Jammu & Kashmir High Court Upholds Acquittal Of BSF Personnel In Army Patrol Firing Case That Occurred During Kargil War

The Jammu and Kashmir and Ladakh High Court has recently upheld the acquittal of Border Security Force (BSF) personnel accused in the highly controversial Army patrol firing case that took place on the fateful night of July 16/17, 1999 during the Kargil War."Unfortunately, respondents have been roped in, merely on the basis of suspicion, otherwise, there is absolutely no evidence to...

Jammu & Kashmir And Ladakh High Court Weekly Round-Up: June 26 - July 02

Nominal IndexMst Jana Vs State of J&K 2023 LiveLaw (JKL) 162Mohd Sharief and others Vs State of J&K 2023 LiveLaw (JKL) 163National Insurance Co. Ltd. Subash Chander Vs Subash Chander and others. National Insurance Company Ltd 2023 LiveLaw (JKL) 164State of J&K Vs Sham Lal 2023 LiveLaw (JKL) 165M/s Ali Shah through Arif Ahmad Shah Versus Union of India and others 2023 LiveLaw...

CJI DY Chandrachud Lays Foundation Stone Of New High Court Complex In Jammu, Launches E-Initiatives

Chief Justice of India (CJI) Dr D Y Chandrachud on Wednesday laid the foundation stone of a new high court complex in Jammu. The state-of-the-art complex, estimated to cost over Rs 800 crore, is located in the Raika forest belt on the outskirts of Jammu.Lieutenant Governor of J&K Manoj Sinha, Lieutenant Governor of Ladakh, Brig B.D. Mishra (Retd.) and judges of the Supreme Court and...

Jammu & Kashmir HC Refuses Interest On Delayed Disbursal Under 'Budgetary Support Scheme', Says Its Not A Right But Concession For Industrial Units

The Jammu & Kashmir and Ladakh High Court has recently ruled that the benefit provided under the Budgetary Support Scheme is not a 'right' of industrial units. Instead, it is regarded as a concession or incentive granted by the Government of India to assist these units in overcoming financial challenges resulting from the withdrawal of area-based exemptions under the Central Excise Act,...

Genuine Case For Relaxation: J&K High Court Directs Govt To Reconsider Employee's Claim For Reimbursement Of Medical Expenses Incurred Outside State

The Jammu & Kashmir High Court has ruled in favour of a contractual government employee, stating that medical expenses incurred by her for her husband's treatment outside the erstwhile State should be reimbursed. The court emphasized that the government's power to relax rules should be used genuinely, not just to decorate the "Rule Book," and should be exercised in cases where...

J&K High Court Bar Association Jammu Demands Shifting Of District Courts And Other Forums To Raika Along With High Court

The Jammu & Kashmir High Court Bar Association at Jammu on Monday resolved in favour of shifting district courts and other forums to Raika, along with the High Court. The committee members, including senior advocates and former bar presidents/office-bearers, unanimously agreed on the need for infrastructural development and a better working environment for the legal fraternity.It is...

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...