J&K High Court Cautions Against Use Of "Divorcee" Against Name Of Women In Cause Title, Says Such Pleas Would Not Be Registered
1 month, 1 week ago

J&K High Court Cautions Against Use Of "Divorcee" Against Name Of Women In Cause Title, Says Such Pleas Would Not Be Registered

Live Law  

The Jammu & Kashmir High Court directed practitioners/litigants to refrain from using the expression “divorcee” against the name of women in any petitions or applications in court proceedings. The Court also dismissed the review petition filed by the Petitioner, stating that the same was misconceived and that the order passed by the trial court did not suffer from any infirmity. The Court held that the trial court was justified in modifying the visitation rights of the Petitioner, emphasizing that a child's welfare is paramount and that forcing interactions could have long-term psychological effects. The Petitioner filed an appeal against the trial court's order, which was dismissed, and thereafter, he filed the instant review petition. The Court rejected all the arguments made by the review Petitioner and held that the trial court's order did not suffer from any defect and was passed after duly considering the welfare of the child.

High Court Trial Order Petition Petitioner  petition  rights  review  cautions  jk  order  title  petitioner  pleas  visitation  child  trial  women  divorcee  passed  high  court  registered  cause

History of this topic

J&K High Court Cautions Tourism Minister Of Contempt Action If Delay Is Caused In Complying With Orders For Paying Dues Of Deceased Contractor
1 week, 1 day ago

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

Live Law  

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. A bench of Justice Atul Sreedharan and Justice Puneet Gupta stated, “The prayer of the counsel is rejected as the …

Suit For Damages For Wrongful Dismissal Not Maintainable Until Termination Is Challenged And Declared Wrongful: J&K High Court
1 week, 5 days ago

Suit For Damages For Wrongful Dismissal Not Maintainable Until Termination Is Challenged And Declared Wrongful: J&K High Court

Live Law  

The Jammu and Kashmir High Court held that a suit for damages due to wrongful dismissal is not maintainable unless the termination is first challenged and declared wrongful. Ltd. v. Prabhakar Sitaram Bhadange, 5 SCC 623, wherein the court held that a contract of personal services is not enforceable under common law and that a civil court does not have …

J&K High Court Imposes 25K Costs On "Compulsorily Retired" SBI Employee For Concealing Facts To Mislead Court's Jurisdiction
3 weeks, 4 days ago

J&K High Court Imposes 25K Costs On "Compulsorily Retired" SBI Employee For Concealing Facts To Mislead Court's Jurisdiction

Live Law  

While dismissing a writ petition filed by a compulsorily retired State Bank of India employee, the Jammu and Kashmir and Ladakh High Court imposed a penalty of ₹25,000 for concealing crucial facts with the intent to deceive the Court regarding its territorial jurisdiction. It is the duty of every litigant to disclose all material facts, as withholding material facts from …

Hindu Marriage Act | No Bar On Joint Petition For Nullity Of Marriage And Divorce: Gujarat High Court
1 month, 1 week ago

Hindu Marriage Act | No Bar On Joint Petition For Nullity Of Marriage And Divorce: Gujarat High Court

Live Law  

The Gujarat High Court dismissed a wife's revision plea challenging a family court order which rejected her Order VII Rule 11 CPC application for rejection of her husband's 'composite suit' for nullity of marriage and divorce alleging cruelty, after noting that there is no prohibition on filing such a suit or joint petition. Therefore, there cannot be any bar in …

Courts Must Not Deny Party's Statutory Remedies As A Matter Of Policy: Jammu & Kashmir High Court
1 month, 2 weeks ago

Courts Must Not Deny Party's Statutory Remedies As A Matter Of Policy: Jammu & Kashmir High Court

Live Law  

While dismissing an appeal with cost and upholding the trial court order granting a recall Application, the Jammu, Kashmir & Ladakh High Court observed that when there is a statutory remedy available to a litigant, there is no dispute about a court granting liberty to avail such remedy as it remains open to the party to work out his remedies …

