No One Acquires Title To Property Through Gratuitous Occupation, Even If Possession Continues For Decades: J&K High Court

Reaffirming a key principle of property law the Jammu and Kashmir and Ladakh High Court has held that individuals occupying premises gratuitously cannot claim ownership or legal protection.Justice Sanjay Dhar clarified that the protection can only be granted or extended to a person who has a valid subsisting rent agreement, lease agreement or license agreement in his favour. “Therefore, a person holding a premises gratuitously and whose initial entry in the premises is questionable, would not...

J&K High Court Reaffirms Quranic Injunctions, Secures Muslim Daughter's Inheritance Rights After 43-Year Legal Battle

Underscoring the sanctity of Quranic injunctions concerning inheritance rights the Jammu and Kashmir and Ladakh High Court has ruled in favor of a Muslim woman's right to inherit her father's property, resolving a 43-year-long legal battle initiated by the late Mst. Mukhti. The court reaffirmed that the inheritance rights of daughters, as ordained in Surah An-Nisa of the Holy Quran,...

J&K Prevention Of Corruption Act | Mere Misuse Of Position By Public Servant Without Dishonest Intent Not 'Abuse' U/S 5(1)(d): High Court

The High Court of Jammu & Kashmir and Ladakh has held that mere misuse of position by a public servant, without dishonest intent, does not constitute abuse under Section 5(1)(d) of the J&K Prevention of Corruption Act. The court clarified that dishonest intent, aimed at securing a pecuniary advantage for oneself or others, is essential to attract the provision's mischief.“.. The use...

Jammu & Kashmir And Ladakh High Court Annual Digest [Part I]

Judgments/Orders:Labour Commissioner Competent To Review Ex-Parte Awards Passed Under Workmen's Compensation Act: J&K High CourtCase Title: Sahil Gupta Vs UT of J&KCitation: 2024 LiveLaw (JKL) 1 The Jammu and Kashmir and Ladakh High Court held that a Labour Commissioner is competent to review his ex-parte orders, while hearing an application to set aside such ex-parte award.A bench...

Specific Instances Verifiable By Statements Of Witnesses Essential To Establish “Subjective Satisfaction” For Issuing Detention Orders: J&K High Court

The Jammu and Kashmir and Ladakh High Court has held that the grounds of detention disclosing specific instances verifiable by documents and/or statements of witnesses are essential to establish “subjective satisfaction,” and their absence vitiates detention orders.Such was the finding of Justices Atul Sreedharan and Mohammad Yousuf Wani while setting aside the preventive detention of...

J&K High Court Declares Grameen Bank's ₹2 Lakh Indemnity Bond Condition For New Appointees Void For Violating Banking Regulations

The Jammu and Kashmir and Ladakh High Court has quashed a contentious indemnity bond condition imposed by the Jammu and Kashmir Grameen Bank (JKGB).The court ruled that the condition, which mandated new appointees to execute an indemnity bond of ₹2,00,000 and allowed its encashment upon premature resignation, was not only unauthorized under the Regional Rural Bank Regulations 2010 but...

S.92 CPC | Leave Of Court Mandatory Prerequisite For Instituting Suit, Defect Cannot Be Cured Later: J&K High Court

Reinforcing the mandatory nature of Section 92 of the Civil Procedure Code (CPC) the Jammu and Kashmir and Ladakh High Court has stated that the leave of the court is a condition precedent for instituting a suit under this section.A bench of Justice Javed Iqbal Wani emphasized that a suit instituted without such prior leave is void ab initio, and the defect cannot be rectified later, terming...

Award Passed By Ineligible Arbitrator Can Be Set Aside U/S 34 Of Arbitration Act: Jammu And Kashmir HC

The Jammu & Kashmir and Ladakh High Court bench of Justice Sanjay Dhar has held that award passed by an ineligible arbitrator is liable to be set aside under section 34 of the Arbitration Act. Brief Facts The present petition has been filed under section 34 of the Arbitration Act against an award passed by the Arbitrator by which the claimant has been has been held entitled...

Face Covering By Women Advocates Violates BCI Dress Code: J&K High Court

The High Court of Jammu and Kashmir and Ladakh has categorically held that women advocates cannot appear before the court with their faces covered, citing clear provisions under the Bar Council of India (BCI) rules.These observations arising from proceedings before Justice Moksha Khajuria Kazmi and Justice Rahul Bharti, emphasised that the Bar Council of India (BCI) rules governing the dress...

Jammu and Kashmir and Ladakh High Court Weekly Roundup December 16 - December 22, 2024

Nominal Index:Sardul Singh son of Joga Singh VS Davinder Kour wife of Gurinder Singh 2024 LiveLaw (JKL) 341Vaishno Devi and ors Vs Commissioner Secy. to P.D.D. Department and ors 2024 LiveLaw (JKL) 342Sat Paul Vs UT Of J&K 2024 LiveLaw (JKL) 343UT Of J&K Vs Irfan Qayoom 2024 LiveLaw (JKL) 344J&K Bank Vs Abdul Majeed Bhat 2024 LiveLaw (JKL) 345Mohammad Subhan Shah Vs State Of...

“There Has Been An Increase In Inflation:" J&K High Court Emphasises Revising 'Notional Income' Under Second Schedule Of Motor Vehicles Act

Recognising the impact of inflation and the devaluation of currency over the years the Jammu and Kashmir and Ladakh High Court has emphasised the need to revise the notional income of non-earning persons as stipulated in the Second Schedule of the Motor Vehicles Act, 1988.A bench of Justice Sanjay Dhar has observed that the notional income of ₹15,000, fixed in 1994, fails to reflect...

Proof Of Demand & Voluntary Acceptance Of Bribe Key For Conviction, Recovery Of Marked Currency Notes Not Sufficient: J&K High Court

The Jammu and Kashmir and Ladakh High Court has ruled that the recovery of marked currency notes or a positive hand wash test, without proof of demand and voluntary acceptance of a bribe, cannot sustain a conviction under anti-corruption laws.Acquitting a former Accounts Officer, Justice Puneet Gupta emphasized that the prosecution must establish these fundamental elements beyond a...