Search Results for Tag : Jammu and Kashmir and Ladakh High Court
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J&K&L HC: Presumption of Innocence U/S 3(i) of JJ Act Not Applicable to Adult Co-Accused(04.07.2022)
Jammu and Kashmir and Ladakh High Court has held that the presumption of innocence in favour of a juvenile under Section 3(i) of the Juvenile Justice .....
Tags : Jammu and Kashmir and Ladakh High Court, Juvenile Justice, Presumption of Innocence
J&K&L HC: Judges Must Refrain from Making Derogatory Remarks Against Parties(05.07.2022)
Jammu and Kashmir and Ladakh High Court has held that Judges should refrain from making harsh or disparaging remarks against counsels, parties or witn.....
Tags : Jammu and Kashmir and Ladakh High Court, Derogatory Remarks
J&K&L HC: Parties Cannot Approach Court Under Section 482 CrPC With Inordinate Delay(06.07.2022)
Jammu and Kashmir and Ladakh High Court has held that a party cannot approach the High Court under Section 482 of the Code of Criminal Procedure (CrPC.....
Tags : Jammu and Kashmir and Ladakh High Court, Limitation, Inordinate Delay
J&K&L HC: Person Absconding And Evading Execution of Warrant Not Entitled to Anticipatory Bail(06.07.2022)
Jammu and Kashmir and Ladakh High Court has held that a person against whom a warrant who is absconding and evading the execution of a warrant, is not.....
Tags : Jammu and Kashmir and Ladakh High Court, Anticipatory Bail, Absconding
J&K&L HC: Promotion Based on 'Educational Qualification' Not Violative of Art. 14 & 16(06.07.2022)
Jammu and Kashmir and Ladakh High Court has held that classification on the basis of educational qualification for promotion is permissible in law and.....
Tags : Jammu and Kashmir and Ladakh High Court, Promotion, 'Educational Qualification
J&K&L HC: Repeated Sexual Activity With Child Not Possible Without Any Injury in Genital Area(11.07.2022)
Jammu and Kashmir and Ladakh High Court while setting aside the conviction order of the trial court passed against a rape accused, has held that repea.....
Tags : Jammu and Kashmir and Ladakh High Court, Sexual Activity, Injury, Genital Area
J&K&L HC: Can’t Deny Promotion Merely Because Criminal Proceedings Are Pending Against Employee(22.08.2022)
Jammu and Kashmir and Ladakh High Court has held that promotion can’t be withheld merely because some criminal proceedings are pending against employe.....
Tags : Jammu and Kashmir and Ladakh High Court, Promotion, Criminal Proceedings
J&K&L HC: Detaining Authority Must Show Compelling Reasons for Preventive Detention(23.08.2022)
Jammu and Kashmir and Ladakh High Court has held that preventive detention orders can be passed even when a person is in police custody. However the c.....
Tags : Jammu and Kashmir and Ladakh High Court, Preventive Detention, Police Custody
J&K&L HC: PF & Pecuniary Benefits Received By Legal Heirs of Deceased Have No Co-Relation With MAC(23.08.2022)
Jammu and Kashmir and Ladakh High Court has held that Provident Fund (PF), and other pecuniary advantages receivable by heirs on account of one's deat.....
Tags : Jammu and Kashmir and Ladakh High Court, Motor Accident Claim, Pecuniary Advantages
J&K&L HC: Acts Which Gravely Prejudice Public Order Qualify as Acts Prejudicial to Security of State(26.08.2022)
Jammu and Kashmir and Ladakh High Court has held that every act which is prejudicial to the security of the state would qualify to be an act prejudici.....
Tags : Jammu and Kashmir and Ladakh High Court, Public Order, Security of State
J&K&L HC: Changing Label of Offence Does Not Overcome Bar on Cognizance For Offence Under CrPC(26.08.2022)
Jammu and Kashmir and Ladakh High Court has held that merely by changing the label of the offence by making it one under Section 420 Indian Penal Code.....
Tags : Jammu and Kashmir and Ladakh High Court, Cognizance, labels
J&K&L High Court Reopens 2003 Nadimarg Massacre Case(26.08.2022)
Jammu and Kashmir and Ladakh High Court has ordered the reopening of the infamous Nadimarg Massacre Case, after a decade, by recalling an order dated .....
Tags : Jammu and Kashmir and Ladakh High Court, Nadimarg Massacre Case, Reopen
J&K&L High Court Orders 10 Lakh Compensation in Illegal Deprivation of Land Case(04.01.2022)
Jammu and Kashmir and Ladakh High Court has directed the Jammu and Kashmir Government to pay Rs. 10 Lakh as compensation to the petitioners in a case .....
Tags : Jammu and Kashmir and Ladakh High Court, Illegal Deprivation of Land Case
J&K&L HC: Dishonour of Cheque Due to Incomplete Signature Offence u/s 138 of NI Act(05.01.2022)
Jammu and Kashmir and Ladakh High Court has held that the dishonour of a cheque for the reason that there were incomplete signatures appearing on the .....
Tags : Jammu and Kashmir and Ladakh High Court, Dishonour of Cheque, Incomplete Signature
J&K&L HC: Successful Prosecution is Based Upon Quality of Investigation, Not Length of Custody(05.12.2022)
Jammu and Kashmir and Ladakh High Court has observed that a successful prosecution of a criminal case in a court of law is based upon quality of polic.....
Tags : Jammu and Kashmir and Ladakh High Court, Police Investigation, Custody
J&K&L HC: Enquiry Before Termination Not Necessary if Appointment Obtained Fraudulently(06.12.2022)
Jammu and Kashmir and Ladakh High Court has held that if an appointment is non-est in the eyes of law or is based upon forgery and fraud, it is not ne.....
Tags : Jammu and Kashmir and Ladakh High Court, Termination, Fraudulently
J&K&L HC: When WP Dismissed in Default is Restored, Orders Passed Therein are Revived(07.12.2022)
Jammu and Kashmir and Ladakh High Court has held that as corollary to the restoration of a writ petition, dismissed in default, all orders passed woul.....
Tags : Jammu and Kashmir and Ladakh High Court, Default, Orders, Restored
J&K&L HC: Adhoc Employee Can't Replace Another Adhoc Employee(08.12.2022)
Jammu and Kashmir and Ladakh High Court while observing that an ad hoc employee cannot be replaced by another ad hoc employee, has held that such posi.....
