High Court of J & K and Ladakh
No Sales Tax On Supply Of Goods For Erecting Transmission Lines, Substations & Power Grids Before 15.05.1997: Jammu & Kashmir And Ladakh High Court
The Jammu & Kashmir And Ladakh High Court has held that no sales tax is exigible for the supply of goods for erecting transmission lines, substations, and power grids.The bench of Justice Sanjeev Kumar and Justice Rajesh Sekhri has observed that the transaction between the assessee and the contractors in which the assessee has supplied the goods and material purchased by it from outside...
Vaishno Devi Stampede: Jammu & Kashmir High Court Closes PIL To Make Inquiry Report Public, Says Steps Taken By Shrine Board Satisfactory
The Jammu and Kashmir and Ladakh High Court has expressed its satisfaction with the measures taken by the Vaishno Devi Shrine Board to streamline the yatra and ensure safety of pilgrims, following the deadly stampede in the intervening night of 2021-22.A bench comprising Chief Justice N Kotiswar Singh and Justice Waim Sadiq Nargal thus closed the PIL filed by a practising lawyer seeking to...
Orders Framing, Altering Or Refusing To Alter Charges Under NIA Act Are Interlocutory & Not Appealable: Jammu & Kashmir High Court
The Jammu and Kashmir and Ladakh High Court recently ruled that a Special Court's order framing charge or altering or refusing to alter the charge under the National Investigating Agency Act is an interlocutory order and not appealable under Section 21.The pronouncement to this effect was made by a bench comprising Justices Sanjeev Kumar and Puneet Gupta while hearing of an appeal challenging...
Narco-Terrorism Serious Threat To National Security: Jammu & Kashmir High Court Refuses To Interfere With Alleged Drug Trafficker's Detention
Observing that the involvement of various terrorist groups and syndicates in drug trafficking leads to threat to the national security and sovereignty of States by way of Narco terrorism, the Jammu and Kashmir and Ladakh High Court recently dismissed the plea of an alleged drug trafficker, detained under the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances...
Power To Transfer Undertrial Prisoner From One Jail To Another Only With Court: Jammu & Kashmir High Court
The Jammu & Kashmir and Ladakh High Court has ruled that the power to direct transfer of an undertrial prisoner from one jail to another vests only with the Magistrate/ Court which had remanded the detenue to a certain prison, and not with the prison authorities.A bench comprising Justice M A Chowdhary referred to Prison Manual, 2022- For the Superintendence and Management of Prisons in...
Jammu & Kashmir And Ladakh High Court Weekly Round-Up: April 24 - April 30
Jammu & Kashmir and Ladakh High Court Weekly Roundup April 24 - April 30Nominal IndexSurinder Partap Singh and another Vs Vijay Kumar and Anr 2023 LiveLaw (JKL) 93Tariq Ahmad Dar Vs NIA 2023 LiveLaw (JKL) 94Ghulam Rasool Dar Vs J&K State Cooperative Bank 2023 LiveLaw (JKL) 95Mushtaq Ahmad Dar Vs Enforcement Directorate & Ors 2023 LiveLaw (JKL) 96M/s Ajay Auto Mobiles Vs TVS...
Jammu & Kashmir High Court Dismisses Plea Of Cooperative Society Employees For Retirement Age Parity With Govt Employees
The Jammu and Kashmir and Ladakh High Court on Wednesday dismissed the plea of Cooperative Societies employees seeking age of retirement at par with the Government employees.Justice Sanjay Dhar observed that the Cooperative Societies are autonomous institutions governed by their own rules and regulations and hence their employees cannot seek parity in service conditions with the employees of...
No Person Can Be Deprived Of Source Of Livelihood Without Adhering To Principles Of Natural Justice: Jammu & Kashmir High Court
The Jammu and Kashmir and Ladakh High Court has recently ruled that even if a person hands over documents that were summoned by an authority, the same does not give the authority a free hand to disregard the person's right to a fair hearing. A bench comprising Justice Sanjay Dhar observed, "Adherence to the principles of natural justice is not an empty formality. No person can...
Deaths By Electrocution Ignored As Mere Accidents: Jammu & Kashmir High Court Constitutes Committee To Enforce Statutory Regulations
Taking a serious note of increasing incidents of electric shocks often leading to death, the Jammu & Kashmir & Ladakh High Court on Thursday constituted a committee to ensure the implementation of statutory safety measures and regulations enshrined in the Central Electricity Authority (Measures relating to Safety and Electric Supply) Regulations, 2010, in letter and spirit.A...
CPC | 120 Days Period For Filing Written Statement Mandatory In Jammu & Kashmir After Abrogation Of Article 370, Court Has No Power To Extend It: High Court
The Jammu and Kashmir and Ladakh High Court on Tuesday clarified that the Civil Procedure Code, 1908 so far as its applicability to the Union Territory of Jammu & Kashmir is concerned after amendments in view of Abrogation of Article 370, provides a maximum period of 120 days to the defendant to file the written statement failing which the defendant will forfeit the right to...
Centre Notifies Transfer Of Justice Atul Sreedharan From MP High Court To Jammu & Kashmir High Court
The Central Government has notified the transfer of Justice Atul Sreedharan from the Madhya Pradesh High Court to the High Court of Jammu & Kashmir and Ladakh. The Union Law Minister Mr Kiren Rijiju tweeted the development. Earlier in March 2023 the Supreme Court Collegium headed by Chief Justice of India Dhananjaya Y Chandrachud had recommended transfer of Justice...
Erroneous Findings By Courts Below Not Ground To Invoke Article 227, "Manifest Miscarriage Of Justice" Required: Jammu & Kashmir High Court
The Jammu and Kashmir and Ladakh High Court has recently dismissed a petition filed under Article 227 of the Constitution of India against an order passed by the trial court, which referred a dispute for arbitration. It observed that erroneous finding by the courts below on facts and law cannot justify for approaching the court under Article 227 unless manifest miscarriage of justice has...