High Court of J & K and Ladakh
Investigation Into Non-Cognizable Offences Without Magistrate's Permission Can't Be Regularised By Subsequently Adding Cognizable Offences: J&K High Court
The Jammu and Kashmir and Ladakh High Court has recently ruled that once an FIR is registered for non-cognizable offences, the inclusion of a cognizable offence at a later stage of the investigation could not be used to circumvent the law.The observations were made by a bench of Justice Sanjay Dhar while hearing a plea in terms of which the petitioner had called into question an FIR ...
Jammu & Kashmir High Court Imposes ₹1L Cost On CWC And JJB Members For "Forum Shopping" Regarding Their Re-Appointments
The Jammu & Kashmir and Ladakh High Court on Tuesday dismissed a petition to quash and set aside an advertisement notification for selections to constitute Juvenile Justice Boards and Child Welfare Committees under the Juvenile Justice (Care and Welfare) Act, 2015.The bench comprising Justices Sanjeev Kumar and Puneet Gupta while deciding a plea noted that the petitioners, ninety six (96)...
Land Grant Rules 2022 Notified By Lieutenant Governor Without President's Consent Not Valid: Plea Filed In Jammu & Kashmir High Court
A petition has been filed before the Jammu and Kashmir High Court challenging the Land Grant Rules 2022 notified by the UT's administrator, the Lieutenant Governor in December last year. It states that the Rules, having been notified without President's consent, are bad in law.A single bench of Justice Vinod Chatterji Koul on Monday ordered “no coercive action” be taken against...
No Fresh Construction Activities In Sonamarg Irrespective Of Building Permissions: Jammu & Kashmir High Court Clarifies
The Jammu and Kashmir and Ladakh High Court on Monday imposed a fresh blanket ban on carrying out construction activities within the peripheries of famous tourist destination Sonamarg. Earlier in August 2017, the court while taking cognizance of reports of indiscriminate and unauthorized constructions in Sonamarg had initiated suo moto-action in public interest and had directed that till...
Civil Service Rules | Failure To Produce Chargesheet Within 3 Months Does Not Automatically Vitiate Employee's Suspension: Jammu & Kashmir High Court
Setting aside an order of Central Administrative Tribunal Srinagar, in terms of which it had quashed the suspension of an employee on the ground of his prolonged suspension, the Jammu and Kashmir and Ladakh High Court has recently ruled that failure to produce a challan/charge sheet within a period of three months does not automatically vitiate the suspension.A bench comprising Justices...
Object Of Jurisdiction Under Article 226 Is Enforcement, Not Establishment Of Right/ Title, Can't Decide Disputed Facts: Jammu & Kashmir High Court
Declining to display indulgence and exercising its jurisdiction under Article 226 of the Constitution, the Jammu and Kashmir and Ladakh High Court recently observed that the object of jurisdiction under Article 226 is the enforcement and not the establishment of right or title and hence a disputed question of fact cannot be investigated in a proceeding under Article 226 of...
Supreme Court Seeks Response Of J&K HC On Plea Alleging Backdoor Appointments Of Administrative Staff
The Supreme Court on Monday sought a response from the Jammu and Kashmir on a petition which alleged that backdoor appointments of administrative staff were taking place at the J&K judiciary. The bench comprising Chief Justice of India DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala was hearing a petition filed by Jammu & Kashmir Peoples Forum alleging that relatives...
MV Act | Insurer Cannot Escape Liability On Premise That Legal Heirs Of Deceased Owner Were Not Parties To Claim Petition: J&K High Court
The Jammu and Kashmir and Ladakh High Court has recently ruled that the insurer cannot escape its liability to pay compensation to the claimants on the ground that the legal heirs of the deceased owner were not made parties to the claim petitions.A bench of Justice Sanjay Dhar made these observations while hearing a bunch of appeals in terms of which the appellant insurance company had...
General Allegations Of Insult Without Demonstrating Provocation To Breach Public Peace Won't Attract S.504 IPC: Jammu & Kashmir High Court
The Jammu & Kashmir and Ladakh High Court has recently observed that a mere act of insulting a person would not satisfy the ingredients of section 504 IPC ( Intentional insult with intent to provoke breach of the peace), rather insulting should be of such a nature as would give provocation to the person insulted to break the public peace or to commit any other offence, in order to attract...
J&K&L High Court Round-Up: March 20 To March 26, 2023
Nominal IndexIndia Tourism Development Corporation Limited & Anr Vs Fayaz Ahmad Sheikh & Ors. 2023 LiveLaw (JKL) 60Ms. X (MINOR) Vs UT of J&K & Ors 2023 LiveLaw (JKL) 61Bopinder Singh Dua Vs UT of J&K 2023 LiveLaw (JKL) 62Manzoor Ahmad Dar Vs State of J&K 2023 LiveLaw (JKL) 63Mst Haleema & Ors Vs Mst Dilshada & Ors. 2023 LiveLaw (JKL) 64Judgements/OrdersS.25F...
Order XLVII CPC | Erroneous View Of Law Not A Ground For Review: Jammu & Kashmir High Court
The Jammu & Kashmir and Ladakh has reiterated that an erroneous view of law is not a ground for review and a court cannot rehear and correct an erroneous judgment by way of a review.A bench comprising Justice Sanjay Dhar passed the observation while hearing a petition seeking review of judgment passed by it, last year on December 23, 2022 whereby Civil First Appeal filed by the...
Can't Direct Govt To Enforce Strict Prohibition On Liquor, Directive Principles Not Enforceable: Jammu & Kashmir High Court
Observing that Courts cannot issue a writ of mandamus for enforcing the directive principles of State policy, the Jammu and Kashmir and Ladakh High Court recently closed a petition seeking closure of liquor shops and establishments in the UT, besides seeking rehabilitation of those engaged in this business.The bench comprising Justices Sanjeev Kumar and Puneet Gupta was hearing a plea ...