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Principle of Efficacious Remedy Does Not Preclude Petitioner From Seeking Protection of His Constitutional Rights: Jammu & Kashmir High Court
The petitioner challenged the procedure initiated against him by the respondent authority concerning the provisions laid down by the Black Money (Undisclosed Foreign Income and Assets) and Imposition Act, 2015. Facts The petitioner’s son Mujeeb Mir was a trustee of the...
Section 142 of NI Act Rules Out the Filing of a Joint Complaint: Jammu & Kashmir High Court
Excerpt In a judgment on April 15, 2021, the High Court of Jammu and Kashmir was dealing with the matter of joint complaints observed that Section 142 of the Negotiable Instruments Act talks about the “complaint” and not “complaints”...
Can’t Keep Accused in Custody Just Because the Offence Alleged Is of Serious Nature: Jammu & Kashmir HC
The Jammu & Kashmir High Court in a recent case said that an accused cannot be detained purely in the custody on the basis that the crime claimed to have been committed by him is of a serious nature.
Jammu & Kashmir High Court Issues Strict Directions to Strongly Desist From Undertaking the “Two-Finger Test”
On 24th December 2020, a Division Bench consisting of Hon'ble Mr. Justice Sanjay Dhar and Hon'ble Mr. Justice Rajesh Bindal heard the case of Mr. Aseem Sawhney v. Mohd. Imran Khan via video conferencing. The appeal was filed by the...
Jammu & Kashmir Hc: “Employees Cannot Deviate From Service Rules Once They Are Accepted Into the Service”
On 22nd December 2020, a Single Judge Bench consisting of Hon'ble Mr. Justice Ali Mohammad Magrey heard the case of J&K Tourism Development v. State of Jammu & Kashmir and Others via video conferencing. A writ petition in the nature...
Will Implementation of the Forest Rights Act 2006 by Jammu & Kashmir Safeguard the Forest Dweller’s Rights?
The Implementation of the Forest Rights Act 2006 by Jammu & Kashmir, to safeguard the Forest Dweller's Rights is the need of the hour, although the stance is debatable in its efficacy, It will surely help the tribals & forest dwellers to protect & preserve their rituals, traditions & culture.
Jammu & Kashmir High Court Dismisses Plea Seeking To Issue Directions for Release of Cost of Living Allowances and Other Benefits
Petitions were filed before the Jammu and Kashmir HC that sought directions to the Respondents to release the cost of Living Allowances and other allowances of the Petitioners. The High Court considered the issue in the matter of Subhash Chandra...
Farm Bills and Their Impact on Jammu & Kashmir
The much talked about monsoon session of the Parliament culminated recently but not without controversies, sloganeering, and demonstrations. Apart from various other bills that saw the light of the day, the three key farm bills namely Farmers' Produce Trade...
Jammu & Kashmir HC Orders Srinagar Development Authority To Repay Deposited Amount With Interest on Cancellation of Letter of Intent
Facts On 21st September 2020, Justice Ali Mohammad Magrey heard the case of Fida Ahmad Dar vs. Srinagar Development Authority & Ors., via video-conferencing. The Court allowed the Writ Petitions and quashed the notice issued by Srinagar Development Authority. The Respondents invited...
Jammu & Kashmir High Court Reiterates that No Man can be Condemned Unheard
On 22nd September 2020, Justices Ali Mohammad Magrey and Sanjay Dhar heard the case of Showkat Ahmad Mir vs Union of India and others, via video-conferencing. The Court allowed the appellant’s Letters Patent Appeal (LPA) and ordered the respondents...
What is Happening in Jammu & Kashmir: Comparing the Situation of 2019 to 2020
On August 5, 2019, the Narendra Modi government revoked Jammu and Kashmir's special status and statehood, separating it into two Union Territories. This article aims at discussing the situation then and what it is now. Introduction The Bharatiya Janata Party (BJP)...
Jammu & Kashmir High Court: Approach the Court for Justice With Clean Hands
On 6th August 2020, Justice Vinod Chatterji Koul heard the case of Ghar Singh vs Union Territory of J&K and others, via video-conferencing. The Court dismissed the Writ Petition as it was devoid of any merit. Facts of the case On...
Jammu & Kashmir High Court: Imperil Of Public Interest If Respondents Not Allowed To Execute the Contract
On 30th June 2020, Hon'ble Justice Sindhu Sharma heard the case of M/s New J.K. Roadways vs Union Territory of J&K and others, via-video conferencing. The Court dismissed the petition as it lacked merit. Facts of the case The I-G of Police,...
Jammu & Kashmir High Court Dismisses Petition Seeking to Quash Defamation Complaint Against Former CM Omar Abdullah
On 15th June 2020, Hon'ble Mr. Justice Vinod Chatterji Koul heard the case of Nayeem Akhtar Andrabi vs The Public Prosecutor and another, via video-conferencing. The Court directed the parties to appear before Trial Court on 20th July 2020. Facts...
How the Jammu & Kashmir New Domicile Law will Impact the Residents in the Territory?
Eight months back, the Central Government revoked Article 370 of the constitution. And now, it brought a new notification into place to change the years-old domicile law of the area. The new definition of ‘domicile’ in Jammu and Kashmir...
Call for Content Writing Freelancers for The Law Brigade Publishers, Stipend 2.5k/month [Apply by April 20]
The Law Brigade Group is an online, open-access journal publisher. The Law Brigade enjoys being India's only research startup...