Tags : Jammu and Kashmir and Ladakh High Court, Adhoc Employee, Appointment
J&K&L HC: State Consumer Commission Not Empowered to Exercise Powers of Review(19.12.2022)
Jammu and Kashmir and Ladakh High Court has held that State Consumer Commissions and District Consumer Forums are not empowered to exercise powers of .....
Tags : Jammu and Kashmir and Ladakh High Court, State Consumer Commissions, Review
JKL HC: Compensation for No Fault Liability Adjustable in Compensation Claimed for Fault Liability(20.12.2022)
Jammu and Kashmir and Ladakh High Court has held that compensation paid under the "No Fault liability" provision under Section 140 of Motor Vehicles A.....
Tags : Jammu and Kashmir and Ladakh High Court, No Fault Liability, Compensation
J&K&L HC: Investigating Agency of State Government Can Probe Scheduled UAPA Offences(21.12.2022)
Jammu and Kashmir and Ladakh High Court recently has held that provisions of National Investigation Act do not prohibit investigation of Scheduled off.....
Tags : Jammu and Kashmir and Ladakh High Court, Investigating Agency, UAPA, Scheduled Offences
J&K&L HC: Writ Jurisdiction Can’t Override Efficacious Statutory Dispensation(21.12.2022)
Jammu and Kashmir and Ladakh High Court has held that where statutory remedy is created by law, the writ petition should not be entertained ignoring t.....
Tags : Jammu and Kashmir and Ladakh High Court, Writ Jurisdiction, Override
J&K&L HC: Constitute Expert Committee to Make Chenab Valley Accident Free(22.12.2022)
Jammu and Kashmir and Ladakh High Court has directed UT Government to constitute an expert Committee to ascertain the reasons for repeated road accide.....
Tags : Jammu and Kashmir and Ladakh High Court, Expert Committee, Chenab Valley, Accident
J&K&L HC: Letter of Intent Cannot Create Prospective Rights(23.12.2022)
Jammu and Kashmir and Ladakh High Court has held that Letter of Intent is only a formality of initiation of process and right to claim grant of lease .....
Tags : Jammu and Kashmir and Ladakh High Court, Letter of Intent, Mining Rules
J&K&L HC: Can’t Challenge Enquiry Committee’s Proceeding After Taking Part in it Without Objection(27.12.2022)
Jammu and Kashmir and Ladakh High Court has held that a person is not entitled to challenge the constitution of the enquiry committee after finding th.....
Tags : Jammu and Kashmir and Ladakh High Court, Enquiry Committee, Objection
J&K&L HC: S.482 CrPC Can’t be Invoked to Check Correctness of Allegations(27.12.2022)
Jammu and Kashmir and Ladakh High Court while observing that powers of the court under Section 482 Cr.P.C are to be exercised with great amount of cau.....
Tags : Jammu and Kashmir and Ladakh High Court, Section 482, Allegations, Caution
J&K&L HC: Documents Issued by Public Servant Are Supposed to be in Public Domain(29.12.2022)
Jammu and Kashmir and Ladakh High Court while setting aside an order directing Anti-Corruption Bureau to inquire how litigant managed to get hold of d.....
Tags : Jammu and Kashmir and Ladakh High Court, Documents, Public Servant, Public Domain
J&K&L HC to J&K Admin: Remove Encroachments from Public Roads(30.12.2022)
Jammu and Kashmir and Ladakh High Court has directed J&K Government and Jammu Municipal Corporation to ensure that no structure of any kind is allowed.....
Tags : Jammu and Kashmir and Ladakh High Court, Encroachments, Public Roads
J&K&L HC: Cause of Action in Case of Contract of Insurance Accrues on Date of Repudiation of Claim(02.01.2023)
Jammu and Kashmir and Ladakh High Court has observed that 'cause of action' in an insurance case can also accrue on the date the claim lodged by the i.....
Tags : Jammu and Kashmir and Ladakh High Court, Contract of Insurance, Repudiation
J&K&L HC: Judicial Review Restricted to Public Functions if Pvt Entity Amenable to Writ Jurisdiction(02.01.2023)
Jammu and Kashmir and Ladakh High Court has held that if a private entity is amenable to writ jurisdiction, the powers of judicial review are confined.....
Tags : Jammu and Kashmir and Ladakh High Court, Private Entity, Writ Jurisdiction
J&K&L HC: Case of Courtship & Consensual Physical Relation Does Not Amount To Rape(25.02.2022)
Jammu and Kashmir and Ladakh High Court has observed that a promise to marry, whereby two adults engaged in a physical sexual relationship is a case o.....
Tags : Jammu and Kashmir and Ladakh High Court, Consensual Physical Relation
J&K&L HC Dismisses Appeal Against MACT Award on Basis of Invalid Driving License(28.02.2022)
Jammu and Kashmir and Ladakh High Court has dismissed an appeal moved by an Insurance company wherein it had challenged the award made by Motor Accide.....
Tags : Jammu and Kashmir and Ladakh High Court, Basis of Invalid Driving License
J&K&L High Court Quashes Detention Order Against Shabir Ahmad Malik(28.02.2022)
Jammu and Kashmir and Ladakh High Court has quashed a detention order passed against one Shabir Ahmad Malik as it noted that to classify the detenu as.....
Tags : Jammu and Kashmir and Ladakh High Court, Shabir Ahmad Malik
JKL HC: Standing Order Issued by State for Regulation of Stone Crushing Units is a Valid Legislation(06.03.2023)
Jammu and Kashmir and Ladakh High Court while observing that Standing Order issued by J&K Government in 2021 for regulation of the stone crushing unit.....
Tags : Jammu and Kashmir and Ladakh High Court, Stone Crusher, Standing Order
JKL HC: Creation of Special Authority No Reason to Condone Delay(06.03.2023)
Jammu and Kashmir and Ladakh High Court has observed that creation of an Authority under special legislation cannot be a reason to condone delay and i.....
Tags : Jammu and Kashmir and Ladakh High Court, Special Authority, Delay
JKL HC: Cause of Action Not Generated Merely by Repeated Representation(07.03.2023)
Jammu and Kashmir and Ladakh High Court has held that Cause of Action can’t be generated merely by making repeated representations to the concerned au.....
