Commissioner Under Order 26 Rule 9 CPC Should Only Be Appointed When Evidence Presented By Parties Is Insufficient To Resolve Dispute: J&K High Court

The Jammu and Kashmir High Court held that a Commission under Order 26 Rule 9 CPC could be issued only when the trial court is unable to decide the controversy based on the evidence placed by the parties.The court noted that a Commissioner under Order 39 Rule 7 CPC is appointed for inspection purposes, while a Commissioner under Order 26 Rule 9 CPC is meant for investigation to elucidate disputed facts.A bench of Justice Rajnesh Oswal said that there was no factual ambiguity requiring local...

Security Threats Faced By Litigants Justify Alternative Measures Like Virtual Hearings Instead Of Transferring Case: J&K High Court

Recognizing that the petitioners had legitimate security concerns due to their migration from Kashmir in the past the Jammu and Kashmir High Court allowed a virtual hearing for the party from the Jammu Wing in a case before its Srinagar Wing.The petitioner had sought the transfer of the appeal from the Srinagar Wing to the Jammu Wing, citing security concerns. However, the court stated that the availability of virtual hearings mitigates the necessity for a physical transfer of the case.Chief...

Jammu & Kashmir And Ladakh High Court Weekly Roundup March 17 - March 23, 2024

Nominal Index:S. Charanjeet Singh vs UT of J&K and Anr 2025 LiveLaw (JKL) 94NA Ronga Vs UT Of J&K 2025 LiveLaw (JKL) 95Farukh Jehanzeb Vs Muzaffar Ali Kapra And Anr 2025 Livelaw (JKL) 96Smt. Sudershan Sharma vs Union Territory of Jammu and Kashmir 2025 LiveLaw (JKL) 97Mohammad Shafi Naikoo Vs UT Of J&K 2025 LiveLaw (JKL) 98Sumesh Chadha vs UT of J&K and Anr 2025 LiveLaw...

Employer Setting Cut-Off Dates For Pension Schemes Not Violative Of Article 14: J&K High Court

The High Court of Jammu & Kashmir and Ladakh has ruled that employers are well within their rights to fix a cut-off date for introducing new pension or retirement schemes, and such decisions do not violate the equality clause under Article 14 of the Constitution.The court thus upheld the government's decision to grant pension benefits only to employees of the Sher-i-Kashmir International Conference Center (SKICC) who retired on or after January 1, 2014, while denying the same to those who...

Indian Army's Core Function Of National Security Is A Sovereign Function, Cannot Be Categorized As 'Industry': J&K High Court

The Jammu and Kashmir High Court ruled that the Army does not fall within the definition of an 'Industry' and thus, the Labour Court, which had ruled in favor of the writ petitioners serving as porters in the Indian Army, ordered their reinstatement with full back wages, had no jurisdiction to entertain the case.The court said that it was not the case of the writ petitioners that their role...

Validity Of Administrative Orders Must Be Judged On Initial Reasoning, Not Through Affidavits Filed Later: J&K High Court

Reinforcing the principle of fairness and reasonableness in government dealings, especially in contractual matters, the Jammu and Kashmir and Ladakh High Court has held that the validity of an administrative order must be judged solely by the reasons mentioned at the time of its issuance and cannot be bolstered by additional grounds introduced later through affidavits or other means.Quashing...

“Evidence Too Weak To Arrive At Different Conclusion”: J&K HC Upholds Acquittal Of Accused In Ex-Education Minister's Assassination Case

The Jammu and Kashmir and Ladakh High Court has upheld the acquittal of three accused in the 2005 assassination case of former Education Minister Gulam Nabi Lone, stating that the "evidence on record is too weak and shaky to arrive at a conclusion different from one arrived at by the Trial Court."The bench, comprising Justices Sanjeev Kumar and Puneet Gupta, dismissed the State's appeal...

Procedure U/S 329 CrPC For Accused With Unsound Mind Applies Only After Framing Of Charges: J&K High Court

The High Court of Jammu & Kashmir and Ladakh has clarified that the provisions of Section 329 of the Code of Criminal Procedure (Cr.P.C), which deal with the procedure for trying a person of unsound mind, can only be invoked after the framing of charges in a criminal trial.A bench of Justice Sanjay Dhar emphasized that the trial court cannot entertain an application under Section 329...

'Bonafide Interpretation Of Judgment, Though Wrong, Not Contempt': J&K&L High Court Closes Contempt Against Shardul Amarchand Mangaldas

The Jammu and Kashmir High Court held that interpretation of a Court judgment, even if differing from Court's intended meaning, generally does not constitute Contempt of Court as long as the interpretation is not wilfully or deliberately wrong, and does not obstruct course of justice.A bench of Justices Sanjeev Kumar, Justice Moksha Khajuria Kazmi held that the legal notice by the...

J&K High Court Allows Re-Recording Of S.164 Cr.PC Statement After Woman Says She Was Pressurised To Implicate Party In False Rape Case

The Jammu and Kashmir High Court held that the statement recorded before the magistrate can be re-recorded and there is no bar under section 164 CRPC for recording the statement of a witness more than once.The above ruling came when the petitioner made a request for re-recording of her statement stating that her first S.164 Crpc statement was not willful and she was forced to give the...

S.37 Of NDPS Act Not A Blanket Ban On HC's Powers To Grant Bail On Humanitarian Or Medical Grounds: J&K High Court

The Jammu and Kashmir and Ladakh High Court has held that the provisions of Section 37 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act do not act as a blanket ban on the powers of the High Court under Section 439 of the Code of Criminal Procedure (Cr.P.C).A bench of Justice Mohammad Yousuf Wani emphasized that while Section 37 imposes restrictions on granting bail in cases...

Unilateral And Retrospective Enhancement Of Rent Is Unjust, Not Permissible Under Law: J&K High Court

The Jammu and Kashmir High Court has held that a party cannot be permitted to unilaterally and retrospectively alter the rent amount fixed with the tenant.Justice MA Chowdhary held that it was not permissible for the respondent to revise the rent twice in the same year. The court said that notice requiring the petitioner to pay the revised rent increasing it to 100% was not permissible and...