Jammu & Kashmir and Ladakh High Court Weekly Round-Up: June 12 - June 18

Nominal IndexShukal Singh Vs v/s G.M., Jammu Co-Operative Wholesale Ltd.& Anr 2023 LiveLaw (JKL) 156M/S Shaf Sons through Gowhar Ahmad Mir & Another Vs Jammu & Kashmir Bank Ltd. & Ors 2023 LiveLaw (JKL) 157Mohammad Sultan Nagoo vs Custodian Evacuee Property and others 2023 LiveLaw (JKL) 158Ravinder Singh Vs J&K Sports Council 2023 LiveLaw (JKL) 159Naseema Begum Vs UT...

Jammu & Kashmir And Ladakh High Court Orders State To Pay Rs 5 Lakh Compensation To Family Of Undertrial Killed In Srinagar Central Jail

Granting a compensation of an amount of Rs. 5 Lakh to the kin of an undertrial who was killed as a result of an attack by a co-prisoner inside Srinagar Central Jail, the Jammu and Kashmir and Ladakh High Court observed that the prison authorities cannot be absolved of their duty to ensure the safety and security of the undertrials."Even though the deceased was an undertrial in a murder case,...

Jammu & Kashmir And Ladakh High Court Allows Raising Of Temporary Structures In Sonamarg For Amarnath Yatra

The High Court of Jammu and Kashmir and Ladakh has granted approval for construction of temporary structures in and around Sonamarg, a popular tourist destination, for the annual Amarnath Yatra.A division bench of Chief Justice N Kotiswar Singh and Justice Moksha Khajuria Kazmi said the temporary structures be demolished on completion of the Yatra by restoring the earlier position in...

State Cannot 'Pick & Choose' In Selection Process, Must Provide Non-Discriminatory Reasons For Appointment: Jammu & Kashmir High Court

The Jammu and Kashmir and Ladakh High Court has observed that when exceptionally qualified candidates are not offered appointments, the State must provide valid and non-discriminatory reasons for its decision. The State, especially when it functions as an employer, is obligated to adhere to the principles outlined in Article 14 of the Constitution, it emphasised. A bench of Justice Javed...

Civil Court Can Seek Police Assistance To Enforce Temporary Injunctions: Jammu & Kashmir High Court

The Jammu and Kashmir and Ladakh High Court has said that while the Code of Civil Procedure (CPC) does not explicitly provide for police assistance in enforcing temporary injunctions, Section 151 of the Code allows the Civil Court to exercise inherent powers to ensure justice and prevent abuse of the court's process.This provision grants the court the authority to direct the police to...

Presumption Of Guilt U/S 29 POCSO Act Rebuttable: Jammu & Kashmir High Court Grants Bail To Woman Accused Of Facilitating Her Daughter's Rape

The Jammu and Kashmir and Ladakh High Court has granted bail to a woman, accused of assisting the primary suspect in a POCSO case filed over alleged rape of her own daughter. Presumption of guilt under Section 29 is rebuttable and if the accused can demonstrate to the court during the trial that there is material evidence contradicting the presumption of guilt, they may be granted bail, a...

Why Govt Accommodation Given To Individuals Under Security Cover? Jammu & Kashmir High Asks UT Administration

The Jammu & Kashmir and Ladakh High Court has directed the UT government to provide an explanation regarding the provision of official accommodation to individuals who are entitled to security cover. The directions to this effect were made by Chief Justice Kotiswar Singh and Justice Puneet Gupta while hearing a PIL seeking eviction of ex-ministers, and former legislators from...

Govt Duty Bound To Protect Evacuee Property, Cannot Act Arbitrarily As Owner With Rights Of Alienation: Jammu & Kashmir High Court

The Jammu & Kashmir and Ladakh High Court has emphasised that the government has a responsibility to safeguard, maintain, and effectively utilize evacuee properties. It cannot make arbitrary decisions or treat these properties as if it is the rightful owner with the power to sell them off, it clarified. A bench of Justice Vinod Chatterjee Koul made these observations while hearing a...

Illegal Coke Plants: Meghalaya High Court Directs DGP To File Action Taken Report

The Meghalaya High Court has issued fresh directions asking the state police to take immediate and decisive action against the illegal coke plants operating in the region. The court's order came in response to an affidavit filed by the Director-General of Police, highlighting the widespread presence of illicit coke plants and benami transactions in Meghalaya, with their actual...

Dispatch Of Notice By Bank U/S 13(2) SARFAESI Act Is An Official Act, Presumption Under Evidence Act That It Was Performed Regularly: J&K High Court

The Jammu & Kashmir and Ladakh High Court has held that dispatching of notice by a Bank under Section 13(2) of the SARFAESI Act, to the borrower to discharge in full his liabilities, is an official act with a presumption that it was performed regularly.Section 114(e) of the Evidence Act establishes a presumption that judicial and official acts are performed regularly and in the context of...

'Prior Jural Relationship' With Cooperative Society Necessary For Invoking Dispute Redressal Mechanism U/S 70: Jammu & Kashmir High Court

The Jammu and Kashmir and Ladakh High Court has clarified that Section 70 of the J&K Cooperative Societies Registration Act serves as an internal mechanism for resolving disputes among parties who already have a legal relationship with each other before the dispute arises. It cannot be applied to individuals who do not have any 'prior jural relationship' with the individuals involved in...

Jammu & Kashmir and Ladakh High Court Weekly Round-Up: June 05 To June 11

Citations 2023 LiveLaw (JKL) 148 to 2023 LiveLaw (JKL) 155NOMINAL INDEXRajni Devi Vs State of J&K 2023 LiveLaw (JKL) 148Hakim Din Vs Akbar Noor & Ors 2023 LiveLaw (JKL) 149Union of India v. S.P. Singla Construction Pvt. Ltd 2023 LiveLaw (JKL) 150Raja Sajad Ahmad Wan Vs State of J&K 2023 LiveLaw (JKL) 151M/s Best Crop Science Industrial Area Versus Union of India 2023 LiveLaw...