Tags : Jammu and Kashmir and Ladakh High Court, Cause of Action, Repeated Representation
J&K&L HC Rejects PIL Seeking Prohibition on Illegal Practice of Slaughtering of Animals(21.02.2022)
Jammu and Kashmir and Ladakh High Court has rejected a Public Interest Litigation (PIL) plea seeking prohibition on the illegal practice of slaughteri.....
Tags : Jammu and Kashmir and Ladakh High Court, Illegal Practice of Slaughtering of Animals
J&K&L HC: Petition U/A 226 Can be Filed Even When Fundamental Right is Threatened(08.02.2023)
Jammu and Kashmir and Ladakh High Court has held that a petition under Article 226 can be moved even when fundamental right of a citizen is threatened.....
Tags : Jammu and Kashmir and Ladakh High Court, Fundamental Right, Threatened
JKL HC: Can’t Register FIR Against Journalist Reporting on Information Given by Identifiable Source(13.02.2023)
Jammu and Kashmir and Ladakh High Court while quashing FIR against a journalist, has observed that restrains can’t be placed on Press by registering F.....
Tags : Jammu and Kashmir and Ladakh High Court, Journalist, FIR, Identifiable Source
JKL HC: Threat to Public Health is Ground for Detention(13.02.2023)
Jammu and Kashmir and Ladakh High Court has held that merely because detaining Authority among other grounds has also observed that activities of dete.....
Tags : Jammu and Kashmir and Ladakh High Court, Detention, PIT-NDPS Act
JKL HC: Accused Can't Choose Place of Prosecution Citing Unfounded Security Apprehensions(14.02.2023)
Jammu and Kashmir and Ladakh High Court while dismissing plea filed by social activist seeking transfer of a defamation complaint, has observed that a.....
Tags : Jammu and Kashmir and Ladakh High Court, Transfer, Security Apprehensions, Defamation
JKL HC: Cross FIRs Permissible in Case of Different Versions of Parties Regarding Same Incident(14.02.2023)
Jammu and Kashmir and Ladakh High Court has held that there can’t be two FIRs with regard to same occurrence but registration of cross FIRs is permiss.....
Tags : Jammu and Kashmir and Ladakh High Court, Cross FIR
JKL HC: Convicted Accused Who Can't Understand Proceedings Can Be Referred To HC u/s 341 J&K CrPC(19.04.2022)
Jammu and Kashmir and Ladakh High Court has held that the case of an accused who’s convicted, although not insane, but who can’t be made to comprehend.....
Tags : Jammu and Kashmir and Ladakh High Court, section 341 of Jammu and Kashmir Code of Criminal Procedure, 1973, High Court
JKL HC: Convicted Accused Who Can't Understand Proceedings Can Be Referred To HC u/s 341 J&K CrPC(19.04.2022)
Jammu and Kashmir and Ladakh High Court has held that the case of an accused who’s convicted, although not insane, but who can’t be made to comprehend.....
Tags : Jammu and Kashmir and Ladakh High Court, section 341 of Jammu and Kashmir Code of Criminal Procedure, 1973, High Court
JKL HC: Prosecutor is Independent Statutory Authority; Must Justify Extension of Investigation(10.04.2023)
Jammu and Kashmir and Ladakh High Court while observing that Public Prosecutor is an independent statutory authority, has held that he is expected to .....
Tags : Jammu and Kashmir and Ladakh High Court, Public Prosecutor, Independent Statutory Authority
JKL HC: Can’t Pressurize Party Seeking Remedy Against Unfavorable Order by Initiating Contempt(17.04.2023)
Jammu and Kashmir and Ladakh High Court while observing that right to avail appropriate remedy under law can’t be construed as obstruction in course o.....
Tags : Jammu and Kashmir and Ladakh High Court, Contempt, Unfavorable Order, Pressurize
JKL HC: Court Not Required to Consider Balance of Convivence, if Prima Facie Case Not Established(24.04.2023)
Jammu and Kashmir and Ladakh High Court has held that in a plea for grant of injunction, once the petitioners had no prima facie case in their favour,.....
Tags : Jammu and Kashmir and Ladakh High Court, Injunction, Prima Facie
J&K&L HC Upholds Munsiff's Dismissal for Misconduct(29.06.2022)
Jammu and Kashmir and Ladakh High Court has upheld dismissal from service of a Munsiff, for conferring undue benefits on certain parties by enabling r.....
Tags : Jammu and Kashmir and Ladakh High Court, Dismissal, Undue Benefit
J&K&L HC Grants Rs. 5 Lakh Compensation to Reserved Category Candidate Denied Seat in NEET MDS 2021(30.06.2022)
Jammu and Kashmir and Ladakh High Court has ordered the Board of Professional Entrance Examination to grant Rs. 5 lakh compensation to a medical aspir.....
Tags : Jammu and Kashmir and Ladakh High Court, Children of Defence Personal/ Military Forces category, NEET-MDS 2021
J&K&L HC: WL Can't be Used to Fill Posts Falling Vacant Due to Resignation of Selected Candidate(30.06.2022)
Jammu and Kashmir and Ladakh High Court has held that no candidate from the waiting list (WL) shall be appointed on any vacancy which is caused due to.....
Tags : Jammu and Kashmir and Ladakh High Court, Waiting List, Vacant Post
J&K&L HC: High Court has Absolute & Exclusive Disciplinary Control Over District Judiciary(01.07.2022)
Jammu and Kashmir and Ladakh High Court has held that control over District Judiciary vested in the High Court in Article 235 of the Constitution is c.....
Tags : Jammu and Kashmir and Ladakh High Court, District Judiciary, Control
J&K&L HC Imposes Rs. 10 Lakh Penalty on Govt. for Forcibly Taking Over Private Land(01.07.2022)
Jammu and Kashmir and Ladakh High Court has imposed a cost of Rs. 10 lakh on the Union Territory administration for forcibly taking over a private lan.....
Tags : Jammu and Kashmir and Ladakh High Court, Private Land, Due Procedure
JKL HC: Govt. Can't Act Arbitrarily as Owner With Right of Alienation Over Evacuee’s Property(14.06.2023)
Jammu and Kashmir and Ladakh High Court while observing that government is duty bound to safeguard, maintain, and effectively utilize evacuee properti.....
