Jammu & Kashmir And Ladakh High Court Weekly Round-Up: September 2 - September 8, 2024

Nominal Index [Citations 248 - 252]:Mst Shameema Begum Vs Javid Iqbal Khan 2024 LiveLaw (JKL) 248Showkat Ahmad Rather Vs State of J&K 2024 LiveLaw (JKL) 249Kishore Kumar Vs Ishar Das 2024 LiveLaw (JKL) 250Narayan Sharma @ Shuna through Mrs. Lata Sharma (Mother) Vs UT of J&K 2024 LiveLaw (JKL) 251Showkat Ahmad Vs State of J&K 2024 LiveLaw (JKL) 252Judgments/Orders:DV Act | No Need...

Jammu & Kashmir High Court To Examine Whether Govt Servants Can Stand For Assembly Elections Without Resigning

The Jammu and Kashmir and Ladakh High Court will delve into the constitutionality of whether government servants are prohibited from engaging in electoral politics.This comes in light of a challenge to Rule 14 of the Jammu and Kashmir Government Employees (Conduct) Rules, 1971, which restricts government employees from participating in politics.Petitioner Zahoor Ahmad Bhat, a senior lecturer...

High Court Issues Fresh Guidelines To Tackle Pendency Of Cases In Jammu & Kashmir And Ladakh

Aiming to address the long-standing issue of case backlogs, the High Court of Jammu & Kashmir and Ladakh has issued new guidelines to accelerate the disposal of cases that have been pending for over five years.The circular, issued to this effect introduces the formation of 'District Case Management Committees' as part of a broader strategy to curb delays in the district judiciary across...

Preventive Detention Can Be Ordered Irrespective Of Ongoing Or Concluded Criminal Proceedings: J&K High Court

Upholding the validity of a preventive detention order the Jammu and Kashmir and Ladakh High Court has reaffirmed that preventive detention can be ordered irrespective of ongoing or concluded criminal proceedings.The court emphasized that such detention may occur “before, during, or after prosecution, with or without prosecution, and even after discharge or acquittal,” making it clear...

S.113A Evidence Act | Wife's Suicide Within Seven Years Of Marriage Doesn't Automatically Trigger Presumption Of Abetment Against Husband: J&K HC

The High Court of Jammu and Kashmir and Ladakh has held that the mere fact that a woman commits suicide within seven years of her marriage does not automatically invoke the presumption under Section 113-A of the Evidence Act. Section 113A of the Indian Evidence Act of 1872 deals with the presumption of suicide abetment by a husband or relative of a married woman.The Court emphasized that such...

J&K High Court Takes Exception To 'The Hindu' Newspaper's Report On Judge's Leave

The Jammu & Kashmir and Ladakh High Court has taken note of a media report published by The Hindu and circulated on social media regarding the leave taken by a judge, and referred the matter to the Chief Justice (Acting) for consideration of criminal contempt proceedings.The report, published in The Hindu, had suggested that National Investigation Agency (NIA) and Habeas Corpus matters...

Wrong Description Of Property In Non-Mortgage Suits Not Grounds For Dismissal Under Order 7 Rule 11 CPC: J&K High Court Clarifies

The High Court of Jammu and Kashmir and Ladakh has clarified that under Order 7 Rule 11 of the Code of Civil Procedure (CPC), a suit cannot be dismissed merely due to the improper or incorrect description of immovable property, except in cases involving mortgage suits.A bench of Justice Javed Iqbal Wani emphasized that this requirement is not mandatory in other suits, thereby offering...

J&K High Court Reassigns Habeas Corpus, NIA Cases To Special Division Bench

The Jammu & Kashmir and Ladakh High Court has issued a notice reassigning habeas corpus and National Investigation Agency (NIA) cases to a newly constituted Special Division Bench. The notice states that these cases will now be heard by a Special Division Bench comprising Justice Rajnesh Oswal and Justice Mohammad Akram Chowdhary.Previously, Justice Atul Sreedharan was assigned to handle...

Jammu & Kashmir And Ladakh High Court Weekly Roundup: August 5 - August 11, 2024

Nominal Index [Citations 219 - 229]: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...

[RPC 498A] Mere Demand For Dowry Not Cruelty In Absence Of Persistent Harassment: J&K High Court

The Jammu and Kashmir and Ladakh High Court has held that a simple demand for dowry, without consistent harassment aimed at coercing the victim to meet such demands, does not constitute "cruelty" under Section 498-A of the Ranbir Penal Code (RPC).Setting aside a conviction under Sec 498-A Justice Sanjeev Kumar observed, “Though, there was complaint by the deceased about the demand of...

DV Act | No Need For Trial To Grant Interim Residence Order, It Is An Urgent Relief To Protect Woman From Taking Shelter On Road: J&K High Court

The Jammu and Kashmir and Ladakh High Court has clarified that a Magistrate, while considering an interim residence order under the Domestic Violence Act (DV Act), is not required to conduct a full trial but only needs to be satisfied with the application filed by the aggrieved person.Setting aside an order passed by the Principal Sessions Judge, Kupwara, who had wrongly interpreted the scope...

J&K High Court Directs UT Administration To Expedite PET Scan Installation In All Government Medical Colleges

The High Court of Jammu and Kashmir and Ladakh has directed the government to expedite the installation of PET Scan machines in all government medical colleges across the Union Territory.A bench comprising Acting Chief Justice Tashi Rabstan and Justice Puneet Gupta has cautioned the administration to do the needful and file a compliance report within two months failing which it would be left...