff In Jammu & Kashmir: High Court To Govt

The Jammu & Kashmir and Ladakh High Court has sought a report from the UT administration indicating the steps taken to address the critical shortage of Medical Officers and staff in the region.The direction to this effect was passed by a bench of Chief Justice N Kotiswar Singh & Justice M A Chowdhary while hearing a PIL filed in 2018 by RTI Activist Balwinder Singh alleging...

Jammu & Kashmir High Court Declines Contempt Action Against SSB Chairman Citing UT Admin's Decision Withdrawing Posts After Reorganisation

The Jammu and Kashmir High Court today refused to initiate contempt action against the Chairman of J&K Service Selection Board for non-compliance of its 2013 direction for undertaking fresh selection process to the posts of Assistant Information Officer Grade-II for which the advertisement was issued in 2006.A bench of Chief Justice N Kotiswar Singh & Justice Javed Iqbal Wani noted...

Jammu & Kashmir High Court Upholds Termination Of Judicial Officer, Says Fraudulent Appointments Not Entitled To Safeguards Under Article 311

The Jammu & Kashmir High Court on Wednesday upheld the termination of a judicial officer on the ground that he fraudulently obtained the benefit of “Resident of Backward Area” certificate during the selection process.RBA certificate in J&K is akin to a caste certificate elsewhere, based on which the benefit of reservation is taken in Government service.Court said a person who...