Jammu & Kashmir And Ladakh High Court Monthly Digest: January 2025
1 month, 2 weeks ago

Jammu & Kashmir And Ladakh High Court Monthly Digest: January 2025

Live Law  

Nominal Index: M/S K.P Singh Lau Through its proprietor Kavinder Pal Singh Vs Union of India 2025 LiveLaw 1 M/S SAWALKOTE PROSJEKTU TVIKLING AS Vs UT Of J&K 2025 LiveLaw 2 Mohammad Yousuf Mir & Ors. v. UT of J&K & Ors 2025 LiveLaw 3 Hilal Ahmad Mir Vs Directorate Of Enforcement 2025 LiveLaw 4 Syed Tajamul Bashir Vs Farooq …

Supreme Court Order Expediting Divorce Proceedings Cannot Be Taken To Deprive Wife Of Her Right To Contest: Allahabad High Court
2 months ago

Supreme Court Order Expediting Divorce Proceedings Cannot Be Taken To Deprive Wife Of Her Right To Contest: Allahabad High Court

Live Law  

Recently, the Allahabad High Court has held that order passed by the Supreme Court expediting divorce proceedings cannot be a ground to deprive the wife of her right to contest divorce proceedings. Subsequently, appellant-wife approached the Supreme Court seeking transfer of proceedings to Kanpur Nagar, UP, which was allowed with an observation “to make all endeavour to dispose of the …

Supreme Court Dismisses J&K Govt's Plea Against HC Direction To Create 334 Judicial Posts Within 60 Days
2 months, 1 week ago

Supreme Court Dismisses J&K Govt's Plea Against HC Direction To Create 334 Judicial Posts Within 60 Days

Live Law  

The Supreme Court today dismissed Jammu and Kashmir government's challenge to a High Court order which directed the UT authorities to create 334 judicial posts within 60 days.A bench of Justices Hrishikesh Roy and SVN Bhatti passed the order, noting that the main matter is pending before the High Court and the observations contained in the impugned order - an …

Jammu & Kashmir And Ladakh High Court Weekly Roundup: January 6 - January 12, 2025
2 months, 1 week ago

Jammu & Kashmir And Ladakh High Court Weekly Roundup: January 6 - January 12, 2025

Live Law  

Nominal Index : M/S K.P Singh Lau Through its proprietor Kavinder Pal Singh Vs Union of India 2025 LiveLaw 1 M/S SAWALKOTE PROSJEKTU TVIKLING AS Vs UT Of J&K 2025 LiveLaw 2 Mohammad Yousuf Mir & Ors. v. UT of J&K & Ors 2025 LiveLaw 3 Hilal Ahmad Mir Vs Directorate Of Enforcement 2025 LiveLaw 4 Syed Tajamul Bashir Vs …

'Right To Access Justice Not Absolute' : Supreme Court Imposes Rs 1 Lakh Cost On Litigant For Multiple Frivolous Cases
2 months, 1 week ago

'Right To Access Justice Not Absolute' : Supreme Court Imposes Rs 1 Lakh Cost On Litigant For Multiple Frivolous Cases

Live Law  

The Supreme Court recently imposed a heavy cost of Rs.1,00,000 on the petitioner, who over the span of more than 11 years filed frivolous litigants and indulged in forum shopping more than 10 times including before the High Court of Bombay and the Supreme Court. The petitioner then filed an application to the Ministry of Law & Justice seeking inquiry …

Jammu & Kashmir High Court Initiates Contempt Proceedings Against Law Firm Shardul Amarchand Mangaldas For Misquoting Judgment
2 months, 2 weeks ago

Jammu & Kashmir High Court Initiates Contempt Proceedings Against Law Firm Shardul Amarchand Mangaldas For Misquoting Judgment

Live Law  

Taking suo motu cognizance of misquotations of its 2010 judgment, the Jammu and Kashmir and Ladakh High Court has initiated contempt proceedings against the prominent law firm Shardul Amarchand Mangaldas. Noting misquotations made by the law firm in a legal notice concerning a hydroelectric project, Sawalkote Hydroelectric Power Project Justice Rahul Bharti ordered, “.this Court suo-moto takes cognizance of the …

