High Court of J & K and Ladakh
Wife Attending Midnight Calls Despite Husband's Repeated Objections, Doesn't Amount to Abetment of Suicide: J&K High Court
The Jammu and Kashmir and Ladakh High Court has ruled that a wife attending calls from unknown numbers during the dead of night wouldn't constitute abetment of suicide under Section 107 of the Indian Penal Code (IPC).Justice Sanjeev Kumar made this observation while dismissing a criminal revision petition filed by Kunti Devi, the mother of the deceased, Surinder Kumar, against the discharge of her daughter-in-law Neelam Devi from the case.Background of the Case:Neelam Devi and Surinder Kumar...
Benefits Under Central Assistance Scheme Can't Be Denied To Victims Of Terrorism Solely Because Incident Occurred Before Its Official Launch: J&K High Court
The Jammu and Kashmir and Ladakh High Court has ruled that victims of terrorist violence, communal clashes, left-wing extremism, cross-border firing, and mine/IED blasts cannot be denied benefits under the Central Scheme for Assistance to Civilian Victims (CSACV) solely because the incident occurred before the scheme's official launch.In allowing a plea for compensation under the scheme Justice Sindhu Sharma observed,“The only issue is there guidelines provide for incidence that are operative...
Unregistered Agreement To Sell Doesn't Grant Ownership Rights, No Suit For Declaration Can Be Filed Based On Such Agreements: J&K High Court
Reinforcing the legal principle that an unregistered agreement to sell cannot confer any right, title, or interest in immovable property the Jammu and Kashmir and Ladakh High Court emphasised that such agreements do not grant ownership rights.Clarifying that the appropriate recourse for the beneficiary-vendee in cases of agreement violations is to seek specific performance of the contract a bench of Justice Rajnesh Oswal observed,“On the basis of an agreement to sell, the remedy available to the...
Jammu & Kashmir And Ladakh High Court Monthly Digest: April 2024 [Citations 70 - 97]
Nominal Index:UT Of J&K Vs Shabir Ahmad Dar 2024 LiveLaw (JKL) 70National Insurance Co. Vs Rakesh Kumar Sharma 2024 LiveLaw (JKL) 71LYCEUM PUBLIC SCHOOL Vs UT OF J&K 2024 LiveLaw (JKL) 72Principal Commissioner of Income Tax Versus Dr. Karan Singh 2024 LiveLaw (JKL) 73Abdul Qayoom Ganaie Vs UT of J&K 2024 LiveLaw (JKL) 74Ghar Singh vs University of Jammu & Ors 2024 LiveLaw...
Economic & Public Interest Valid Grounds For Initiating LOCs Provided They Are Founded On Substantial Material: J&K High Court
Clarifying the scope under which Look Out Circulars (LOCs) can be issued, the Jammu and Kashmir and Ladakh High Court has ruled that LOCs can be used against individuals if their departure from the country would be detrimental to the economic or public interests, provided the decision is based on substantial material.“It is to be borne in mind that issuance of LOCs under the aforesaid...
Insurance Company Not Liable To Indemnify If Vehicle Owner Fails To Discharge Initial Onus Regarding Validity Of Driver's License: J&K High Court
The Jammu and Kashmir and Ladakh High Court has ruled that an insurance company cannot be held liable to compensate an insured unless the vehicle owner discharges the initial burden of proving the driver's license validity.In dismissing a review petition and upholding its order of exonerating the insurance company from its liability to indemnify Justice Javed Iqbal Wani observed,“In view of...
J&K Shariat Act, 2007 Paramount In Nature, Overrides All Customary Laws Within Domain Of Personal Law Matters: High Court
Underscoring the paramount nature of the J&K Shariat Act 2007, the Jammu and Kashmir and Ladakh High Court has ruled that the J&K Muslim Personal Law (Shariat) Application Act, 2007 overrides all customary laws in personal law matters.Upholding the order of a lower forum in terms of which it has set aside a mutation done in contravention to the Act Justice Javed Iqbal...
J&K HC Dismisses Plea By Greater Kashmir Newspaper To Quash Defamation Proceedings For Publications Against DAV's Management Committee
The Jammu and Kashmir and Ladakh High Court has dismissed a petition filed by Greater Kashmir, a J&K based newspaper, seeking to quash defamation proceedings initiated against the publication for allegedly defamatory news articles concerning the DAV Management Committee.A bench of Justice Rahul Bharti thus vacated its interim freeze order on the proceedings that had been in force...
[Preventive Detention] Courts Should Respect Subjective Satisfaction Of Detaining Authority To Release Accused On Bail If Backed By Cogent Material: J&K High Court
Clarifying the scope of judicial review in preventive detention cases the Jammu and Kashmir and Ladakh High Court has acknowledged that courts generally should respect the "subjective satisfaction" of the detaining authority and its apprehension that the person might get bail, however, this immunity is not absolute.The court stressed that this immunity applies only when the said...
Jammu & Kashmir And Ladakh High Court Weekly RoundUp: April 22 - April 28, 2024
Nominal Index:Veena Gurtoo vs Rajesh Kumar Gupta 2024 LiveLaw (JKL) 89Nazir Ahmad Pandit and Ors Vs Union Of India 2024 LiveLaw (JKL) 90Vinod Kumar Vs Jammu Municipal Corporation and another 2024 LiveLaw (JKL) 91Sumanta Dutta Vs Union of India 2024 LiveLaw (JKL) 92Shafket Ali and ors Vs UT of J&K 2024 LiveLaw (JKL) 93Ali Mohammad Mir and Ors Vs State Of J&K 2024 LiveLaw (JKL)...
[PITNDPS Act] Multiple Cases Registered For Repeatedly Trafficking Small Quantities Of Illegal Contraband Justifies Detention: J&K High Court
Shedding light on the interpretation of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (PITNDPS Act), the Jammu and Kashmir and Ladakh High Court has ruled that registering multiple cases for possessing and trafficking small quantities of drugs can be sufficient grounds for preventive detention.In dismissing a habeas corpus plea of an alleged...
J&K High Court Quashes Detention Order Against Alleged Jamat-E-Islami Member, Orders ₹5 Lakh Compensation For Violating Right To Personal Liberty
The Jammu and Kashmir High Court has recently quashed a preventive detention order, the fourth in a row, slapped on Advocate Ali Mohammad Lone, allegedly a member of the banned Jamaat-e-Islami.In a scathing judgment penned by Justice Rahul Bharti, the court found "nothing in the name of reasonableness and rationality" in the detention order and imposed a compensation of ₹5 lakh on...