Tags : Jammu and Kashmir and Ladakh High Court, Evacuee Property, Alienation
J&K&L HC: Allotment Under Evacuees Property Act Doesn’t Confer Title or Interest(16.05.2023)
Jammu and Kashmir and Ladakh High Court while observing that allotment is mere license, which is revocable by concerned authorities, has held that all.....
Tags : Jammu and Kashmir and Ladakh High Court, Evacuees Property Act, Title, Interest
J&K&L HC: Reference of Market Value of Small Plots Relevant Only in Absence of Other Materials(16.05.2023)
Jammu and Kashmir and Ladakh High Court has held that in cases where there is no other material available to assess market value of acquired land at r.....
Tags : Jammu and Kashmir and Ladakh High Court, Market Value, Small Plots, Acquired Land
JKL HC: If Court Lacks Jurisdiction it Can’t Hear Appln. to amend Plaint to Acquire Jurisdiction(17.05.2023)
Jammu and Kashmir and Ladakh High Court has held that if averments contained in existing plaint does not disclose court to have territorial jurisdicti.....
Tags : Jammu and Kashmir and Ladakh High Court, Jurisdiction, Acquire Jurisdiction
J&K&L HC Stays Gurdwara Board Elections(22.05.2023)
Jammu and Kashmir and Ladakh High Court has stayed the operation of a notification pertaining to the conduct of elections to the Gurdwara Parbandhak B.....
Tags : Jammu and Kashmir and Ladakh High Court, Gurdwara Parbandhak Board
JKL HC: Rejection Of Plaint Under Order 7 Rule 11 CPC Can’t be Challenged(25.05.2023)
Jammu and Kashmir and Ladakh High Court has held that provision of Revision under Section 115 CPC cannot be used to challenge an order of Rejection of.....
Tags : Jammu and Kashmir and Ladakh High Court, Order 7 Rule 11, CPC, Revision
JKL HC: Authority Must Inform Detenue Time in Which he Can Make Representation Against Detention(26.05.2023)
Jammu and Kashmir and Ladakh High Court has held that the detaining authority should communicate to the detenue, in the grounds of detention the time .....
Tags : Jammu and Kashmir and Ladakh High Court, Detenue, Detaining Authority
J&K&L HC: Simultaneous Prosecution U/S 420 IPC & S.138 NI Act on Same Facts Not Double Jeopardy(18.07.2022)
Jammu and Kashmir and Ladakh High Court has held that two complaints under Section 420 of Indian Penal Code (IPC) and under Section 138 of Negotiable .....
Tags : Jammu and Kashmir and Ladakh High Court, Double Jeopardy
J&K&L HC: Temporary Employees Cannot be Terminated Without Conducting Proper Enquiry(19.07.2022)
Jammu and Kashmir and Ladakh High Court has held that a temporary employee also stands protected under the provisions of Article 311 of the Constituti.....
Tags : Jammu and Kashmir and Ladakh High Court, Temporary Employee, Enquiry
J&K&L HC: Dishonest Intention Under Section 420 IPC Has to be from Inception of Transaction(19.07.2022)
Jammu and Kashmir and Ladakh High Court has held that a distinction has to be kept in mind between mere breach of contract and the offence of cheating.....
Tags : Jammu and Kashmir and Ladakh High Court, Breach, Cheating
JKL HC: Those Responsible for National Security Must be Sole Judges of What National Security Require(01.08.2023)
JKL HC has observed that Courts have limited scope to review the subjective satisfaction required by detaining authority to order preventive detention.....
Tags : Jammu and Kashmir and Ladakh High Court, National Security, Preventive Detention
JKL HC: Competent Authority must Reach a Bona Fide Opinion to enforce Order of Compulsory Retirement(08.08.2023)
Jammu and Kashmir and Ladakh High Court has held that a government servant can’t be compulsorily retired unless competent authority comes to a conclus.....
Tags : Jammu and Kashmir and Ladakh High Court, Compulsory Retirement, Competent Authority
J&K&L HC: Expert Opinion Necessary to Set Criminal Law Into Motion Against Medical Professionals(05.09.2022)
Jammu and Kashmir and Ladakh High Court has held that court should obtain opinion of the medical expert and if from such opinion, a prima facie case o.....
Tags : Jammu and Kashmir and Ladakh High Court, Criminal Negligence, Medical Professional
JKL HC: Failure of Employer to Assign Work Would be Deemed Retrenchment(16.08.2023)
Jammu and Kashmir and Ladakh High Court has held that in case the employer fails to issue termination order against the employee, the subsequent failu.....
Tags : Jammu and Kashmir and Ladakh High Court, Retrenchment, Industrial Disputes Act
JKL HC: Insurance Agents Are Liable for Errors and Omissions(17.08.2023)
Jammu and Kashmir and Ladakh High Court has held that insurance agents represent insurance companies and they are liable for errors and omissions. The.....
Tags : Jammu and Kashmir and Ladakh High Court, Insurance Agents, Errors
JKL HC: Section 6 Declarations under J&K Land Acquisition Act Can’t be Made by Dy. Commissioner(22.08.2023)
Jammu and Kashmir and Ladakh High Court has held that under J&K Land Acquisition Act, 1990, Deputy Commissioner is not authorized to make Section 6 de.....
Tags : Jammu and Kashmir and Ladakh High Court, Land Acquisition, Public Purpose
JKL HC: Can’t Entertain WP on Ground of Mistake of Law/Facts Unless There is Miscarriage of Justice(23.08.2023)
Jammu and Kashmir and Ladakh High Court has held that petition under Article 227 of the Constitution cannot be moved merely on ground of mistake of fa.....
Tags : Jammu and Kashmir and Ladakh High Court, Miscarriage of Justice, Writ Petition
JKL HC: Section 96 CPC Mandates that Appellant Must Challenge Both Decree Judgment(24.08.2023)
Jammu and Kashmir and Ladakh High Court has observed that Section 96 of Civil Procedure Code (CPC) amply make out that the appellant is required to ch.....
