High Court of J & K and Ladakh
S. 67 NDPS Act | Additional Evidence Essential Before Acting Upon Co-Accused's Confession: J&K High Court
The Jammu and Kashmir and Ladakh High High Court has underscored the necessity of corroborative evidence alongside confessional statements under Section 67 of the NDPS Act for the prosecution to establish a case against the accused.A bench comprising Justice Rajesh Sekhri has reiterated that confession of co-accused alone cannot be taken into consideration for conviction of the accused, unless some other material is produced by the prosecution to indicate his involvement in the commission of...
Jammu & Kashmir And Ladakh High Court Half Yearly Digest: January To June 2024
Nominal Index:Sahil Gupta Vs UT of J&K 2024 LiveLaw (JKL) 1Abdul Rahim Ganai V/s State of JK and others (SRTC) 2024 LiveLaw (JKL) 2Waqas Riyaz Khan Vs UT of J&K 2024 LiveLaw (JKL) 3MOHAMMAD BIN SHORA Vs. UNION OF INDIA AND ANOTHER 2024 LiveLaw (JK) 4Pritam Chand alias Pritam Singh Vs Dr. Kamal Saini 2024 LiveLaw (JKL) 5Haja @ Hajira Bano Vs Gh. Mohammad Ahangar 2024 LiveLaw (JKL)...
Disputes Predominantly Civil But Involving Elements Of Criminality Not Automatically Excluded From Arbitration: Jammu and Kashmir High Court
The Jammu and Kashmir High Court bench of Chief Justice N. Kotiswar Singh has held that a dispute predominantly civil but involving elements of criminality is not automatically excluded from arbitration. The bench noted that unless there is a specific allegation of the parties engaging in an agreement amounting to criminal conspiracy, there should be no blanket prohibition...
Jammu & Kashmir High Court Imposes 10K Costs On District Magistrate For 'Unjustifiable' Preventive Detention Order
The High Court of Jammu & Kashmir and Ladakh has sharply criticized a preventive detention order issued under the Jammu and Kashmir Public Safety Act, 1978, and imposed a ₹10,000 fine on the District Magistrate Jammu, personally, citing "unjustifiable" grounds for the detention.The court described the detention order as based on the “twisted reasoning and thought process of the District Magistrate” which “deserves to be deprecated strongly.” The Court made this observation while allowing a...
FIR Not Appropriate Remedy For Addressing Disobedience Of Injunction Order, Recourse Under O.39 R.2A CPC Applicable : J&K High Court
The Jammu and Kashmir and Ladakh High Court has declared that the appropriate approach to address the disobedience or breach of an injunction order is through Order 39 Rule 2-A of the CPC, rather than the registration of an FIR.In quashing an FIR arising out from a civil dispute Justice Javed Iqbal Wani explained that Order 39 Rule 2-A of the CPC exists to enforce court orders, not...
Admissions Of Liability Made Outside Of Court Under Pressure Cannot Be Sole Basis To Determine Fact Of Issue: J&K High Court
Shedding light on significant aspects of civil procedure and the burden of proof in civil trials the Jammu and Kashmir and Ladakh High Court has ruled that admissions of liability made outside of court under pressure cannot be the sole basis for deciding a civil case.A bench of Justice Mohammad Yousuf Wani has emphasised, “A civil trial is meant to be conducted strictly as per the provisions...
Principal Employer Liable To Compensate For Worker's Death Even If He Is Engaged Through Contractor: J&K High Court
Upholding the principles of the Employees' Compensation Act, 1923, the Jammu and Kashmir and Ladakh High Court on Tuesday ruled that the principal employer is liable to compensate the accidental death of a worker engaged by a contractor.Citing Section 2 (1)(e) and Section 12 of the Act a bench of Justice Mohammad Yousuf Wani recorded, “that where a principal employer engaged a Contractor...
Justice Tashi Rabstan Appointed As Acting Chief Justice Of J&K And Ladakh High Court
The President of India has appointed Justice Tashi Rabstan, senior-most Judge of High Court of Jammu and Kashmir and Ladakh as Acting Chief Justice of Jammu and Kashmir and Ladakh High Court.This appointment was made consequent to the elevation of Justice N Kotiswar Singh as Judge of Supreme Court of India.A notification to this effect reads, “In exercise of the powers conferred by Article...
O.37 R.3 CPC | Defendant Not Obliged To Apply For Leave To Defend Without Service of Summons: J&K High Court
Quashing an ex parte judgment passed by the 4th Additional District Judge, Srinagar, in a case where the defendant was not served with a summons for judgment the Jammu and Kashmir and Ladakh High Court has ruled that a defendant is only obligated to apply for leave to defend a suit after being served with a summons for judgment.Clarifying the legal position on the issue Justice Sanjay...
Jammu & Kashmir And Ladakh High Court Weekly Roundup: 8 July - 14 July, 2024
Nominal Index:Mehraj ud din Andrabi Vs Zia Darakshan 2024 LiveLaw (JKL) 180Yawar Ahmad Malik Vs UT of J&K 2024 LiveLaw (JKL) 181Fayaz Ahmad Wani Vs Mst Hameeda 2024 LiveLaw (JKL) 182MAHANT GANESH DASS JI V/s STATE OF JK AND ANOTHER (REVENUE DEPARTMENT) 2024 LiveLaw (JKL) 183Rajinder Kumar and others Vs UT of J&K 2024 LiveLaw (JKL) 184Judgments/Orders:Dismissal Of Complaint...
S. 233 CrPC | Denying Accused's Right To Adduce Evidence Amounts To Denial Of Fair Trial: J&K High Court
The Jammu and Kashmir High Court has ruled that denying an accused the right to adduce evidence constitutes a denial of a fair trial. The order overturned an earlier decision by the Fast Track Court POCSO, Srinagar, which had rejected the accused's application to summon defense witnesses.In his ruling, Justice Javed Iqbal Wani cited Section 233 of the Cr.P.C, which stipulates that if an...
Employees Appointed In Violation Of Articles 14 & 16 Can Be Disengaged Without Hearing: J&K High Court
The Jammu and Kashmir and Ladakh High Court has held that employees appointed in contravention of Articles 14 and 16 of the Constitution can be disengaged without the necessity of affording them an opportunity to be heard.In upholding the disengagement of employees appointed by various Municipal Committee without issuing any advertisement notice Justice Javed Iqbal Wani observed, “.. Had...