Security Threats Faced By Litigants Justify Alternative Measures Like Virtual Hearings Instead Of Transferring Case: J&K High Court
1 week, 2 days ago

Security Threats Faced By Litigants Justify Alternative Measures Like Virtual Hearings Instead Of Transferring Case: J&K High Court

Live Law  

Recognizing that the petitioners had legitimate security concerns due to their migration from Kashmir in the past the Jammu and Kashmir High Court allowed a virtual hearing for the party from the Jammu Wing in a case before its Srinagar Wing. BACKGROUND: The petitioners sought the transfer of a case from the Srinagar Wing to the Jammu Wing of the High Court. When the fraud was discovered, the defendants/petitioners challenged the decree, and the High Court transferred the case to the Munsiff Court, Jammu, due to security threats faced by the petitioners, who had migrated to Jammu. However, instead of appealing the decision in Jammu, respondents 4 to 7 filed a case before the Srinagar Wing of the High Court.

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History of this topic

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, 2 weeks 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. …

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

Mediated Settlement Enforceable Only Upon Court Approval And Issuance Of Decree: J&K High Court
3 months ago

Mediated Settlement Enforceable Only Upon Court Approval And Issuance Of Decree: J&K High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has reiterated the enforceability of mediated settlements under the Jammu and Kashmir Mediation and Conciliation Rules, 2019 and emphasized that a settlement reached during mediation gains the status of a decree enforceable at law only when it receives the Court's approval and a decree is passed accordingly. The trial court, in a …

BREAKING: Supreme Court issues notice to Muslim side in Gyanvapi case, seeks reply within two weeks
4 months, 1 week ago

BREAKING: Supreme Court issues notice to Muslim side in Gyanvapi case, seeks reply within two weeks

India TV News  

Gyanvapi case: In a significant development, the Supreme Court on Friday issued a notice to the Muslim side on the petition demanding an Archaeological Survey of India survey of the alleged Shivling in the Gyanvapi mosque complex. After hearing this, the apex court has issued a notice to the Muslim side and sought a reply within two weeks. A bench …

Appeals, Second Appeals & Suits Connected By An Intrinsic Unity, To Be Regarded As One Legal Proceeding: J&K High Court
1 year, 3 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 …

JKL High Court Refuses Security To A Man Apprehending Harm Over Rumours Of Being 'BJP Agent'
2 years, 3 months ago

JKL High Court Refuses Security To A Man Apprehending Harm Over Rumours Of Being 'BJP Agent'

Live Law  

The Jammu and Kashmir and Ladakh High Court recently declined intervention in a plea seeking a direction upon the government to provide security cover to the Petitioner as there are rumors in his locality that he is a 'BJP agent'.A bench of Justice Vinod Chatterji Koul observed that the authorities had already made a threat assessment and did not find …

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, 5 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 …

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 …

'Contemptuous': Rajasthan High Court Expresses Displeasure Over Counsel Insisting Judge To Recuse From Hearing, Places Matter Before CJ
2 years, 11 months ago

'Contemptuous': Rajasthan High Court Expresses Displeasure Over Counsel Insisting Judge To Recuse From Hearing, Places Matter Before CJ

Live Law  

The Rajasthan High Court has opined that no counsel can insist a Judge to recuse from hearing a case, even if during the course of hearing, the court has commented on the merits of the case, which in the counsel's opinion are not favourable. Without making any further comment regarding conduct of the petitioner's counsel and deeming it appropriate to …

Covid-19: Jammu & Kashmir High Court Extends Virtual Functioning Till May 15
3 years, 11 months ago

Covid-19: Jammu & Kashmir High Court Extends Virtual Functioning Till May 15

Live Law  

In view of the alarming surge in COVID-19 cases in the UTs of Jammu & Kashmir and Ladakh, the filing/ hearing of cases in the High Court as well as in the District and Subordinate Courts and Tribunals shall be conducted through Virtual Mode till May 15, 2021. Further, the Registrar General of the High Court has issued the following …

'No Longer Any Difference Between Physical And Virtual Courts; Get Used To It' : Justice Khanwilkar
4 years, 5 months ago

'No Longer Any Difference Between Physical And Virtual Courts; Get Used To It' : Justice Khanwilkar

Live Law  

"There is no longer any difference between physical and virtual hearings; get used to this", said Justice AM Khanwilkar while adjourning the appeal against the Bombay High Court's order upholding the conviction of gangster Arun Gawli in the murder of Shiv Sena corporator Kamlakar Jamsednakar and the life imprisonment awarded to him by the Special MCOCA Court. Justice Khanwilkar responded …

Conditions For Transferring Cases from High Courts Under Article 139A To Apex Court: SC Explains [Read Judgment]
4 years, 8 months ago

Conditions For Transferring Cases from High Courts Under Article 139A To Apex Court: SC Explains [Read Judgment]

Live Law  

The Supreme Court has withdrawn to itself a writ petition pending before the Punjab and Haryana High Court challenging a notification issued by the State of Haryana providing for 10% vertical reservation for economically backward persons in general category in certain fields of public employment. The State of Haryana opposed the Transfer plea contending that in Commissioner of Services Tax …

Transfer Of Judges Not A Solution For Complaints Against Them : Justice Chandrachud
5 years, 6 months ago

