S.139 NI Act | Once Complainant Proves That Cheque Was Issued By Accused To Discharge Debt, Burden Shifts On Accused: J&K High Court

Spotlighting the critical shift in evidentiary burden under Section 139 of the Negotiable Instruments Act, 1881 the Jammu and Kashmir and Ladakh High Court has observed that once the complainant proves that a cheque was issued by the accused to discharge a debt, Section 139 mandates that the burden of proof shifts to the accused.The accused is then required to prove that the cheque was not...

Unexplained & Unsatisfactory Delay In Executing Detention Order Raises Doubts About Detaining Authority's Subjective Satisfaction: J&K High Court

The Jammu and Kashmir & Ladakh High Court has recently quashed a preventive detention order observing that the unexplained and unsatisfactory delay in executing the detention order raised doubts about the genuineness of the detaining authority's subjective satisfaction.A bench of Justice Mohammad Yousuf Wani emphasized that such delays disrupt the essential "live link" between the grounds...

Arbitrarily Labelling Individuals As Habitual Offenders Not Only Taints Them But Also Impairs Their Fundamental Rights: J&K High Court

Quashing the police action of branding a Jammu resident as a history-sheeter and entering his name in the Surveillance Register the Jammu and Kashmir and Ladakh High Court has underscored that the arbitrary labeling of individuals as habitual offenders without due process not only taints their image but also impairs their fundamental rights under Article 21 of the Constitution.“If the...

Jammu & Kashmir And Ladakh High Court Weekly Roundup: October 21 - October 27, 2024

Nominal Index:Dr Sumit Sabarwal Vs Dr Om Prakash Gupta 2024 LiveLaw (JKL) 282United India Insurance Company Vs Taja Begum 2024 LiveLaw (JKL) 283Shafqat Wani Vs Universal Sompo General Insurance Co. Ltd 2024 LiveLaw (JKL) 284J&K High Court Bar Association, Srinagar, through, Arshad Andrabi Vs State Of J&K 2024 LiveLaw (JKL) 285M/S Multi Trading Agencies v. UT of J&K (and...

"Attempt To Wreak Vengeance, Divert From Core Issues": J&K High Court Quashes Defamation Complaint

Quashing a defamation complaint, citing the improper use of judicial processes for personal vendetta the Jammu and Kashmir and Ladakh High Court has highlighted that judicial mechanisms cannot be exploited to satisfy personal egos or to pursue vengeance.A bench of Justice Javed Iqbal Wani added that the filing of the impugned complaint amounted to a misuse of the judicial process, undermining...

Failure To Apply Statutes And Binding Precedents Constitutes Error Reviewable Under Order 47 Rule 1 CPC: J&K High Court

The Jammu and Kashmir and Ladakh High Court has emphasised that the failure to apply statutes and binding precedents constitutes a palpable legal flaw warranting review under Order 47 Rule 1 of the Code of Civil Procedure, 1908.A bench of Justice M.A Chowdhary clarified that courts must adhere to applicable statutes and precedents, especially those laid down by the Supreme Court, to...

Objections To Pecuniary Jurisdiction Must Be Raised Early In Trial, Else Would Be Barred In Appeal Unless Failure of Justice Occurs: J&K High Court

The Jammu and Kashmir and Ladakh High Court has clarified that objections concerning the pecuniary limits of a court's jurisdiction must be raised at the earliest opportunity in the trial court. If not, they cannot be entertained by appellate or revisional courts, unless the oversight caused a failure of justice, as prescribed under Section 21 of the Civil Procedure Code (CPC), the...

Denial Of Bail Must Be A Judicious Exception, Personal Liberty Under Article 21 'Too Precious' To Be Curtailed Casually: J&K High Court

Reaffirming the fundamental value of personal liberty enshrined under Article 21 of the Constitution, the Jammu and Kashmir and Ladakh High Court has granted absolute anticipatory bail to one accused in a case involving sexual offenses and harassment.While making the interim pre arrest bail absolute in nature Justice Mohammad Yousuf Wani emphasized that the denial of bail is not a matter...

MV Act | Narrow Or Technical Interpretation Of “Income” Defeats Objective Of Providing Just Compensation To Victims, Dependents: J&K High Court

Underscoring the importance of a balanced approach in determining compensation under the Motor Vehicles Act, the Jammu and Kashmir and Ladakh High Court has emphasized that the term “income” cannot be given a narrow or technical meaning, as such an approach defeats the objective of providing just compensation to victims and their dependents.Highlighting the balancing act that a Motor...

Army Public Schools Are Not 'State' Under Article 12, Employment Disputes Not Maintainable Under Writ Jurisdiction: J&K High Court

The Jammu & Kashmir and Ladakh High Court has ruled that Army Public Schools (APS) and their governing body, the Army Welfare Education Society (AWES), do not qualify as the "State" under Article 12 of the Indian Constitution.Consequently, a bench of Justice Wasim Sadiq Nargal clarified that employment disputes concerning APS teachers, governed by private contractual terms, cannot...

Notice U/S 271(1)(c) Of IT Act Must Specify Whether Penalty Is Against 'Concealment' Of Income Or Furnishing 'Incorrect' Income: J&K High Court

The Jammu and Kashmir and Ladakh High Court has made it clear that notice to an assessee proposing imposition of penalty under Section 271(1)(c) of the Income Tax Act, 1961 has to clearly specify whether assessee is accused of 'concealing' his income or furnishing 'incorrect' income particulars. Section 271(1)(c) stipulates that penalty proceedings can be initiated provided...

High Court Dismisses Plea Challenging Amendment to Public Safety Act By 'J&K Bar Association, Srinagar' Due To Lack of Locus Standi

The Jammu and Kashmir and Ladakh High Court, comprising Chief Justice Tashi Rabstan and Justice M.A. Chowdhary has dismissed a Public Interest Litigation (PIL) filed by the J&K High Court Bar Association, Srinagar. The PIL, which challenged the validity of the 2018 Amendment to the Jammu & Kashmir Public Safety Act (PSA), was dismissed on the grounds of maintainability and lack of...