High Courts
High Courts
Allowing a Habeas Corpus Petition to Suffer Self-Abortion Due To Its Pendency Should Not Be The Approach of a Constitutional Court in its Adjudication: J&K&L HC
The Bench of Justice Rahul Bharti of the High Court of J&K and Ladakh while disposing off a Habeous Corpus Petition filed under Article 226 of the...
High Courts
Magistrate Is Well Within Its Jurisdiction To Pass A Residence Order At The Interim Stage Under Section 23 of The DV Act: J&K&L HC
The Bench of Justice Sanjay Dhar in a petition wherein the Petitioner-Wife had challenged the order passed by the Court of Principal Sessions Judge, Kupwara...
High Courts
High Court Takes Cognizance of the Item Published By “The Hindu” Newspaper and Social Media, Directs Listing of Matter Before the Hon’ble Chief Justice (Acting)...
Division Bench consisting of Justice Atul Sreedharan and Justice Mohammed Yousuf Wani took cognizance of the item published by “The Hindu” newspaper carrying headline “NIA,...
High Courts
An Insurance Contract is Subservient to The Statutory Provisions of Insurance Act & Must be Interpreted and Constructed Having Regard to Larger Public Policy...
The Bench of Justice Rajesh Sekhri while deciding the much contested case between the J&K State Health Agency (hereinafter referred to ‘SHA’) and the IFFCO TOKIO General...
High Courts
In Absence of There Being Any Case Registered For Commission of Scheduled Offence, Authorities Under PMLA Have No Jurisdiction to Register ECIR And Launch...
The Bench of Justice Sanjeev Kumar of the High Court of J&K and Ladakh while deciding a petition under Section 482 of the Code of Criminal Procedure (hereinafter referred...
High Courts
For Constituting the Offence of Cheating Under the Indian Penal Code, the Complainant has to Show that the Fraudulent or Dishonest Intention Existed at the...
The Bench of Justice Sanjay Dhar of the High Court of J&K and Ladakh while deciding two clubbed petitions under Section 482 of the...
High Courts
Transfer Of Immovable Property In Muslims By Way Of An Oral Gift Is Permissible And Mutation Attested Thereon Is Valid: Division Bench J&K&L HC
The Division bench of High Court of Jammu and Kashmir and Ladakh comprising of Justice Atul Sreedharan and Justice Javed Iqbal Wani while dealing...
High Courts
The Power of Review Can be Exercised For Correction of A Mistake But Not to Substitute A View Already Taken to Conclude The Case:...
The Delhi High Court recently articulated that for exercising review jurisdiction the error in question must be one of inadvertence, as the power of...
High Courts
Court Can Take Cognizance Of The Events/ Happenings After The Institution Of The Suit And Consider Their Impact On The Pending Litigation: J&K&L HC
A Single bench of Justice Sanjeev Kumar while dealing with a Civil Second Appeal observed that the Appellate Court can take into account subsequent events and consider their...
High Courts
While Making Assessment of Statement Made By A Child Witness, Court Has To Take Into Account The Fact That A Child Witness is Vulnerable...
A Single bench of Justice Sanjay Dhar has while analysing the law with regard to assessment of statement made be a child witness observed...
High Courts
Filing of Proposed Replica is Not A Condition Precedent to Seek Leave of The Court For Filing of Replication Under Order VIII Rule 9...
A single bench of Justice Rajesh Sekhri has held that Filing of Proposed Replica is not a condition precedent to an application in terms of...
High Courts
J&K&L HC Sets Out The Distinction in Enforcement of Award Under the Pre and Post Amended Section 36 of the Arbitration and Conciliation Act, 1996
The Bench of Justice Rahul Bharti of the J&K and Ladakh High Court in an appeal under Section 34 of the Arbitration and Conciliation...