Recovery Of Excess Pension Due To Administrative Error Cannot Be Enforced Against Elderly Pensioners Or Widows: J&KHigh Court

Giving relief to an elderly woman pensioner in whose account an excess amount of pension was credited, the Jammu and Kashmir High Court held that if, due to an administrative error, an excess amount is credited to the accounts of elderly pensioners or widows which is withdrawn, the same cannot be recovered.The court noted that the appellant is an elderly lady, 77 years of age, and a...

Defendant Cannot Rely On Vague Statements While Pursuing Leave To Defend In Summary Suit: J&K High Court

The Jammu and Kashmir High Court has held that a defendant cannot rely on unsubstantiated and vague statements while offering his leave to defend in a summary suit procedure.Justice Sanjay Dhar while dealing with a cheque bounce case noted that the appellant had admitted signing the cheque but failed to provide any substantial evidence proving that the cheque was not meant for the respondent....

Three Additional Judges Sworn-In As Permanent Judges Of J&K And Ladakh High Court

The Chief Justice of High Court of Jammu & Kashmir and Ladakh, Justice Tashi Rabstan on Monday administered the oath of office to three Additional Judges Justice Wasim Sadiq Nargal, Justice Rajesh Sekhri & Justice Mohammad Yousuf Wani as Permanent Judges of the High Court of Jammu & Kashmir and Ladakh, in the Chief Justice's Court Room.The proceedings of the oath taking ceremony...

Grounds Of Detention Are Vague, Ambiguous: J&K High Court Quashes Preventive Detention Of Former Bar President Nazir Ahmad Ronga

The Jammu and Kashmir and Ladakh High Court has quashed the preventive detention of former Jammu and Kashmir High Court Bar Association President Nazir Ahmad Ronga.Justice Sanjay Dhar held that the allegations against Ronga were vague, lacked material particulars, and did not provide a basis for his detention under the J&K Public Safety Act, 1978.The court added, “.. it is clear that...

Jammu & Kashmir And Ladakh High Court Weekly Roundup: March 10 - March 17, 2025

Nominal Index:Mohammad Jamal Sheikh Vs UT Of J&K 2025 LiveLaw (JKL) 78Executive Engineer And Ors. Vs Ghulam Mohideen Tantray 2025 Livelaw(JKL) 79Punjab National Bank vs V K Gandotra 2025 LiveLaw (JKL) 80Punjab National Bank vs V K Gandotra 2025 LiveLaw (JKL) 81Damni Rajrah & Ors Vs UT Of J&K 2025 LiveLaw (JKL) 82Mohammad Abass Magray vs Union Territory of J&K 2025 Livelaw...

Filing Written Statement Does Not Waive Right To Arbitration If Preliminary Objection Is Raised At Outset: Jammu & Kashmir High Court

The Jammu and Kashmir High Court bench of Justice Rajnesh Oswal held that mere filing of the written statement in a suit does not constitute a waiver of right to arbitration if the party has raised a preliminary objection in respect of the arbitration clause at the outset. Brief Facts: The matter pertained to a judgment issued by the Principal District Judge, Jammu. The trial...

EWS Reservation Can't Be Claimed By Those Already Holding Reserved Category: J&K HC Cancels MBBS Admission Secured Under Misrepresented EWS Status

The High Court of Jammu & Kashmir and Ladakh has ruled that an individual seeking to claim reservation under the Economically Weaker Sections (EWS) category must not fall under any of the reserved categories, including Scheduled Tribes (STs), Scheduled Castes (SCs), Reserved Backward Areas (RBA), or any other similar categories.Citing Section 2(o) of the J&K Reservation Act along with...

J&K Police Rules | SPOs Entitled To Same Protections as Regular Police Officers, Cannot Be Disengaged Without Due Process: High Court

The Jammu and Kashmir and Ladakh High Court has reiterated that Special Police Officers (SPOs) enjoy the same protections as regular police officers and cannot be disengaged from service without being provided a reasonable opportunity to show cause and meet the charges levelled against them.A bench of Justice Rajesh Sekhri, emphasized the importance of adhering to the principles of...

O.26 R.9 CPC Allows Appointment Of Commissioner To Clarify Disputed Matters Only When Evidence is Inconclusive: J&K High Court

The Jammu and Kashmir and Ladakh High Court has reaffirmed that a Commissioner for local investigation under Order 26 Rule 9 of the Civil Procedure Code (CPC) can only be appointed when the evidence before the trial court is inconclusive and requires clarification.Justice Rajnesh Oswal set aside an order of the Municipal Magistrate, Jammu, which had appointed a Tehsildar as Commissioner...

J&K High Court Cautions Tourism Minister Of Contempt Action If Delay Is Caused In Complying With Orders For Paying Dues Of Deceased Contractor

The Jammu and Kashmir High Court has warned the state tourism minister of being held in contempt of court if he causes any delay in the compliance of the court orders, whereby the court had imposed exemplary costs of Rs. 9 lakhs on the contemnors apart from just dues payable to the deceased petitioner for the work carried out in 2015.The counsel for the contemnors informed the court that...

Central Govt Notifies Transfer Of Justice Atul Sreedharan From J&K High Court To Madhya Pradesh High Court

The Central Government has officially notified the transfer of Justice Atul Sreedharan from the High Court of Jammu & Kashmir and Ladakh back to his parent Madhya Pradesh High Court. The notification, issued on March 13, 2025, states that the transfer has been made under Article 222(1) of the Constitution of India, following consultation with the Chief Justice of India.With this...

Magistrate Can Take Cognizance Under Drugs & Cosmetics Act But Trial Must Be Conducted By Sessions Court: J&K High Court

Setting aside the proceedings against two pharmaceutical companies accused of manufacturing and marketing substandard drugs the Jammu and Kashmir and Ladakh High Court has clarified that while the trial of offences under Chapter IV of the Drugs and Cosmetics Act must be conducted by a Court of Sessions, there is no bar on a Magistrate taking cognizance of such offences.However, Justice...