J&K High Court Stays Cancellation Of EWS Certificate, Questions 'Preconceived Notions' By Deputy Commissioner
2 months, 3 weeks ago

J&K High Court Stays Cancellation Of EWS Certificate, Questions 'Preconceived Notions' By Deputy Commissioner

Live Law  

The Jammu and Kashmir and Ladakh High Court on Monday stayed the cancellation of an Economically Weaker Section certificate after observing that the Deputy Commissioner, Jammu, acted on a preconceived notion against the petitioner, rendering the entire inquiry process questionable. The case originated when the petitioner, Ajay Kumar Sareen, challenged an order dated December 16, 2024, passed by the Deputy …

Jammu & Kashmir And Ladakh High Court Weekly Roundup November 25 - December 1, 2024
3 months, 2 weeks ago

Jammu & Kashmir And Ladakh High Court Weekly Roundup November 25 - December 1, 2024

Live Law  

Nominal Index: Dilawar Javid Bhat Vs UT Of J&K 2024 LiveLaw 317 Abdul Majeed Lone Vs Union of India 2024 LiveLaw 318 Kewal Krishan Vs Sham Lal 2024 LiveLaw 319 Ajeet Kumar Vs UT Of J&K 2024 LiveLaw 320 Shenaz Begum th. Abdul Mazeed Vs UT Of J&K 2024 LiveLaw 321 UT Of J&K Vs Seema Koul & Anr 2024 …

Kashmiri Pandit Woman Continues To Retain Migrant Status Despite Marriage To Non-Migrant: J&K High Court
3 months, 3 weeks ago

Kashmiri Pandit Woman Continues To Retain Migrant Status Despite Marriage To Non-Migrant: J&K High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has ruled that a Kashmiri Pandit woman does not lose her "migrant status" upon marrying a non-migrant. This discrimination becomes even more brazen where a male migrant continues to remain a migrant notwithstanding the fact that he has married a non-migrant” These observations came in a plea The case stemming from a …

S.498A IPC | Ensure Husband's Distant Relatives Aren't Over-Implicated In Exaggerated Cases : Supreme Court Cautions Courts
3 months, 3 weeks ago

S.498A IPC | Ensure Husband's Distant Relatives Aren't Over-Implicated In Exaggerated Cases : Supreme Court Cautions Courts

Live Law  

The Supreme Court has sounded a word of caution to the Courts to ensure that distant relatives of a husband are not unnecessarily implicated in criminal cases filed at the instance of wife alleging domestic cruelty under Section 498A of the Indian Penal Code.A bench comprising Justice CT Ravikumar and Justice Rajesh Bindal made this observation while quashing the criminal …

Supreme Court Asks Jammu & Kashmir UT To Frame Policy On Premature Release Of Convicts
4 months, 1 week ago

Supreme Court Asks Jammu & Kashmir UT To Frame Policy On Premature Release Of Convicts

Live Law  

Through a significant order, the Supreme Court recently nudged the Union Territory of Jammu and Kashmir to frame policy for premature release of convicts, considering that framing of the policy lies within the exclusive domain of the UT and it has no policy for remission on the basis of period of incarceration.A bench of Justices Surya Kant and Ujjal Bhuyan …

Past Cohabitation Sufficient To Establish Domestic Relationship Under Domestic Violence Act: J&K High Court
7 months, 2 weeks ago

Past Cohabitation Sufficient To Establish Domestic Relationship Under Domestic Violence Act: J&K High Court

Live Law  

The Jammu & Kashmir and Ladakh High Court has ruled that a domestic relationship under the Domestic Violence Act, can be established through past cohabitation, and current cohabitation is not a requirement for the same. So, merely because the petitioner and respondent No.1 are not presently living in a shared household, it cannot be stated that there is no domestic …

J&K High Court Imposes 10K Cost On DM Jammu For 'Unjustifiable' Preventive Detention Order
8 months ago

