High Court of J & K and Ladakh
Grounds In Detention Order Quashed By Writ Court Can't Be Considered While Passing Fresh Detention Order: Jammu & Kashmir High Court
The Jammu and Kashmir and Ladakh High has ruled that when a Court quashes a detention order using a high prerogative writ, the grounds of the previous order should not be considered, either in whole or in part, when determining new grounds for detention. This is because when the Court strikes down an earlier order with a writ, it renders the entire order null and void, it clarified....
Drivers With Heavy Goods Vehicle Licenses Can Also Drive Passenger Carrying Vehicles: Jammu & Kashmir High Court
The Jammu & Kashmir and Ladakh High Court has recently ruled that individuals possessing a driving license for a specific type of commercial vehicle are deemed qualified to drive any other type of commercial vehicle as well.A single bench of Justice Sanjay Dhar observed,"Any person who was holding a driving license authorizes him to drive a particular type of commercial vehicle...
Transfer Of Goods By Power Grid Corporation To Its Contractor Does Not Involve Transfer Of Ownership, Hence No Sale: Jammu & Kashmir High Court
The Jammu & Kashmir High Court has held that sales tax is not leviable on materials purchased by Power Grid Corporation from outside the state and transferred to contractors.The bench of Justice Sanjeev Kumar and Justice Rajesh Sekhri has observed that the transaction between the assessee, Power Grid Corporation, and the contractors in which the assessee supplied the goods and...
Court Not Having Territorial Jurisdiction Cannot Hear Application For Amendment Of Plaint To Acquire Jurisdiction: Jammu & Kashmir High Court
The Jammu and Kashmir and Ladakh High Court has ruled that when the court lacks territorial jurisdiction, it cannot entertain an application for amendment of a plaint, which amendment would vest territorial jurisdiction in the court. A single bench of Justice Wasim Sadiq Nargal observed, "The courts have to examine the plaint as existing and come to the conclusion whether it discloses the...
Jammu & Kashmir High Court Rejects CRPF Constable's Plea Against Termination Citing Inordinate Delay, Questions His Suitability For Disciplined Force
The Jammu and Kashmir and Ladakh High Court has upheld the termination of a CRPF Constable stating that his inability to justify the six-year delay in challenging his termination order raises concerns about his efficiency to serve in a disciplined force.A single bench of Justice Moksha Kazmi Khajuria observed,"The petitioner was supposed to challenge the termination order of 2001 at least...
[Land Acquisition] Reference To Market Value Of Small Plots Not Always Reliable, But May Be Referred In Absence Of Other Material: Jammu & Kashmir HC
The Jammu and Kashmir and Ladakh High Court has ruled that in determining the market value of a large piece of land proposed for acquisition, it may not be safe to rely solely on the rate at which small parcels of land adjacent to it are sold. However, the court reiterated that this cannot be an absolute rule as in cases where there is no other material available, the court may compare...
Allotment Under Evacuees’ Property Act Confers Only Temporary Right Of Use, Not Title Or Interest: Jammu & Kashmir High Court
The Jammu and Kashmir and Ladakh High Court has ruled that allotment under the Evacuees’ Property Act is a temporary right of use and occupation of any immovable property and it neither confers any right nor title or interest over the allottee.A single bench of Justice Rajesh Sekhri while referring to a full Bench judgment in Shamsher Singh v. Dy. Custodian 1973 General reiterated,...
Jammu & Kashmir High Court Directs Motor Accident Tribunal To Decide Claim Filed By Dependants Of Judge Shot Dead By Militants In 2001
The Jammu and Kashmir and Ladakh High Court has directed a Motor Accident Claims Tribunal to decide the petition moved by the dependants of a Judge, who was shot dead in his car by militants, while travelling to his hometown.Car of then Principal District and Sessions Judge Vijay Kumar Phull was intercepted by the militants and he, along with a friend and two bodyguards were shot dead in an...
Jammu & Kashmir & Ladakh High Court Weekly Roundup: 8 May - 14 May, 2023
Nominal Index:Ashok Kumar Vs CBI 2023 LiveLaw (JKL) 111Harbachan Singh Vs Sr. Superintendent of Police Srinagar and others 2023 LiveLaw (JKL) 112Muntazir Ahmad Bhat Vs UT of J&K 2023 LiveLaw (JKL) 113Ghulam Ahmad Mir Vs J&K Bank & Ors 2023 LiveLaw (JKL) 114Hem Raj Vs Union of India & Ors 2023 LiveLaw (115)Shamim Ahmed Vs UT of J&K & Ors 2023 LiveLaw...
BSF Personnel Can't Be Terminated Without Opportunity Of Hearing Even If Court Of Enquiry Concludes Trial Is Inexpedient: Jammu & Kashmir High Court
The Jammu and Kashmir and Ladakh High Court has recently ruled that under Rule 22 of the BSF Rules 1969, it is mandatory to inform the accused of all adverse reports against them and provide them with an opportunity to defend themselves in writing, even if a Court of Enquiry has concluded that trial of such person is inexpedient.Justice Javed Iqbal Wani observed,"Even if it is assumed that...
J&K Police Manual Allows Discharge Of Probationer Without Assigning Reasons But No Stigmatic Citations Without Enquiry: High Court
Clarifying the legal provisions for the discharge of a probationer under the Jammu & Kashmir Police Manual, the Jammu & Kashmir and Ladakh High Court has held that an individual can be discharged without specifying the reasons behind the decision, however, if the discharge order cites deficiencies in the service of the incumbent, it could be deemed stigmatic and may not hold up in...
Jammu & Kashmir High Court Issues Notice On Plea Against Imposition Of Property Tax In J&K
The Jammu and Kashmir and Ladakh High on Monday issued notices to the Union of India and the Govt of Jammu and Kashmir in a plea challenging the constitutionality of imposition of Property Tax in the UT.The petitioner, a domicile resident of the valley said Section 96 of the Jammu & Kashmir Reorganisation Act, 2019 which was invoked to issue the J&K Reorganisation (Adaptation of...