Tags : Jammu and Kashmir and Ladakh High Court, CPC, Decree, Judgment
J&K&L HC: Elaborate Reasons Not Necessary While Issuing Entrustment Orders(08.08.2022)
Jammu and Kashmir and Ladakh High Court has held that merely because elaborate reasons have not been given in entrustment orders passed by Superintend.....
Tags : Jammu and Kashmir and Ladakh High Court, Prevention of Corruption Act, Entrustment Orders
J&K&L HC: No Vicarious Liability Under Criminal Law Unless Strictly Mandated by Statute(08.08.2022)
Jammu and Kashmir and Ladakh High Court has held that in criminal law, there is no concept of criminal vicarious liability and only if there is a stat.....
Tags : Jammu and Kashmir and Ladakh High Court, Vicarious Liability, Mandate
J&K&L HC: Non-Incorporation of Finer Elements of Pleadings Under MV Act Not Necessarily Fatal(18.08.2022)
Jammu and Kashmir and Ladakh High Court has held that finer elements of pleadings, which are required to be mentioned in proceedings like a civil suit.....
Tags : Jammu and Kashmir and Ladakh High Court, Finer Elements, Fatal, Motor Vehicles
JKL HC: Pedantic Approach Must be Avoided While Dealing with Appln. for Supplementing Pleading(05.09.2023)
Jammu and Kashmir and Ladakh High Court has held that pedantic approach need not be applied by court as far as supplementing original pleadings with t.....
Tags : Jammu and Kashmir and Ladakh High Court, Pedantic Approach, Supplementing Pleading
JKL HC: Militancy Fighters Not Eligible for Benefits Under Swantantrata Sainik Samman Pension Scheme(07.09.2023)
Jammu and Kashmir and Ladakh High Court has held that only those persons who have participated in the National Freedom Struggle are eligible for benef.....
Tags : Jammu and Kashmir and Ladakh High Court, Militancy Fighters, Swantantrata Sainik Samman Pension Scheme
J&K&L HC: Rs. 500 Annual Wage to School Employee is Forced Labour(21.09.2022)
Jammu and Kashmir and Ladakh High Court has held that payment of wages at the rate of Rs. 500 per year since 1998 to a government school employee is c.....
Tags : Jammu and Kashmir and Ladakh High Court, Wage, Forced Labour
J&K&L HC: State's Apprehension of Accused Getting Bail Can’t Lead to Preventive Detention(22.09.2022)
Jammu and Kashmir and Ladakh High Court while quashing a preventive detention order, has observed that offence of cheating and fraud, without having w.....
Tags : Jammu and Kashmir and Ladakh High Court, Preventive Detention, Public Order
J&K&L HC: Mere Reinstatement Without Clean Chit in Depart Inquiry Not Ground to Quash Cr. Proceeding(23.09.2022)
Jammu and Kashmir and Ladakh High Court has held that mere reinstatement into service without a clean chit in departmental inquiry is not a ground to .....
Tags : Jammu and Kashmir and Ladakh High Court, Reinstatement, Departmental Inquiry
J&K&L HC: Passenger Injured on Account of Mine Blast Entitled to Compensation Under MV Act(26.09.2022)
Jammu and Kashmir and Ladakh High Court has held that even if the cause of accident is remote or as a result of subversive activity involved, the vict.....
Tags : Jammu and Kashmir and Ladakh High Court, Motor Vehicles, Compensation
JKL HC: Director’s Resignation to Take Immediate Effect if No indication About Same in AoA(23.10.2023)
Jammu and Kashmir and Ladakh High Court has held that in the absence of any indication as regards the effect of resignation in the Articles of Associa.....
Tags : Jammu and Kashmir and Ladakh High Court, Articles of Association, Resignation
JKL HC: Detention Orders on Irrelevant Grounds are Violative of Constitutional Rights(27.10.2023)
Jammu and Kashmir and Ladakh High Court has held that inclusion of an irrelevant, non-existent, obscure, or vague ground is an invasion of the constit.....
Tags : Jammu and Kashmir and Ladakh High Court, Detention Orders, Constitutional Rights
J&K&L HC: Condition of Filing Complaint U/S 138 NI Act Not Fulfilled if Notice Sent on Wrong Address(12.07.2022)
Jammu and Kashmir and Ladakh High Court has held that an inference of having received the statutory notice of demand by a drawer of a cheque as mandat.....
Tags : Jammu and Kashmir and Ladakh High Court, Negotiable Instrument, Wrong Address
J&K&L HC: Public Servant Can’t be Prosecuted Under Other Penal Law, if Sanction under POCA is Denied(12.07.2022)
Jammu and Kashmir and Ladakh High Court has held that it is not open to the investigating agency to file a challan on the same set of facts against th.....
Tags : Jammu and Kashmir and Ladakh High Court, Prevention of Corruption, Challan
JKL HC: Interest Can’t be Given on Compensation for Future Prospects(18.07.2023)
Jammu and Kashmir and Ladakh High Court has held that 'future prospects' are linked to potential income to be received in the future, and interest can.....
Tags : Jammu and Kashmir and Ladakh High Court, Future Prospects, Compensation
JKL HC: JKSRRDA Exempted from TDS Deduction on interest on Term Deposit Accounts(20.07.2023)
Jammu and Kashmir and Ladakh High Court has held that J&K State Rural Roads Development Agency (JKSRRDA) is exempted from TDS deduction on interest in.....
Tags : Jammu and Kashmir and Ladakh High Court, Term Deposit, TDS Deduction
JKL HC: S.34 of SARFAESI Act Created Bar on Grant of Injunction for Actions Taken Under the Act(26.07.2023)
Jammu and Kashmir and Ladakh High Court has held that Section 34 of SARFAESI Act creates a bar and provides that no injunction shall be granted by any.....
Tags : Jammu and Kashmir and Ladakh High Court, SARFAESI, Injunction
JKL HC: Subjective Satisfaction of Detaining Authority Doesn’t Deprive Court to Review its Orders(25.08.2023)
Jammu and Kashmir and Ladakh High Court has held that although subjective satisfaction cannot be interfered normally by the court but at the same time.....