J&K High Court Imposes 10K Cost On DM Jammu For 'Unjustifiable' Preventive Detention Order

Live Law  

The High Court of Jammu & Kashmir and Ladakh has sharply criticized a preventive detention order issued under the Jammu and Kashmir Public Safety Act, 1978, and imposed a ₹10,000 fine on the District Magistrate Jammu, personally, citing "unjustifiable" grounds for the detention. The court described the detention order as based on the “twisted reasoning and thought process of the …

Jammu & Kashmir And Ladakh High Court Weekly Roundup: 8 July - 14 July, 2024
8 months, 1 week ago

Jammu & Kashmir And Ladakh High Court Weekly Roundup: 8 July - 14 July, 2024

Live Law  

Nominal Index: Mehraj ud din Andrabi Vs Zia Darakshan 2024 LiveLaw 180 Yawar Ahmad Malik Vs UT of J&K 2024 LiveLaw 181 Fayaz Ahmad Wani Vs Mst Hameeda 2024 LiveLaw 182 MAHANT GANESH DASS JI V/s STATE OF JK AND ANOTHER 2024 LiveLaw 183 Rajinder Kumar and others Vs UT of J&K 2024 LiveLaw 184 Judgments/Orders: Dismissal Of Complaint For …

Jammu and Kashmir and Ladakh High Court Weekly Roundup June 24 - June 30, 2024
8 months, 3 weeks ago

Jammu and Kashmir and Ladakh High Court Weekly Roundup June 24 - June 30, 2024

Live Law  

Nominal Index: State Vs Raj Kumar 2024 LiveLaw 166 Yunius Hussain Vs UT of J&K 2024 LiveLaw 167 Manzoor Hussain Vs UT Of J&K 2024 LiveLaw 168 ABDUL ROUF SHAH Vs ATIQA HASSAN & OTHERS 2024 LiveLaw 169 Vinod Kumar Vs Somi Devi 2024 LiveLaw 170 Sunil Kumar Vs Department of Agriculture J&K 2024 LiveLaw 171 NAZIR AHMAD DAR & …

Unscrupulous Litigation Against Husband & Family Even After Settlement & Mutual Divorce: MP High Court Imposes Rs 1 Lakh Cost On Wife
1 year ago

Unscrupulous Litigation Against Husband & Family Even After Settlement & Mutual Divorce: MP High Court Imposes Rs 1 Lakh Cost On Wife

Live Law  

Madhya Pradesh High Court has imposed Rs 1 Lakh cost on a litigant wife for misusing the process of court by continuing prosecution against the husband and his family even after reaching a settlement and obtaining a decree of divorce by mutual consent. Regarding the allegation levelled against the husband and his octogenarian parents under Section 313 IPC, the court …

"Singh" Or "Kour" Surnames Not Mandatory For Sikh Identity: J&K High Court Dismisses Plea Challenging Gurudwara Committee Election
1 year, 2 months ago

"Singh" Or "Kour" Surnames Not Mandatory For Sikh Identity: J&K High Court Dismisses Plea Challenging Gurudwara Committee Election

Live Law  

The Jammu and Kashmir High Court has made it clear that having "Singh" or "Kour" as surnames is not mandatory to be recognized as a Sikh person. At the outset, Justice Wasim Sadiq Nargal referred to J&K Sikh Gurudwara & Religious Endowment Act, 1973 and observed, “The contention of the petitioner, which has been raised by the appellant/petitioner herein before …

Appeals, Second Appeals & Suits Connected By An Intrinsic Unity, To Be Regarded As One Legal Proceeding: J&K High Court
1 year, 2 months ago

Appeals, Second Appeals & Suits Connected By An Intrinsic Unity, To Be Regarded As One Legal Proceeding: J&K High Court

Live Law  

Underscoring the interrelated nature of legal remedies, the Jammu and Kashmir and Ladakh High Court has reiterated that appeals are not separate proceedings but rather continuations of the original suits. However, instead of filing an appeal, the university directly approached the High Court, invoking its extraordinary jurisdiction under Articles 226 and 227 of the Constitution seeking quashing of the trial …

