Res Judicata Not Applicable To Domestic Violence Proceedings Where Circumstances Justify Filing Second Petition: J&K High Court

The Jammu and Kashmir and Ladakh High Court has clarified that the principles of res judicata or analogous provisions of the Civil Procedure Code cannot restrict proceedings under the Domestic Violence (DV) Act if the aggrieved person provides valid reasons for filing a second petition after withdrawing the earlier one.Dismissing a petition challenging the lower court orders Justice Sanjay Dhar reiterated the distinct and remedial nature of proceedings under the DV Act and observed, “The...

Preventive Detention Must Be Invoked With All Due Care And Circumspection: J&K High Court Quashes Detention Order

Underscoring the sacrosanct nature of personal liberty, the High Court of Jammu & Kashmir and Ladakh quashed a preventive detention order, terming it as a product of non-application of mind and procedural lapses.The Court emphasized that preventive detention, an extraordinary measure, requires meticulous care and caution as it involves the deprivation of an individual's most...

Petition U/S 11 Of Arbitration Act Is Maintainable If Statutory Remedy Before Invoking Arbitration Clause Is Exhausted: J&K And Ladakh HC

The Jammu & Kashmir and Ladakh High Court bench of Chief Justice Tashi Rabstan has held that once the statutory remedy under contract is exhausted, arbitration clause can be invoked and appointment of the arbitrator can be sought under section 11 of the Arbitration Act.In this case, the respondent had to constitute Dispute resolution Board (DRB) within 30 days after execution...

Fresh Arbitrator Can Be Appointed By Court U/S 14 Of Arbitration Act If Proposed Arbitrator Is Ineligible U/S 12(5): J&K And Ladakh HC

The Jammu & Kashmir and Ladakh High Court bench of Chief Justice Tashi Rabstan affirmed that when the arbitration clause is found to be foul with the amended section 12(5) of the Arbitration Act, the appointment of the arbitrator would be beyond the pale of the arbitration agreement. In such eventuality, the court can be approached under section 14 of the Arbitration Act for...

J&K High Court Directs Govt To Create 334 Judicial Posts Within 60 Days, Emphasises Binding Nature Of Directive

Asserting that recommendations by the High Court or its Chief Justice regarding the creation of posts are binding on the government the Jammu and Kashmir and Ladakh High Court has directed the Union Territory (UT) of J&K to create 334 posts in various judicial categories within 60 days, emphasizing the judiciary's autonomy and the government's obligation to comply.Commenting on the action...

Jammu & Kashmir And Ladakh High Court Weekly Round-Up: November 11 To 17th, 2024

Nominal Index:Mohd Latif Vs UT Of J&K 2024 LiveLaw (JKL) 304Afrooza & Anr Vs Mohammad Aslam Dar 2024 LiveLaw (JKL) 305UT Of J&K Vs Sajad Ahmad Shah & Anr 2024 LiveLaw (JKL) 306Taxi Sumo Stand No 1 Vs UT Of J&K 2024 LiveLaw (JKL) 307Balwant Singh Vs State of J&K 2024 LiveLaw (JKL) 308State Of J&K Vs Abid Hussain 2024 LiveLaw (JKL) 309Chander Prabha Vs UT Of J&K...

Govt Recognised Private Schools May Fall Under Writ Jurisdiction, But Writ Of Mandamus Limited To Public Law Actions: J&K High Court

The Jammu & Kashmir and Ladakh High Court has held that while unaided private educational institutions recognized by the government or affiliated to statutory boards may qualify as “public authorities” amenable to writ jurisdiction, a writ of mandamus can only be issued if the actions of such institutions fall within the domain of public law rather than private law.A bench of...

Jammu & Kashmir High Court Seeks Compliance On Eviction Of Unauthorized Occupants From Govt Accommodations

The Jammu & Kashmir High Court addressed a Public Interest Litigation concerning the continued occupation of government-provided accommodations by former ministers and political persons who no longer held positions entitling them to such residences.The court observed that despite repeated directions, the respondents, including the Estates Department, had failed to take meaningful steps...

Alteration Of Settlement Records Impermissible Unless Registered Instrument Is Produced Before Relevant Officer Or Court: J&K High Court

Reiterating that a transfer of immovable property cannot be deemed valid unless it is executed in writing and registered as per the provisions of the Registration Act the Jammu and Kashmir and Ladakh High Court has emphasized that the alteration of settlement records is impermissible unless a registered instrument is produced before the relevant Revenue or Settlement Officer or Court.Citing...

Statements In Newspapers Are Merely Hearsay & Cannot Serve As Proven Facts Unless Corroborated By Author: J&K High Court

The Jammu and Kashmir and Ladakh High Court has ruled that statements in newspapers are merely hearsay and cannot serve as proven facts unless corroborated by the author.A bench of Justice Sanjay Dhar observed, “The assertion made in a newspaper cannot be treated as proved facts reported therein. A statement of fact contained in a newspaper is merely hearsay and, in the absence of statement...

HC Has Duty To Maintain Accurate Records Within Its Jurisdiction To Ensure Justice Prevails In Accordance With Law: J&K High Court

Reiterating that the High Court, as a court of record, derives its power to review judgments under Article 215 of the Constitution of India the Jammu and Kashmir and Ladakh High Court has emphasized its obligation and duty to maintain accurate records within its jurisdiction, ensuring justice prevails in accordance with the law.Clarifying the mandate and obligation of the High Court as...

Sites Intended To Function As Bus Or Taxi Stands Must Be Officially Notified By Govt After Consulting Local Authorities: J&K High Court

The Jammu and Kashmir and Ladakh High Court has reiterated that any site intended to function as a bus or taxi stand must be officially notified by the government or an authorized officer, who is required to consult local authorities beforehand.A Division bench of Justices Sanjeev Kumar and Rajesh Sekhri underscored that if the proposed stand falls within the jurisdiction of a local body, such...