Himachal Pradesh High Court Weekly Round-Up November 4 - November 10 2024

Nominal Index:Virender Singh and others. Versus State of H.P. and another 2024 LIveLaw (HP) 58Su-Kam Power System Ltd. & Another versus State of Himachal Pradesh & Others 2024 LiveLaw (HP) 59National Highway Authority of India v. Narayan Das 2024 LiveLaw (HP) 60NHPC Ltd. Vs. Principal Commissioner, CGST and Ors 2024 LiveLaw (HP) 61M/s A.M. Enterprises v. State of Himachal Pradesh & Ors 2024 LiveLaw (HP) 62Tushar Sharma v. State Bank of India 2024 LiveLaw (HP) 63Kundlas Loh Udyog vs....

Power To Attest/Annul Mutation Is Quasi-Judicial, Natural Justice Must Be Adhered To While Invoking It: J&K High Court

The Jammu and Kashmir and Ladakh High Court has emphasized that the authority to attest or annul a mutation is quasi-judicial in nature. Such authority, vested in Revenue Officers, must be exercised in strict compliance with the J&K Land Revenue Act, ensuring an opportunity for the affected parties to be heard in line with natural justice principles, the court underscored.“The power to attest a mutation as also the power to set aside the mutation, is quasi judicial in nature. This power is...

Jammu and Kashmir and Ladakh High Court Weekly Roundup November 4 To November 10, 2024

Nominal Index:White Globe Vs State of J&K 2024 LiveLaw (JKL) 297Anu Bala Vs Rajesh Singh 2024 LiveLaw (JKL) 298Mohammad Tajamul Masoodi Vs UT Of J&K 2024 LiveLaw (JKL) 299Muhammad Shafi Wani VS Muhammad Sultan Bhat 2024 LiveLaw (JKL) 300Zaka Chowdhary Vs UT Of J&K 2024 LiveLaw (JKL) 301Syed Shaifta Arifeen Balkhi Vs J&K Public Service Commission & Ors 2024 LiveLaw...

CRPC | Magistrate Need Not Pass Detailed Order At Process Issuance Stage, Application Of Mind Is Crucial: J&K High Court

The Jammu and Kashmir and Ladakh High Court has held that while a formal or reasoned order is not mandatory when a Magistrate issues a process under Sections 190/204 of the Criminal Procedure Code, it is crucial that the Magistrate's order shows an indication of thoughtful consideration of the matter.Justice Rajnesh Oswal made this observation while dismissing a petition challenging the...

Jammu & Kashmir And Ladakh High Court Monthly Digest: October 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...

J&K Reservation Rules | 4% Quota For Physically Challenged Persons Is Overall Horizontal Reservation, Not Compartmentalised: High Court

Resolving a significant question regarding reservation rules for physically challenged persons the Jammu and Kashmir and Ladakh High Court has clarified that the 4% reservation for physically challenged individuals, as outlined in the J&K Reservation Rules of 2005, constitutes an overall horizontal reservation, which applies broadly and does not operate as a...

Comparing Evaluation Methods Of J&K Public Service Commission With UPSC Lies Beyond Domain Of Judicial Review: High Court

In a recent judgment, the Jammu and Kashmir and Ladakh High Court emphasised that determining the effectiveness of evaluation methods used in competitive examinations, such as those by the Jammu and Kashmir Public Service Commission (JK PSC), compared to those by the Union Public Service Commission (UPSC), is a matter best left to experts.A bench of Justices Atul Sreedharan and Sanjay...

For Offence U/S 504 IPC, Insult Must Provoke Complainant To Breach Public Peace Or Commit Offence: J&K High Court

The Jammu & Kashmir High Court, in a recent judgment, quashed the complaint and proceedings against an accused, holding that the provisions under Sections 504 and 506 of the Indian Penal Code (IPC) were not substantiated by the complaint's allegations.The court, exercising its inherent jurisdiction under Section 482 of the Code of Criminal Procedure, underscored the necessity of...

Ministry Of Law & Justice Increases Sanctioned Bench Strength Of J&K And Ladakh High Court From 17 To 25

In a letter to the Chief Justice of the Jammu & Kashmir and Ladakh High Court, Justice Tashi Rabstan, the Ministry of Law and Justice announced an increase in the sanctioned strength of judges in the high court of J&K from 17 to 25.In his communication Law Minister Arjun Meghwal wrote, “The Judge strength of the High Court of Jammu & Kashmir and Ladakh has been reviewed and...

Careful Consideration Of Grounds On Which Bail Has Been Granted To Detenue Is Critical In Preventive Detention Cases: J&K High Court

The Jammu and Kashmir and Ladakh High Court has emphasised that when bail is granted not on the merits of the case but due to procedural defaults under Section 167 of the Criminal Procedure Code or for urgent temporary purposes, such grounds might not favor the detainee.A bench of Justice Wasim Sadiq Nargal ruled that in these cases, authorities may view such circumstances as...

Complainant Or Dependents Must Be Issued Notice And Heard When Accused Seeks Bail Under SC/ST Act: J&K High Court

Shedding light on the right of a victim under the SC/ST (Prevention of Atrocities) Act, 1989 the Jammu and Kashmir and Ladakh High Court has asserted that a complainant or their dependent must be issued notice and heard when an accused seeks bail under the Act.Citing provisions of the Act a bench of Justice M. A Chowdhary observed, “On a harmonious reading of both the Sub-sections (3) and...

High Court Directs Jammu & Kashmir And Ladakh Authorities To Ensure Smooth Movement Of Ambulances For Public Health Emergencies

Aiming to streamline emergency medical transportation, the Jammu and Kashmir and Ladakh High Court has mandated the Union Territories (UTs) of Jammu & Kashmir and Ladakh to develop a mechanism for ensuring hassle-free ambulance movement across both UTs.While closing a Public Interest Litigation (PIL) a bench composed of Chief Justice Tashi Rabstan and Justice Puneet Gupta, underscored...