Jammu and Kashmir and Ladakh High Court Monthly Digest November 2023
1 year, 3 months ago

Jammu and Kashmir and Ladakh High Court Monthly Digest November 2023

Live Law  

Nominal Index: Abdul Rehman Nath V/s Umar Mohammad Beigh 2023 LiveLaw 278 Dr. Abid Hussain Vs State of J&K 2023 LiveLaw 279 Syed Irfan Abdullah Vs UT of J&K 2023 LiveLaw 280 Mrs. Syed Asma Balki Vs. Mudasir Shibzada 2023 LiveLaw 281 ZAHOOR AHMAD DAR Vs JAMEELA BANO & ANOTHER 2023 LiveLaw 282 A K Engineers and Contractors Pvt Ltd …

Jammu & Kashmir And Ladakh High Court Dismisses Writ Petition Challenging SCN Regarding Export Of Banned Yarn Shawls
1 year, 8 months ago

Jammu & Kashmir And Ladakh High Court Dismisses Writ Petition Challenging SCN Regarding Export Of Banned Yarn Shawls

Live Law  

The Jammu & Kashmir And Ladakh High Court has dismissed a writ petition challenging a show cause notice regarding the export of banned yarn shawls.The bench of Justice Vinod Chatterji Koul has observed that the act of respondents in seizing consignments or goods took place in Delhi, followed by other events including the issuance of show cause notices, etc., so …

Withdrawing Consent For Divorce U/S 13B Hindu Marriage Act Not Contemptuous: Himachal Pradesh High Court
1 year, 9 months ago

Withdrawing Consent For Divorce U/S 13B Hindu Marriage Act Not Contemptuous: Himachal Pradesh High Court

Live Law  

Dismissing a petition for invoking contempt proceedings against the Respondent-wife for violating terms of settlement with her husband, the Himachal Pradesh High Court has ruled that parties have an indefeasible and absolute right to withdraw their consent/petition for divorce by mutual consent under Section 13-B of the Hindu Marriage Act. Justice Satyen Vaidya, while clarifying that the Respondent's right to …

Classic Case of Litigants Overreaching Law: Bombay HC Denies Relief to Woman Who Remarried During Appeal
1 year, 11 months ago

Classic Case of Litigants Overreaching Law: Bombay HC Denies Relief to Woman Who Remarried During Appeal

News 18  

A division bench of the Bombay High Court comprising Justice RD Dhanuka and Justice MM Sathaye has recently refused to grant any relief to a divorced woman who remarried a German national during the appeal period while observing that it was a “classic case of litigants trying to overreach the law”. The high court was hearing an application filed by …

Gujarat High Court Imposes ₹5000 Cost On Man For Seeking Custody Of Live-In Partner Who Is Married To Another Man
2 years ago

Gujarat High Court Imposes ₹5000 Cost On Man For Seeking Custody Of Live-In Partner Who Is Married To Another Man

Live Law  

The Gujarat High Court dismissed a habeas corpus petition with Rs. 5000/- cost on the petitioner who was seeking custody of his live-in partner alleging that she was in illegal custody of her husband. We are, therefore, of the view that custody of respondent No.4 with respondent No.5 cannot be termed as illegal custody as alleged by the petitioner and …

Cause Of Action Cannot Be Generated By Repeated Representations, Right To Claim Must Be Established: Jammu & Kashmir High Court
2 years ago

Cause Of Action Cannot Be Generated By Repeated Representations, Right To Claim Must Be Established: Jammu & Kashmir High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has recently ruled that ‘cause of action’ cannot be generated by making repeated representations and serving legal notices to the concerned authorities as every fact is required to be proved in order to support the right being claimed before the court. The observations to this effect were made by a bench comprising …

When A Private Entity Is Amenable To Writ Jurisdiction, Judicial Review Restricted To Public Functions: J&K&L High Court
2 years, 2 months ago