Tags : Jammu and Kashmir and Ladakh High Court, Detaining Authority, Subjective Satisfaction
J&K&L HC: No Recovery Can be Made from Pension if Promotion Not Based on Any Misrepresentation(01.08.2022)
Jammu and Kashmir and Ladakh High Court has held that in absence of any misrepresentation on the part of the petitioner with regard to factum of seeki.....
Tags : Jammu and Kashmir and Ladakh High Court, Promotion, Misrepresentation
J&K&L HC: Right to Property May No More be a FR, But Its Sanctity as Human Right is Still Intact(01.08.2022)
Jammu and Kashmir and Ladakh High Court has held that the Right to property might have fell from the pedestal of being a fundamental right (FR) but it.....
Tags : Jammu and Kashmir and Ladakh High Court, Right to Property, Human Right
J&K&L HC: Relatives Can’t be Roped into Dispute Without Instances of Their Involvement in Crime(02.08.2022)
Jammu and Kashmir and Ladakh High Court has held that in crimes pertaining to matrimonial disputes and dowry deaths the relatives of the husband shoul.....
Tags : Jammu and Kashmir and Ladakh High Court, Matrimonial Dispute, Dowry Death, Relatives
J&K&L HC: Dealer/ Distributor Not Liable if he Acquires Drug from a Licensed Manufacturer(05.08.2022)
Jammu and Kashmir and Ladakh High Court has held that a person, other than a manufacturer of a drug, cannot be held liable for contravention of Sectio.....
Tags : Jammu and Kashmir and Ladakh High Court, Drug and Cosmetic, Licensed Manufacturer
JKL HC: Offences Under PoC Act can be Invoked Against Person Discharging Public Duty(27.09.2023)
Jammu and Kashmir and Ladakh High Court has held that offences under Prevention of Corruption (PoC) Act can be invoked not only against a public serva.....
Tags : Jammu and Kashmir and Ladakh High Court, Prevention of Corruption, Public Duty
J&K&L HC: Reservation Cannot be Eaten Away by Meritorious Reserved Category Candidate(15.09.2022)
Jammu and Kashmir and Ladakh High Court has held that benefit of reservation must reach to deserving candidate in reserved category and State is under.....
Tags : Jammu and Kashmir and Ladakh High Court, Reservation, Benefit
JKL HC to State: Provide Recommendations Regarding Mandate of Sex Education in Schools(09.10.2023)
Jammu and Kashmir and Ladakh High Court has sought recommendations from the State Government on specialized curriculum focusing on child protection, m.....
Tags : Jammu and Kashmir and Ladakh High Court, Sex Education, Curriculum
JKL HC: Can’t Argue for Quashing of Detention Order When it is Challenged Before its Execution(10.10.2023)
Jammu and Kashmir and Ladakh High Court has held that if petitioner challenges detention order even before it was executed, it is not open for them to.....
Tags : Jammu and Kashmir and Ladakh High Court, Detention Order, Execution
J&K&L HC: Right to Choose Forum Does Not Permit Choice of Two Forums for Same Reliefs(01.11.2022)
Jammu and Kashmir and Ladakh High Court while imposing penalty of Rs. 50000 on petitioner for forum hunting, has held that person may have right to ch.....
Tags : Jammu and Kashmir and Ladakh High Court, Forum, Forum Hunting
J&K&L HC: Issue of Demand Notice Delivery Due to Variation in Postal Receipt to be Decided at Trial(03.11.2022)
Jammu and Kashmir and Ladakh High Court has held that if correct address of accused is mentioned in complaint and in demand notice under Section 138 o.....
Tags : Jammu and Kashmir and Ladakh High Court, Demand Notice, Address
JKL HC: Seema Suraksha Bal’s Order Can be Challenged Across All High Courts(27.11.2023)
Jammu and Kashmir and Ladakh High Court has held that Seema Suraksha Bal (SSB), is a force of the Union of India with a pan-India presence and therefo.....
Tags : Jammu and Kashmir and Ladakh High Court, Seema Suraksha Bal, Appeal
J&K&L HC: Certificate of Payment of Interest Not Required if Employer Appeal Against Composite Award(11.11.2022)
Jammu and Kashmir and Ladakh High Court has held that certificate of payment is not required if an employer prefers to question the award of interest .....
Tags : Jammu and Kashmir and Ladakh High Court, Certificate, Employer
J&K&L HC Stays FFRC Order Restraining Pvt. Schools from Charging Fee from Nov 2022 till March 2023(17.11.2022)
Jammu and Kashmir and Ladakh High Court has stayed an order of Committee for Fixation and Regulation of Fee of Private Schools, J&K, Srinagar (FFRC) w.....
Tags : Jammu and Kashmir and Ladakh High Court, Fees, Private Schools
J&K&L HC: School Records Have Priority Over Village Records While Determining Claims for Juvenility(21.11.2022)
Jammu and Kashmir and Ladakh High Court has held that in order to ascertain the claims of juvenility, courts should give priority to the certificate i.....
Tags : Jammu and Kashmir and Ladakh High Court, School Records, Juvenility
JKL HC: Decrees Can’t be Invalidated Because of Untimely Objections to Jurisdiction(06.12.2023)
Jammu and Kashmir and Ladakh High Court has held that challenge or objection to territorial or pecuniary jurisdiction of the Court, if not raised at t.....
Tags : Jammu and Kashmir and Ladakh High Court, Jurisdiction, Objections
JKL HC: Court Can’t be Guided by Personal Law While Deciding Apportionment of Compensation(07.12.2023)
Jammu and Kashmir and Ladakh High Court has held that the Court cannot be guided by personal law while deciding upon the apportionment of the compensa.....
Tags : Jammu and Kashmir and Ladakh High Court, Apportionment, Compensation
J&k&L HC: Situation in Kashmir Doesn’t Permit Disclosure of Confidential Info. in Detention Order(10.10.2022)
Jammu and Kashmir and Ladakh High Court has held that the disclosure of confidential and sensitive information in the grounds of detention of a person.....
Tags : Jammu and Kashmir and Ladakh High Court, Detention Order, Confidential Information
JKL HC: Order u/s 12 DV Act can’t be Challenged u/s 482 CrPC Unless Remedy of Appeal is Availed(09.11.2023)
Jammu and Kashmir and Ladakh High Court has held that unless the remedy of statutory appeal is availed, orders passed under Section 12 of Protection o.....