Transfer Of Judges Not A Solution For Complaints Against Them : Justice Chandrachud

Live Law  

Supreme Court judge Justice D Y Chandrachud said that transfer of judges is not a solution for complaints against them, as per The Indian Express. We need a system that is more nuanced than what we currently have to make judges accountable," the Indian Express quoted Justice Chandrachud.The comments assume significance in the wake of. We need a system that …

Bombay HC Upholds Transfer Of Case After Party’s Lawyer Comments On Judge’s Facebook Post [Read Order]
6 years, 8 months ago

Bombay HC Upholds Transfer Of Case After Party’s Lawyer Comments On Judge’s Facebook Post [Read Order]

Live Law  

A Division Bench of the Bombay High Court recently upheld the decision to transfer a case from a lower court judge after one of the parties’ lawyers commented on the judge’s FaceBook post.Justice Shantanu Kemkar and Justice Nitin W. Sambre in fact opined that the lawyer’s act of commenting on the judge’s post is capable of being viewed. A Division …

Bombay HC Upholds Transfer Of Case After Party’s Lawyer Comments On Judge’s Facebook Post [Read Order]
6 years, 8 months ago

Bombay HC Upholds Transfer Of Case After Party’s Lawyer Comments On Judge’s Facebook Post [Read Order]

Live Law  

A Division Bench of the Bombay High Court recently upheld the decision to transfer a case from a lower court judge after one of the parties’ lawyers commented on the judge’s FaceBook post.Justice Shantanu Kemkar and Justice Nitin W. Sambre in fact opined that the lawyer’s act of commenting on the judge’s post is capable of being viewed. A Division …

SC Order Saying I Agreed To Transfer Of Petitions From Bombay HC In Judge Loya Case Incorrect: Indira Jaising Informs SC
7 years, 2 months ago

SC Order Saying I Agreed To Transfer Of Petitions From Bombay HC In Judge Loya Case Incorrect: Indira Jaising Informs SC

Live Law  

In a tweet, Senior Advocate Indira Jaising has claimed that the Supreme Court has wrongly recorded in one of its recent orders that she agreed to transfer of the Petitions in Judge Loya case from the Bombay High Court to the Apex Court.“I mentioned that this should be corrected, I pointed out that page to my request to intervene is …

SC Order Saying I Agreed To Transfer Of Petitions From Bombay HC In Judge Loya Case Incorrect: Indira Jaising Informs SC
7 years, 2 months ago

SC Order Saying I Agreed To Transfer Of Petitions From Bombay HC In Judge Loya Case Incorrect: Indira Jaising Informs SC

Live Law  

In a tweet, Senior Advocate Indira Jaising has claimed that the Supreme Court has wrongly recorded in one of its recent orders that she agreed to transfer of the Petitions in Judge Loya case from the Bombay High Court to the Apex Court.“I mentioned that this should be corrected, I pointed out that page to my request to intervene is …

‘District Judge dismissing 45 appeals in three days’ cannot be a ground to transfer an appeal to another court; AP High Court
8 years, 9 months ago

‘District Judge dismissing 45 appeals in three days’ cannot be a ground to transfer an appeal to another court; AP High Court

Live Law  

When Courts, which move at snail’s pace, are ridiculed, we do not know how Courts that proceed on fast track could also be condemned, the Bench said.The High court of Andhra Pradesh has observed that mere apprehension of litigants that they might not get justice from a particular judge, because the judge dismissed around 45 appeals within three days, is …

‘District Judge dismissing 45 appeals in three days’ cannot be a ground to transfer an appeal to another court; AP High Court
8 years, 9 months ago

‘District Judge dismissing 45 appeals in three days’ cannot be a ground to transfer an appeal to another court; AP High Court

Live Law  

When Courts, which move at snail’s pace, are ridiculed, we do not know how Courts that proceed on fast track could also be condemned, the Bench said.The High court of Andhra Pradesh has observed that mere apprehension of litigants that they might not get justice from a particular judge, because the judge dismissed around 45 appeals within three days, is …

Transfer of case from one trial court to other based on complainant's apprehensions allowed by Thakur and A.K.Goel JJ: Banumathi J dissents
10 years, 1 month ago

Transfer of case from one trial court to other based on complainant's apprehensions allowed by Thakur and A.K.Goel JJ: Banumathi J dissents

Live Law  

A 3 judge bench with a majority of 2:1 allowed a transfer petition filed by the complainant based on his apprehensions of biasness. The majority judgment authored by Justice T.S.Thakur for his lordship and Justice Adarsh Kumar Goel directed transfer of the case from ADJ, Rohini's Court to Sessions Judge, Tis Hazari Court to be tried. The revision petition before …

Transfer of case from one trial court to other based on complainant's apprehensions allowed by Thakur and A.K.Goel JJ: Banumathi J dissents
10 years, 1 month ago

Transfer of case from one trial court to other based on complainant's apprehensions allowed by Thakur and A.K.Goel JJ: Banumathi J dissents

Live Law  

A 3 judge bench with a majority of 2:1 allowed a transfer petition filed by the complainant based on his apprehensions of biasness. The majority judgment authored by Justice T.S.Thakur for his lordship and Justice Adarsh Kumar Goel directed transfer of the case from ADJ, Rohini's Court to Sessions Judge, Tis Hazari Court to be tried. The revision petition before …

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