Objections To Pecuniary Jurisdiction Must Be Raised Early In Trial, Else Would Be Barred In Appeal Unless Failure of Justice Occurs: J&K High Court

The Jammu and Kashmir and Ladakh High Court has clarified that objections concerning the pecuniary limits of a court's jurisdiction must be raised at the earliest opportunity in the trial court. If not, they cannot be entertained by appellate or revisional courts, unless the oversight caused a failure of justice, as prescribed under Section 21 of the Civil Procedure Code (CPC), the...

Denial Of Bail Must Be A Judicious Exception, Personal Liberty Under Article 21 'Too Precious' To Be Curtailed Casually: J&K High Court

Reaffirming the fundamental value of personal liberty enshrined under Article 21 of the Constitution, the Jammu and Kashmir and Ladakh High Court has granted absolute anticipatory bail to one accused in a case involving sexual offenses and harassment.While making the interim pre arrest bail absolute in nature Justice Mohammad Yousuf Wani emphasized that the denial of bail is not a matter...

MV Act | Narrow Or Technical Interpretation Of “Income” Defeats Objective Of Providing Just Compensation To Victims, Dependents: J&K High Court

Underscoring the importance of a balanced approach in determining compensation under the Motor Vehicles Act, the Jammu and Kashmir and Ladakh High Court has emphasized that the term “income” cannot be given a narrow or technical meaning, as such an approach defeats the objective of providing just compensation to victims and their dependents.Highlighting the balancing act that a Motor...

Army Public Schools Are Not 'State' Under Article 12, Employment Disputes Not Maintainable Under Writ Jurisdiction: J&K High Court

The Jammu & Kashmir and Ladakh High Court has ruled that Army Public Schools (APS) and their governing body, the Army Welfare Education Society (AWES), do not qualify as the "State" under Article 12 of the Indian Constitution.Consequently, a bench of Justice Wasim Sadiq Nargal clarified that employment disputes concerning APS teachers, governed by private contractual terms, cannot...

Notice U/S 271(1)(c) Of IT Act Must Specify Whether Penalty Is Against 'Concealment' Of Income Or Furnishing 'Incorrect' Income: J&K High Court

The Jammu and Kashmir and Ladakh High Court has made it clear that notice to an assessee proposing imposition of penalty under Section 271(1)(c) of the Income Tax Act, 1961 has to clearly specify whether assessee is accused of 'concealing' his income or furnishing 'incorrect' income particulars. Section 271(1)(c) stipulates that penalty proceedings can be initiated provided...

High Court Dismisses Plea Challenging Amendment to Public Safety Act By 'J&K Bar Association, Srinagar' Due To Lack of Locus Standi

The Jammu and Kashmir and Ladakh High Court, comprising Chief Justice Tashi Rabstan and Justice M.A. Chowdhary has dismissed a Public Interest Litigation (PIL) filed by the J&K High Court Bar Association, Srinagar. The PIL, which challenged the validity of the 2018 Amendment to the Jammu & Kashmir Public Safety Act (PSA), was dismissed on the grounds of maintainability and lack of...

S.107(4) CGST Act | Appellate Authority Can't Condone Delay Beyond 30 Days In Filing Appeal But HC May Consider Exceptional Cases: J&K High Court

The Jammu and Kashmir and Ladakh High Court has held that the Appellate Authority under the Central Goods and Services Tax Act/ J&K Goods and Services Tax Act cannot condone the delay in filing appeal beyond 30 days. Section 107(1) prescribes a three months limitation period for presenting appeals. Section 107(4) of the Act confines the appellate authority's power to condone...

Motor Vehicles Act | Cover Note Issued U/S 145 Constitutes Valid 'Certificate Of Insurance' To Establish Insurance Liability: J&K High Court

The Jammu and Kashmir and Ladakh High Court has clarified that a Cover Note issued under Section 145 of the Motor Vehicles Act, 1988 (MVA), constitutes a valid 'Certificate of Insurance', to establish the insurance liability. While overturning a Tribunal's decision and holding the insurer liable to pay compensation for an accident that occurred within the policy's coverage period a bench...

Jammu & Kashmir High Court Admits Petition Challenging Nomination Of 5 MLAs By Lt Governor, Declines Interim Stay

The Jammu and Kashmir and Ladakh High Court has admitted a petition challenging the legality of nominating five members to the Jammu and Kashmir Legislative Assembly by the Lieutenant Governor. However, the court declined to grant interim relief staying the nominations, citing that the government is already in place, which reduces the urgency of the plea.The petition, filed by Ravinder...

Vehicle's Proximity To Accident, Not Its Motion Is Key In Determining Liability Under Motor Vehicles Act: J&K High Court

The Jammu and Kashmir and Ladakh High Court has ruled that the determination of whether an accident has arisen from the use of a motor vehicle depends on whether the accident was reasonably proximate to the vehicle's use, irrespective of whether the vehicle was in motion.A bench of Justice Javed Iqbal Wani has emphasized that a restrictive interpretation of the term "use" would defeat the...

Jammu & Kashmir And Ladakh High Court Weekly Roundup October 14 - October 20, 2024

Nominal Index:Hallmark v. Jammu & Kashmir GST Department & Anr 2024 LiveLaw (JKL) 272Sabahat Sanna Vs Dr Shabir Ahmad 2024 LiveLaw (JKL) 273Sudhir Power Limited v. Union Territory of Jammu and Kashmir & Ors 2024 LiveLaw (JKL) 274Pawan Kumar Vs UT Of J&K 2024 LiveLaw (JKL) 275Syed Tassadque Hussain Vs Union Of India 2024 LiveLaw (JKL) 276Oriental Insurance Company Vs M/S...

Is Letters Patent Appeal Maintainable Against Order Of Single-Judge In Criminal Jurisdiction?: J&K High Court Refers To Larger Bench

To determine whether a Letters Patent Appeal (LPA) under Clause 12 of the Letters Patent applicable to Jammu & Kashmir and Ladakh is maintainable against an order or judgment passed by a Single Judge in criminal jurisdiction, the Division Bench of the Jammu & Kashmir and Ladakh High Court has referred the matter to the Chief Justice for further reference to a Larger Bench.The...