When A Private Entity Is Amenable To Writ Jurisdiction, Judicial Review Restricted To Public Functions: J&K&L High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court recently ruled that in cases where a private body is amenable to writ jurisdiction, the powers of judicial review are confined to actions which have an element of public duty involved. Adjudicating upon the matter the bench took support from the Supreme Court judgement in BCCI vs. Cricket Association of Bihar and …

J&K&L High Court Dismisses Plea By Ex-Minister Chaudhary Lal Singh Against Eviction From Government Bungalow
2 years, 2 months ago

J&K&L High Court Dismisses Plea By Ex-Minister Chaudhary Lal Singh Against Eviction From Government Bungalow

Live Law  

The Jammu and Kashmir and Ladakh High Court on Monday dismissed a plea filed by ex-minister Chaudhary Lal Singh against evicting him from the government-allotted bungalow in Jammu's Gandhi Nagar.The pronouncement came on a plea moved Lal Singh seeking injunction against his eviction till the government re-assesses the security threat to him.Earlier also, Singh had moved a plea challenging. The …

J&K&L High Court Weekly Roundup December 19 To December 25, 2022
2 years, 2 months ago

J&K&L High Court Weekly Roundup December 19 To December 25, 2022

Live Law  

J&K&L High Court Weekly Roundup December 19 To December 25, 2022 Nominal Index : Case Title: Bajaj Allianz General Insurance Co. Ltd Vs Gulshan Kumar and Ors 2022 LiveLaw 253 Case Title : Akona Engineering Private Ltd Vs Pal Construction and another 2022 LiveLaw 254 Case Title : Royal Singh Vs UT of J&K 2022 LiveLaw 255 Case Title : …

JKL High Court Summons Three Senior Lawyers Over Alleged Misconduct, Indulgence In Anti-National Activities
2 years, 3 months ago

JKL High Court Summons Three Senior Lawyers Over Alleged Misconduct, Indulgence In Anti-National Activities

Live Law  

The Jammu and Kashmir and Ladakh High Court on Tuesday issued summons to three Senior Advocates on a complaint lodged by State Law Secretary Achal Sethi over alleged professional misconduct and indulgence in anti-national activities. High Court's Disciplinary Committee issued summons to former President of the Srinagar High Court Bar Association- Mian Abdul Qayoom, Senior Advocates Nazir Ronga and Ghulam …

Wife Who Filed Three Criminal Cases Against Husband Fully Aware Of Legal Procedure, Cannot Claim Ignorance: Bombay HC Upholds Divorce
2 years, 4 months ago

Wife Who Filed Three Criminal Cases Against Husband Fully Aware Of Legal Procedure, Cannot Claim Ignorance: Bombay HC Upholds Divorce

Live Law  

Observing that a woman who filed three criminal cases against her husband would be fully aware of the legal procedure, the Bombay High Court refused to set aside a divorce decree granted by the Family Court owing to her non-appearance. "The Appellant had knowledge of the legal procedure, having filed three criminal cases," the High Court bench observed, adding that …

Right To Choose Forum For Redressal Of Grievance Does Not Permit Choice Of Two Forums For Same Reliefs: J&K&L High Court Imposes 50K Cost
2 years, 4 months ago

Right To Choose Forum For Redressal Of Grievance Does Not Permit Choice Of Two Forums For Same Reliefs: J&K&L High Court Imposes 50K Cost

Live Law  

Coming down heavily on a petitioner for "forum hunting" and suppression of material facts, the Jammu and Kashmir and Ladakh High Court recently imposed a penalty of Rs. High Court noted that the Petitioner had already filed an appeal before the civil court, which is pending adjudication before the court of 3rd Additional District & Sessions Judge, Srinagar. "I, hold …

J&K&L High Court Orders Expeditious Trial In Nadimarg Kashmiri Pandit Massacre Case, Proceedings To Resume After A Decade
2 years, 4 months ago

J&K&L High Court Orders Expeditious Trial In Nadimarg Kashmiri Pandit Massacre Case, Proceedings To Resume After A Decade

