High Court of J & K and Ladakh
S.7 Migrant Immovable Property Act Requiring Surrender Of Property To Prefer Appeal Against Eviction In Tune With Peculiar Conditions Of J&K: High Court
The Jammu and Kashmir and Ladakh High Court recently ruled that the condition to surrender the property for preferring an appeal under Section 7 of the Migrant Immovable Property Act 1997 against eviction order, was necessitated by the peculiar situation prevailing in the Union Territory of Jammu and Kashmir.The bench comprising Justices Rajnesh Oswal & Mohan Lal observed, "This...
Can Passport Officer Insist On Father's Consent Where Mother Holds Exclusive Custody Of Minor: Jammu & Kashmir High Court To Examine
The Jammu & Kashmir & Ladakh High Court has recently issued notice to the Union of India through Regional passport office on a plea raising question as to whether the Regional Passport Officer can insist on mentioning father's name on the passport of a minor, particularly when the mother of the minor applicant is legally divorced and enjoys exclusive custody of the applicant...
Jammu & Kashmir High Court Comes To Aid Of Below Poverty Line Woman "Duped" Of Employment By Govt Officials To Oblige Sarpanch
The Jammu and Kashmir and Ladakh High Court recently observed that the perversity of an action or decision by a public authority/official, acting in the domain of public administration, irrespective of the tier of the administration, has no hiding from the pendular gaze of the Rule of Law which may for a given case get late but not defaults in catching up with the wrong deed and...
When Company Is An Offender, No Vicarious Liability Can Be Attached To Its Officers Unless Statute Specifically Provides So: Jammu & Kashmir High Court
The Jammu and Kashmir and Ladakh High Court recently quashed a criminal complaint filed under Essential Commodities Act, 1955 against the directors of a company on the ground that the complaint nowhere spells out as to how and in what manner the petitioners/accused were incharge of or were responsible to the accused company.Justice Rajesh Sekhri agreed that when companies are changed with...
Jammu & Kashmir And Ladakh High Court Weekly Roundup: March 6 - March 12, 2023
Nominal Index:Union Of India Vs Assistant Labour Commissioner & Ors 2023 LiveLaw (JKL) 43Jammu Development Authority Vs Jag Mohan Wazir & Anr 2023 LiveLaw (JKL) 44Syed Shahid Hamdani Vs UT of J&K 2023 (JKL) 45Bashir Ahmad Dar Vs Shameema & Ors 2023 LiveLaw (JKL) 46Arif Ahmad Khan Vs UT of J&K 2023 LiveLaw (JKL) 47J&K Service Selection Board Vs Vinkal Sharma 2023...
When Issuing Authority Verifies Experience Certificate, Counter-Signing Authority's Denial Won't Lead To Termination Sans Enquiry: Jammu & Kashmir HC
The Jammu and Kashmir and Ladakh High Court recently ruled that mere denial of counter signature on a certificate in absence of proper enquiry or finding does not warrant major punishment of termination of service, which becomes punitive in nature particularly when the order of termination is not simpliciter but the stigma is attached to the same.The observations were made by Justice Wasim...
Jammu & Kashmir And Ladakh High Court Accepts Unconditional Apology From Sr AAG, DM Anantnag
Observing that the apology tendered by Senior Additional Advocate General Abdul Rashid Malik and District Magistrate Anantnag is accompanied with a sense of genuine remorse and repentance and is not a calculated strategy to avoid punishment, the Jammu and Kashmir and Ladakh High Court on Friday accepted their unconditional apology.Accepting the apology, a bench of Justice Wasim Sadiq...