Jammu & Kashmir And Ladakh High Court Weekly Roundup August 12 To August 18, 2024

Nominal Index:Showkat Ali Vs UT of J&K 2024 LiveLaw (JKL) 230Makhan Din V/s UT of J&K and another 2024 LiveLaw (JKL) 231ROSHAN LAL TICKOO Vs PREDIMANT KRISHAN TICKOO 2024 LiveLaw (JKL) 232Mst Hamida Banoo Vs UT of J&K 2024 LiveLaw (JKL) 233Ahsan Ahmad Mirza Vs Directorate Of Enforcement 2024 LiveLaw (JKL) 234SYED TAJAMUL BASHIR Vs MOHAMMAD AYOUB KHAN 2024 LiveLaw (JKL) 235PERVAZ...

Simply Because Judge Has Gone Wrong In Law No Grounds For Review, May Be A Ground For Appeal: J&K High Court

The Jammu and Kashmir and Ladakh High Court has reiterated that an incorrect interpretation of law by a judge may be a ground for appeal but is not sufficient to justify a review of a judgment.Dismissing a review petition filed by Pervez Ahmad Parra, who sought to overturn a previous court decision that upheld his termination from service Justice Sanjay Dhar has observed, “Simply because...

Lok Adalat Has No Power To Dismiss Cases for Non-Appearance Of Party: Jammu & Kashmir And Ladakh High Court

Reinforcing the role and limitations of Lok Adalats, the Jammu and Kashmir and Ladakh High Court has held that Lok Adalats do not possess the authority to dismiss a case for non-appearance of a party.Justice Sanjay Dhar, while deciding a petition challenging an order of a Lok Adalat that dismissed a complaint under Section 138 of the Negotiable Instruments Act, observed that such action...

J&K High Court Quashes PMLA Charges Against Dr Farooq Abdullah In Alleged Cricket Association Scam

The High Court of Jammu and Kashmir and Ladakh today quashed the charge sheet filed against Dr Farooq Abdullah under the Prevention of Money Laundering Act (PMLA) in the Jammu and Kashmir Cricket Association (JKCA) scam. The Court ruled that the Enforcement Directorate (ED) cannot act as an appellate authority over the conclusions drawn by the Central Bureau of Investigation (CBI),...

HC Directs Srinagar Dy Commissioner To Take Over Management Of Raghu Nath Ji Temple Land To 'Demarcate Boundaries' Amidst Claims Of Encroachment

The Jammu and Kashmir High Court has directed the Deputy Commissioner of Srinagar to take over the management of over 159 kanals of land belonging to the Raghu Nath Ji Temple in Barzulla Srinagar. The court also ordered the demarcation of the temple's land and the removal of any encroachments.“This arrangement shall continue to remain in operation till an appropriate mechanism is put in...

Preliminary Enquiry U/S 340 CrPC Can Only Be Initiated In Interest Of Justice And In Relation To Court Proceedings: J&K High Court

The Jammu and Kashmir and Ladakh High Court has emphasised that a preliminary enquiry under Section 340 of the Cr. P. C can only be initiated if it is expedient in the interests of justice, especially when there is an appearance of perjury committed in relation to court proceedings.Deferring the consideration of an application seeking criminal proceedings for alleged false statements, due to...

Communicating Grounds For Detention In A Language Understood By Detenue Is A Constitutional Right: J&K High Court

The Jammu & Kashmir and Ladakh High Court recently quashed a detention order issued by District Magistrate Kathua, citing a failure in procedural compliance, specifically the communication of the grounds of detention in a language understood by the detenue.Justice Sindhu Sharma, emphasizing the importance of this requirement, observed that “communication means imparting to the...

Jammu & Kashmir And Ladakh High Court Weekly Round-Up August 5th - August 11th 2024

Nominal Index:Nazir Ahmad Mir Vs State of J&K 2024 LiveLaw (JKL) 219Abdul Qayoom Mugloo Vs Irfana & Ors 2024 LiveLaw (JKL) 220Bashir Ahmad Sheikh Vs Mehran Ibn Bashir and Ors 2024 LiveLaw (JKL) 221R6 Technologies Private Vs UT of J&K 2024 LiveLaw (JKL) 222Abrar Ahmad Tantray Versus State of J&K 2024 LiveLaw (JKL) 223Gautam Anand Vs Union Of India 2024 LiveLaw (JKL) 224Dr...

Clear & Unequivocal “Charge” Rather Than Mere Allegations Essential For Sustaining Preventive Detention Orders: J&K High Court

The Jammu and Kashmir and Ladakh High Court has emphasised the necessity of a clear and unequivocal charge rather than mere allegations for the sustainability of preventive detention orders.A bench comprising Justices Atul Sreedharan and Puneet Gupta underlined that the grounds of detention must lay down the charge against the detinue that is precise, unequivocal and unambiguous. “The...

Juvenile Justice Act | Children's Courts Empowered To Try Offences Under UAPA, Welfare Of Child Paramount: Jammu & Kashmir High Court

Upholding the jurisdiction of the Children's Court to try cases under the Unlawful Activities Prevention Act (UAPA), along with other laws, the Jammu and Kashmir and Ladakh High Court has asserted that the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2015 [JJ Act] override all other statutes where a child in-conflict-with law is involved.A bench comprising...

"No Private Schools On State Land", J&K HC Grants Temporary Relief To 150 Private Schools Challenging Mandatory Land Regulations.

The Jammu and Kashmir and Ladakh High Court on Thursday, provided interim relief to over 150 private schools in the region. These schools had challenged a government order, S.O. 177 of 2022, which mandated obtaining a No Objection Certificate (NOC) from the Revenue Department to verify the legal status of the land used for educational purposes.While granting a narrow six month window to...

Drug Possession | Degree Of Evidence To Justify Preventive Detention Under PITNDPS Much Lower Than Other Detention Laws: J&K High Court

The Jammu and Kashmir and Ladakh High Court, in a recent ruling, has emphasized that the degree of evidence required to justify preventive detention under the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1998 (PITNDPS Act), is considerably lower than what might be needed under other detention laws.This significant observation was made by a division...