Live Law  

The Jammu & Kashmir and Ladakh High Court on Saturday allowed a revision petition of J&K Police in the 2003 Nadimarg massacre case — the verdict means the trial which had abruptly halted more than a decade back can now resume.Justice Vinod Chatterji Koul in the judgment pronounced today afternoon ordered the trial court to take all necessary measures for …

Matrimonial Offences Including S.498A IPC May Be Quashed In Exercise Of Powers U/S 482 CrPC When Parties Arrive At Settlement: J&K&L High Court
2 years, 6 months ago

Matrimonial Offences Including S.498A IPC May Be Quashed In Exercise Of Powers U/S 482 CrPC When Parties Arrive At Settlement: J&K&L High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court recently ruled that offences arising out of matrimony, where the wrong is basically private or personal in nature and the parties have resolved their entire dispute, the High Court will be within its jurisdiction to quash the criminal proceedings. The bench of Justice Sanjay Dhar was hearing a plea whereby the petitioner …

Deep Appreciation Of Facts Not Required At Stage Of Framing Charges: J&K&L High Court
2 years, 7 months ago

Deep Appreciation Of Facts Not Required At Stage Of Framing Charges: J&K&L High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court recently observed that while considering a case for charge or discharge of an accused, the court is not required to enter into deeper appreciation of the facts. At the stage of framing of charge, the court has only to consider the material for framing opinion as to whether prima facie offence is …

CrPC | Order Of Maintenance Does Not Get Wiped Out Because Of Settlement During Pendency Of Execution Proceedings: J&K&L High Court
2 years, 7 months ago

CrPC | Order Of Maintenance Does Not Get Wiped Out Because Of Settlement During Pendency Of Execution Proceedings: J&K&L High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court recently held that merely because a settlement has taken place between warring spouses during the pendency of execution proceedings, the order of maintenance passed by a Magistrate under Section 488 of J&K CrPC does not get wiped out if the settlement does not work. A bench comprising Justice Sanjay Dhar was hearing …

11 Yrs Of Frivolous Litigation: Bombay High Court Reprimands Petitioner In Person, Imposes 1 Lakh Cost
2 years, 8 months ago

11 Yrs Of Frivolous Litigation: Bombay High Court Reprimands Petitioner In Person, Imposes 1 Lakh Cost

Live Law  

The Bombay High Court recently reprimanded a Pune resident, seeking second review of the court's earlier decision, stating that the petition was without merit and constituted abuse of process and law. "In the second review petition, the petitioner has literally reproduced and reiterated almost everything what has been stated by him in the Second Appeal as well as in his …

High Court Has Absolute & Exclusive Disciplinary Control Over District Judiciary Under Article 235 : J&K&L High Court
2 years, 8 months ago

High Court Has Absolute & Exclusive Disciplinary Control Over District Judiciary Under Article 235 : J&K&L High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court recently held that control over the District Judiciary vested in the High Court in Article 235 of the Constitution of India is complete and absolute and provided only to ensure the independence of the judiciary and to achieve effective separation of powers. A Division Bench of Chief Justice Pankaj Mithal and Justice …

Supreme Court Issues Notice To Malaysian High Commissioner In Woman's Habeas Corpus Plea To Trace Missing Husband
3 years, 2 months ago

Supreme Court Issues Notice To Malaysian High Commissioner In Woman's Habeas Corpus Plea To Trace Missing Husband

Live Law  

A Bench of Justices UU Lalit, S Ravindra Bhat, and Bela M Trivedi on Monday issued notice to the High Commissioner of Malaysia in a habeas corpus petition filed by a wife seeking to trace her husband who had gone to Malaysia for a job and has been missing since 2015. The Court was hearing a plea filed by one …

Unilateral Withdrawal Of Consent From Joint Divorce Petition, After Other Party Has Performed Obligations Under Agreement, Cannot Be Permitted : Kerala High Court
4 years, 1 month ago

Unilateral Withdrawal Of Consent From Joint Divorce Petition, After Other Party Has Performed Obligations Under Agreement, Cannot Be Permitted : Kerala High Court

