High Court of J & K and Ladakh
PIL For Free Passage Of Ambulances: Jammu & Kashmir High Court Appoints Nodal Officer To Coordinate Among Various Departments
The Jammu and Kashmir and Ladakh High Court has appointed Divisional Commissioner, Kashmir as the nodal officer to coordinate amongst various government departments to ensure hassle-free movement of ambulances in the Union Territory. The development comes in a public interest litigation filed by NGO White Globe in 2018. The PIL sought directions for upgradation of basic structures of...
Justice Atul Sreedharan Takes Oath As Jammu & Kashmir High Court Judge
Justice Atul Sreedharan was today sworn in as a Judge of the Jammu & Kashmir and Ladakh High Court. Chief Justice N. Kotiswar Singh administered the oath of office.Justice Sreedharan had sought a transfer from Madhya Pradesh High Court, where his daughter will soon enter practice. The Collegium had accepted his request and accordingly resolved to transfer him to J&K.The oath...
Banks Can Exclude Such Borrowers From OTS Scheme From Whom Chances Of Recovery Are High: Jammu & Kashmir High Court
The Jammu and Kashmir and Ladakh High Court has ruled that a banking company enjoys the discretion to formulate policies and exclude from its One Time Settlement Scheme such borrowers, who have a higher chance of recovery.A bench comprising Justice Sanjay Dhar observed,"A banking company is free to make policies and issue guidelines so as to differentiate the cases of those borrowers where...
Public Safety Act | Preventive Detention Not An Arrest, No 24-Hour Magistrate Appearance Required: Jammu & Kashmir High Court
The Jammu and Kashmir and Ladakh High Court has recently ruled that being detained under the Public Safety Act cannot be considered an arrest for committing an offence under the penal law. Instead, it is a preventive measure to avoid any possible harmful act from the detained person based on their background and therefore, there is no requirement to produce the detainee before a...
Question Paper Leakage In Govt Exams Shakes Public Confidence: Jammu & Kashmir High Court Refuses Bail To Accused Officer, Son In SI Recruitment Scam
Observing that a recruitment scam in government services undermines public confidence in the system and causes grave injustice to deserving and meritorious candidates, the Jammu and Kashmir High Court has rejected the bail application of a police officer and his son who were arrested by the CBI last year in connection with the infamous JKSSB Police Sub-Inspector Recruitment Scam.A bench...
Preliminary Inquiry Necessary When There Is Abnormal Delay By Complainant In Initiating Criminal Prosecution: Jammu & Kashmir High Court Reiterates
The Jammu and Kashmir and Ladakh High Court recently reiterated that when there is abnormal delay by complainant in initiating criminal prosecution, it becomes necessary for the Magistrate to order a preliminary inquiry. Justice Javed Iqbal Wani observed this inquiry can help identify any potential obstacles in the prosecution process and determine the reasons for the delay, such as...
Jammu & Kashmir And Ladakh High Court Weekly Round-Up: May 01- May 07
Nominal IndexNayeem Rasool Vs UT of J&K 2023 LiveLaw (JKL) 102Mohammad Ashraf Dar vs UT Of J&K 2023 LiveLaw (JKL) 103Ayaz Ahmad Vs UT of J&K 2023 LiveLaw (JKL) 104Sheikh Shakeel Ahmed Vs UT of J&K 2023 LiveLaw (JKL) 105M/S Power Grid Corporation of India Ltd. Versus Assessing Authority Sales Tax Circle D Jammu 2023 LiveLaw (JKL) 106Land Owners of Village Suthsoo and others...
Jammu & Kashmir And Ladakh High Court Monthly Digest: April 2023
Nominal Index [Citations 72 - 101]:Farid Ahmad Tak Vs UT of J&K & Ors 2023 LiveLaw (JKL) 72Fayaz Ahmad Rather Vs UT of J&K 2023 LiveLaw (JKL) 73Sonika Sharma vs Union of India 2023 LiveLaw (JKL) 74Sunil Kumar Vs UT of J&K 2023 LiveLaw (JKL) 75Raj Kumar Vs SSP & Anr 2023 LiveLaw (JKL) 76Rizwan Bashir Dhobi Vs UT of J&K 2023 LiveLaw (JKL) 77Mohammad Abdullah Bhat Vs...
Safe Custody Of Alleged Contraband And Swift Forensic Analysis Essential: Jammu & Kashmir High Court On Prosecution's Obligations In NDPS Case
The Jammu and Kashmir and Ladakh High Court has emphasized on the prosecution's obligation under Section 55 of the Narcotic Drugs and Psychotropic Substances Act to prove that the contraband after its recovery and seizure from the accused was kept in safe custody and that the sample of the contraband was forwarded to Forensic Science Laboratory without any delay.A bench of Justices Sanjeev...
Order XIV Rule 5 CPC | Court Cannot Frame Issues Beyond Pleadings: Jammu & Kashmir High Court
The Jammu and Kashmir and Ladakh High Court recently clarified that scope of the power granted to courts under Order XIV Rule 5 of the Civil Procedure Code to amend, add, delete, or strike out issues is not absolute and is subject to the provisions of Rule 3 of Order XIV, which limits the framing of issues to materials comprising allegations made in pleadings, answers to...
Jammu & Kashmir High Court Quashes Imam's Detention Under PSA, Raps Detaining Authority For Acting On Vague Grounds
The Jammu and Kashmir and Ladakh High Court has recently quashed the detention order of an Imam, accused of delivering speeches to mobilize common masses against the sovereignty and integrity of the Union Territory of Jammu and Kashmir.Justice M A Chowdhary observed that the grounds of detention are vague and stale, lacking any specific instances or incidents to justify the detainee's...
Land Acquisition For Ring Road Not Notified As National Highway But Part Of NH Project Must Be Under NHAI Act: Jammu & Kashmir High Court
The Jammu and Kashmir and Ladakh High Court has recently ordered that all land required for the construction of the Srinagar Ring Road must be acquired in accordance with the National Highways Act, 1956. The court also ruled that additional compensation of 20% must be paid to those whose land has been acquired for the project.The court observed that the Srinagar Ring Road Project is a...