High Court of J & K and Ladakh
Cantonment Board Cannot Levy Bar License Fee Based On Restaurant's Annual Revenue: Jammu & Kashmir High Court
The Jammu and Kashmir and Ladakh High Court has ruled that a Cantonment board cannot levy trade license fee from a restaurant operating within its jurisdiction based on the restaurant's annual revenue. A bench comprising Justice Moksha Khajuria Kazmi observed,"Claim of the respondents (Cantonment Board) of fixing the licence fee proportionate to the revenue earned by the petitioner...
All ACR Entries Of Public Servant Must Be Communicated To Him With Reasonable Opportunity To Make Representation: Jammu & Kashmir High Court
The Jammu and Kashmir and Ladakh High Court has ruled that all entries in Annual Confidential Reports (ACR) of an employee, including adverse entries, should be communicated to him with reasonable opportunity to make a representation against it.The observations were made by Justice Wasim Sadiq Nargal while hearing a plea in terms of which the petitioner sought directions upon the respondents ...
Motor Accident Tribunal Possesses All Trappings Of Court Though Not Bound By Stringent Procedures Of CPC & Evidence Act: Jammu & Kashmir High Court
The Jammu and Kashmir and Ladakh High Court has reiterated that a Tribunal constituted under the Motor Vehicle Act, 1988 with its ability to summon and examine witnesses, cross-examine them, and order the disclosure of documents, possesses all the trappings of a court though not bound by the stringent procedures outlined in the Civil Procedure Code and Evidence Act.Justice Javed Iqbal Wani...
Jammu & Kashmir High Court Stays FIR Lodged In Punjab Against Mata Vaishno Devi Shrine Board CEO
The Jammu and Kashmir and Ladakh High Court has stayed an investigation being conducted by the Punjab Police into an FIR filed against Anshul Garg, an IAS cadre officer and the chief executive officer of Shri Mata Vaishno Devi Shrine Board. Garg's estranged wife had filed the impugned FIR at a women's police station in Patiala, accusing him of various offences including demanding...
Jammu & Kashmir And Ladakh High Court Weekly Round-Up: May 22 To May 28
Nominal IndexMushtaq Ahmad Dar Vs Enforcement Directorate & Ors 2023 LiveLaw (JKL) 127Suraj Chand Vs Bajaj Allianz Insurance Co. Ltd 2023 LiveLaw (JKL) 128Swarn Salaria Vs Baldev Raj Sharma & Ors. 2023 LiveLaw (JKL) 129Atta Mohd Khan Vs UT of J&K 2023 LiveLaw (JKL) 130Farooq Ahmad Parray Vs UT of J&K 2023 LiveLaw (JKL) 131Muneer Ahmad Paswal Vs Union of India 2023 LiveLaw...
High Court Seeks Progress Report On Transgender Rights In Jammu & Kashmir And Ladakh
The Jammu and Kashmir and Ladakh High Court has issued a fresh directive to the Union Territory of J&K and the Union Territory of Ladakh in response to a Public Interest Litigation (PIL) advocating for the rights of transgender individuals. The court has instructed both territories to provide an updated status report on their compliance with the various directives, enabling the court to...
J&K Special Tribunal Can Refer Matters To High Court For Initiating Proceedings Under Contempt Of Courts Act: Jammu & Kashmir High Court
The Jammu and Kashmir and Ladakh High Court on Thursday held that J&K Special Tribunal is deemed to be a "court" subordinate to the High Court for the purposes of Section 10 of the Contempt of Courts Act and, therefore, shall be well within its powers to refer an appropriate case to the High Court for initiating appropriate proceedings against the violators of its orders or against those...
Detaining Authority Should Communicate To Detenue Time Limit In Which He Can Make Representation Against Detention: Jammu & Kashmir High Court
The Jammu and Kashmir and Ladakh High Court on Thursday said that a detaining authority should communicate to the detenue, in the grounds of detention, the time limit in which he can make a representation to it i.e., till the approval of the detention order by the State Government.Justice M A Chowdhary reasoned that the detenue’s right to make a representation to the detaining authority is...
Jammu & Kashmir High Court Refuses To Quash FIR In Asha Kit Scam, Says Can't Stifle Genuine Prosecution
The Jammu & Kashmir and Ladakh High Court has refused to quash the FIR registered by Vigilance Organization (Now ACB) in Asha Kit Scam, observing that the allegations in the FIR clearly disclose commission of cognizable offence and therefore, it would not be open to the Court to stifle a genuine prosecution.The case relates to purchase of medicines at exorbitant rates by the Director...
Every Water Source Is Government Property: Jammu & Kashmir High Court
Observing that every water source in the State is and shall remain the property of the Government, the Jammu and Kashmir and Ladakh High Court on Tuesday dismissed a plea filed by the residents of the village Qasba Yar, District Shopian, seeking directions upon the administration to not to change, divert or take any water from Yari Kohal, a river flowing through their village. The villagers had...
No Revision Against Rejection Of Plaint Under Order 7 Rule 11 CPC: Jammu & Kashmir High Court
The Jammu and Kashmir and Ladakh High Court on Monday ruled that the provision of Revision under Section 115 CPC cannot be used to challenge an order of Rejection of plaint under Order 7 Rule 11. This is because an order passed under Order 7 Rule 11 of the CPC is considered to be a decree by legal interpretation, making it appealable under Section 96 read with Order 41 of the CPC,...
[Motor Accident] 'Substantial Rights' Involved Not Ground To Condone Unexplained Delay: Jammu & Kashmir High Court
The Jammu and Kashmir and Ladakh High Court has stressed that timely filing of appeals under the Motor Vehicles Act is crucial and should not be overlooked, even if the applicant believes their substantial rights are at stake.Justice Javed Iqbal Wani made a pronouncement while hearing a plea in terms of which the applicant was seeking a condonation of 1538 days delay in preferring appeal...