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 Sec 138 of the J&K Transfer of Property Act Justices Atul Sreedharan and Sanjay Dhar observed, “it is...

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 of the maker of the news report, the same cannot be relied upon as a proved fact”This observation arose in...

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 envisaged under Article 215 Justice Javed Iqbal Wani opined, “It would be appropriate to mention here that...

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...

J&K CSR | Absence From Duty Regardless Of Duration Does Not Mean Automatic Job Termination, Right To Hearing Is Essential: High Court

The High Court of Jammu and Kashmir and Ladakh has underscored the right to a hearing for employees who are absent from duty, ruling that absence, irrespective of duration, does not automatically end employment.A bench of Justices Sanjeev Kumar and Rajesh Sekhri cited Regulation 113 of J&K Civil Service Regulation (CSR) and observed, “Absence from duty, howsoever long, cannot result...

Family Courts Must Strive For Settlement With Balanced Approach, Avoid Procrastination & Haste: J&K High Court

The Jammu and Kashmir and Ladakh High Court has emphasized the role of family courts under the Family Courts Act, 1984, asserting that these courts must strive to mediate and help the parties reach a fair settlement.While adjudicating upon a matter under the Act a bench of Justice Javed Iqbal Wani underscored that family courts are equipped to follow procedures they deem suitable to...

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...

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...