Tags : Jammu and Kashmir and Ladakh High Court, DV Act, CrPC
JKL HC: Candidates Taking Seat in 3rd Round AIQ Counselling Can't Participate in Further Rounds(20.11.2023)
Jammu and Kashmir and Ladakh High Court has held that a candidate who has taken seat in the third round of NEET-PG Counselling under All India Quota (.....
Tags : Jammu and Kashmir and Ladakh High Court, NEET-PG, AIQ Counselling
JKL HC: Detaining Govt. Critics Amounts to Abuse of Preventive Detention Law(20.11.2023)
Jammu and Kashmir and Ladakh High Court has held that tendency on the part of the detaining authority to detain the critics of the policies or commiss.....
Tags : Jammu and Kashmir and Ladakh High Court, Preventive Detention, Abuse
J&K&L HC: No Compulsory Retirement on Committee advice, Sans Departmental Enquiry & Ample Material(20.10.2022)
Jammu and Kashmir and Ladakh High Court has ruled that the power to compulsorily retire a government servant in terms of service rules is absolute, pr.....
Tags : Jammu and Kashmir and Ladakh High Court ,compulsory retirement, servant
J&K&L HC to Medical Board: Take Fresh Decision on Minor Rape Victim's Pregnancy of 23 Weeks(27.10.2022)
Jammu and Kashmir and Ladakh High Court has directed a medical board in Srinagar to undertake a fresh medical check of a minor rape victim to take a f.....
Tags : Jammu and Kashmir and Ladakh High Court, Abortion, Rape Victim
J&K&L HC Grants Relief to Person Aggrieved by Unauthorized Occupation of Property by Govt Since 1958(31.10.2022)
Jammu and Kashmir and Ladakh High Court has held that unauthorized occupation by state of an immovable property of its citizens gives recurring cause .....
Tags : Jammu and Kashmir and Ladakh High Court, Unauthorized Occupation, Government
JKL HC: No Punishment Can be Imposed on Minor Under POCSO for Providing False Information(28.12.2023)
Jammu and Kashmir and Ladakh High Court has held that a perusal of Section 22(2) of the POCSO Act would reveal that if a false complaint has been made.....
Tags : Jammu and Kashmir and Ladakh High Court, POCSO, False Information
J&K&L HC: No Blanket Bar on Judicial Review of Election Authority’s Decisions(09.12.2022)
Jammu and Kashmir and Ladakh High Court has held that anything done towards completion of election process can’t be challenged before High Court and o.....
Tags : Jammu and Kashmir and Ladakh High Court, Election Process, Judicial Review
J&K&L HC: Enlarging Waitlist Does Not Confer Any Right on Candidates Unless Govt Approves(12.12.2022)
Jammu and Kashmir and Ladakh High Court has held that mere recommendation by Selection Committee for enlarging waitlist, without there being a decisio.....
Tags : Jammu and Kashmir and Ladakh High Court, Selection Committee, Waitlist
JKL HC: Ex-Facie Illegality Required to Challenge Preventive Detention Order at Pre-Execution Stage(16.12.2022)
Jammu and Kashmir and Ladakh High Court has held that a preventive detention order can be challenged at the pre-execution stage, provided the petition.....
Tags : Jammu and Kashmir and Ladakh High Court, Preventive Detention, Pre-Execution Stage
J&K&L HC: Employer is Justified in Excluding Candidates With Higher Qualification for Recruitment(22.11.2021)
Jammu and Kashmir and Ladakh High Court has observed that any higher qualification than the one prescribed for a particular post may not be a suitable.....
Tags : Jammu and Kashmir and Ladakh High Court, Candidates With Higher Qualification for Recruitment
J&K&L HC: Married Man With Capacity to Earn Obligated to Maintain Wife & Children(21.11.2022)
Jammu and Kashmir and Ladakh High Court has held that it is for the person to decide to marry or not to marry, but once a person decides to marry, he .....
Tags : Jammu and Kashmir and Ladakh High Court, Capacity, Maintain
J&K&L HC: Medical Geneticist Not Required to Undertake Competency Test Under PNDT Training Rules(28.11.2022)
Jammu and Kashmir and Ladakh High Court has held that medical geneticists shall not be under an obligation to undergo competency-based assessment test.....
Tags : Jammu and Kashmir and Ladakh High Court, Medical Geneticist
J&K HC: Police Cannot Quick Fix Facts into Its Viewpoint of Accusation(02.12.2022)
Jammu and Kashmir and Ladakh High Court while observing that investigations must be conducted within the domain of ‘Facts in Issue’ and ‘Relevant Fact.....
Tags : Jammu and Kashmir and Ladakh High Court, Quick Fixes, Investigation
J&K&L HC: Retrospective Operation of Government’s Executive Order Cannot Be Permitted(02.12.2022)
Jammu and Kashmir and Ladakh High Court has held that retrospective operation of a Government Order cannot be permitted particularly where it is merel.....
Tags : Jammu and Kashmir and Ladakh High Court, Retrospective, Executive Order
J&K&L HC: Extreme Injustice to Parties if Despite Settlement, Criminal Proceedings Allowed to Continu(21.03.2022)
Jammu and Kashmir and Ladakh High Court has observed that it would amount to extreme injustice if despite settlement having been arrived at by the par.....
Tags : Jammu and Kashmir and Ladakh High Court, Criminal Proceedings, Settlement
JKL HC: Can’t Proceed With Prosecution Against Partners Without Arraigning Firm as Accused(20.02.2023)
Jammu and Kashmir and Ladakh High Court has held that existence of Section 66 in the Food Safety and Standard Act 2006 is a clear indicator of the fac.....
Tags : Jammu and Kashmir and Ladakh High Court, Food Safety and Standard Act, Prosecution
JKL HC: Lesions from Tattoo Removal Doesn’t Make Candidate Unfit for CAPF(23.02.2023)
Jammu and Kashmir and Ladakh High Court has held that lesions on the hand and forearm, which does not have any potentiality to interfere with the work.....
Tags : Jammu and Kashmir and Ladakh High Court, CAPF, Lesions
JKL HC: Can’t Dismiss Suit if Issue of Jurisdiction is Mixed Question of Fact and Law(23.02.2023)
Jammu and Kashmir and Ladakh High Court has held that obligation to dismiss a suit at threshold or return a plaint for want of jurisdiction arises onl.....