Live Law  

The Kerala High Court has delivered a notable judgment holding that unilateral withdrawal of consent by a spouse from a joint petition filed for divorce, after the other party has performed his/her obligations under the agreement, is unsustainable in law.The Court termed it a "sharp practice, which cannot be permitted or tolerated for a moment as it would shatter the …

"Unholy Alliance": P&H High Court Dismisses Protection Plea Of Married Woman Residing With Another Man, Imposes Costs Of 25K
4 years, 1 month ago

"Unholy Alliance": P&H High Court Dismisses Protection Plea Of Married Woman Residing With Another Man, Imposes Costs Of 25K

Live Law  

The Punjab & Haryana High Court recently dismissed the protection plea filed by a married woman who decided to live with another man, without dissolution of her marriage. Thus, the petitioners filed the instant protection plea before the High Court apprehending that the private respondents would cause harm to them. In related news, the Punjab & Haryana High Court had, …

Court Verdicts Do Not Give Cause Of Action; Only Declare Law 'As Was, As Is': Jammu & Kashmir High Court [Read Order]
4 years, 4 months ago

Court Verdicts Do Not Give Cause Of Action; Only Declare Law 'As Was, As Is': Jammu & Kashmir High Court [Read Order]

Live Law  

The Jammu and Kashmir High Court has made it clear that a Court order, that might be favourable to any person's case, does not give him a cause of action and cannot be used to revive a case, otherwise suffering from delay or laches. The same cannot be claimed more than seven years after the retirement even if in some …

Supreme Court refuses to hear plea against Jammu & Kashmir domicile rules
4 years, 8 months ago

Supreme Court refuses to hear plea against Jammu & Kashmir domicile rules

The Hindu  

The Supreme Court on Wednesday declined to entertain a petition challenging legal provisions granting 100% domiciliary quota in public employment in the Union Territory of Jammu and Kashmir. A three-judge Bench led by Justice L. Nageswara Rao advised advocate Nahum Ul Huda to approach the J&K High Court. Letter and spirit: On new domicile rules in J&K | Fact check: …

99% Of Habeas Pleas Filed Before Jammu and Kashmir HC Since Abrogation Of Article 370 Are Still Pending: J&K HC Bar Association Writes To CJI [Read Letter]
4 years, 8 months ago

99% Of Habeas Pleas Filed Before Jammu and Kashmir HC Since Abrogation Of Article 370 Are Still Pending: J&K HC Bar Association Writes To CJI [Read Letter]

Live Law  

The Jammu and Kashmir High Court Bar Association, Srinagar has written to the Chief Justice India, highlighting various problems that are being faced by its members ever since abrogation of Article 370 of the Constitution, last year. after the Abrogation of Article 370, more than 600 habeas corpus petitions have been filed before the High Court of UT of J&K …

SC Dismisses Ex-J&K Minister Abdul Ghani Kohli's Plea In Forest Land Encroachment Case
5 years ago

SC Dismisses Ex-J&K Minister Abdul Ghani Kohli's Plea In Forest Land Encroachment Case

Live Law  

The Supreme Court today dismissed a Plea by former J&K minister Abdul Ghani Kohli against the order of J&K High Court in a case against educational institutions owned and run by his family on the forest land in village Nowabad of Sunjwan in Jammu. Lalit & Aniruddha Bose observed that the High Court of Jammu & Kashmir had simply sought …

Wrong Details Of Wife In Divorce Petition: Karnataka HC Overturns Divorce Decree Granted To Husband [Read Judgment]
5 years, 6 months ago

Wrong Details Of Wife In Divorce Petition: Karnataka HC Overturns Divorce Decree Granted To Husband [Read Judgment]

Live Law  

The Karnataka High Court has overturned a divorce decree granted ex-parte to a husband and remanded the matter back to the family court for fresh consideration, after it was found that husband gave wrong address details of the wife, so that she could not be called upon to file her reply to his divorce petition. The wife argued before the …

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