Tags : Jammu and Kashmir and Ladakh High Court, Jurisdiction, Issue of Fact
JKL HC: Proceeding U/S 12 DV Act Not Bar to Criminal Action Under Section 498A IPC(24.02.2023)
Jammu and Kashmir and Ladakh High Court has held that merely because proceedings have been initiated by a wife against her husband under Protection of.....
Tags : Jammu and Kashmir and Ladakh High Court, Domestic Violence, Cruelty, FIR
JKL HC: Proposal for Live-In to See How Relationship Works Out Not False Promise to Marry(07.03.2023)
Jammu and Kashmir and Ladakh High Court has observed that proposal of have live-in relationship to ascertain as to how relationship will work out, sho.....
Tags : Jammu and Kashmir and Ladakh High Court, Live-In Relationship, False Promise, Marriage
JKL HC: Counter-Signing Authority's Denial Won't Lead to Termination Without Enquiry(13.03.2023)
Jammu and Kashmir and Ladakh High Court has held that when issuing authority verifies the experience certificate, mere denial of counter signature on .....
Tags : Jammu and Kashmir and Ladakh High Court, Termination, Counter Signing, Enquiry
JKL HC: Can’t Attach Vicarious Liability of Officials Unless Statute Specifically Provides So(13.03.2023)
Jammu and Kashmir and Ladakh High Court has observed that when the company is an offender, it is trite position of criminal jurisprudence that no vica.....
Tags : Jammu and Kashmir and Ladakh High Court, Vicarious Liability, Company
JKL HC: No Absolute Bar to Invoke Writ Jurisdiction in Contractual Matters With State(16.03.2023)
Jammu and Kashmir and Ladakh High Court has observed that there has been paradigm shift in approach of the Courts in exercise of its Writ Jurisdiction.....
Tags : Jammu and Kashmir and Ladakh High Court, Writ Jurisdiction, Contractual matter
JKL HC: No Fresh Construction Activities in Sonamarg(30.03.2023)
Jammu and Kashmir and Ladakh High Court while noting that its earlier clarification order with respect to renovation and repairs was being misconstrue.....
Tags : Jammu and Kashmir and Ladakh High Court, Sonamarg, Blanket Ban, Construction
JKL HC: Jugglery, Manipulation has No Place in Equitable and Prerogative Jurisdiction(05.04.2023)
Jammu and Kashmir and Ladakh High Court while upholding single judge order imposing 1 Lakh penalty on petitioner for suppressing facts and misleading .....
Tags : Jammu and Kashmir and Ladakh High Court, Manipulation, Suppressing Facts
JKL HC: Court Can’t Extend Period for Filing Written Statement Beyond 120 Days(27.04.2023)
Jammu and Kashmir and Ladakh High Court has held that period of 120 days to file written statement under CPC is mandatory in nature so far as its appl.....
Tags : Jammu and Kashmir and Ladakh High Court, Written Statement, Mandatory Period
JKL HC: Only Court has Power to Transfer Undertrial Prisoner from One Jail to Another(01.05.2023)
Jammu and Kashmir and Ladakh High Court has held that power to remand or transfer of an undertrial prisoner from one jail to another is to be exercise.....
Tags : Jammu and Kashmir and Ladakh High Court, Undertrial Prisoner, Transfer, Jail
J&K&L HC: No Previous Sanction Required to Prosecute Bank Officials Regarding IPC/RPC Offences(17.05.2022)
Jammu and Kashmir and Ladakh High Court has observed that there is no need to obtain the previous sanction to prosecute bank officials in connection w.....
Tags : Jammu and Kashmir and Ladakh High Court, bank, Indian Penal Code, 1860, Ranbir Penal Code, 1932
JKL HC: Purpose of Order 6 Rule 17 of CPC is to Advance Substantial Justice(05.06.2023)
Jammu and Kashmir and Ladakh High Court while observing that Order 6 Rule 17 of CPC exists to ensure that parties involved in legal dispute receive fa.....
Tags : Jammu and Kashmir and Ladakh High Court, CPC, Justice, Pleadings, Amendment
JKL HC: Can’t Fastened Liability Based on Chief Exam. Without Affording Opportunity to Cross Examine(09.06.2023)
Jammu and Kashmir and Ladakh High Court has held that it shall be highly unsafe to consider the chief examination of a witness, who is not subjected t.....
Tags : Jammu and Kashmir and Ladakh High Court, Chief Examination, Cross Examination, Witness
JKL HC: All Water Sources are Property of Government(26.05.2023)
Jammu and Kashmir and Ladakh High Court while dismissing a plea seeking directions upon the administration to not to change, divert or take any water .....
Tags : Jammu and Kashmir and Ladakh High Court, Water Body, State, Property
J&K&LHC: Change of Opinion of Court in Subsequent Matter Not Give Leverage to Reopen Final Decision(14.06.2022)
Jammu and Kashmir and Ladakh High Court has held that a change of opinion of the court in the subsequent matter would not give any leverage to appella.....
Tags : Jammu and Kashmir and Ladakh High Court, Subsequent Matter, Reopen
JKL HC: Prosecution Must Prove Safe Custody of Contraband Upon Seizure to Avoid Acquittal(27.06.2023)
Jammu and Kashmir and Ladakh High Court while observing that Section 55 of NDPS is enacted to ensure police keep alleged contraband in safe custody to.....
Tags : Jammu and Kashmir and Ladakh High Court, NDPS, Safe Custody
JKL HC: Benefit Under Budgetary Support Scheme is Not a 'Right' But Only a Concession(28.06.2023)
Jammu and Kashmir and Ladakh High Court while observing that benefit provided under the Budgetary Support Scheme is not a 'right' but only a concessio.....
Tags : Jammu and Kashmir and Ladakh High Court, Budgetary Support Scheme, Concession
J&K&L HC: Cannot Grant Pre-Arrest Bail in Case Registered Outside Court's Territorial Limits(10.06.2022)
Jammu and Kashmir and Ladakh High Court has held that it has no jurisdiction to grant anticipatory bail in a case which has been registered with a pol.....
Tags : Jammu and Kashmir and Ladakh High Court, Anticipatory Bail