Jammu And Kashmir & Ladakh High Court: Weekly Round Up [November 20 - November 26, 2023]

Nominal Index [Citations 290 - 300]:Madhu Bakshi Vs ACB Kashmir 2023 LiveLaw (JKL) 290Jagar Singh Vs UT of J&K 2023 LiveLaw (JKL) 291Peerzada Shah Fahad Vs UT of J&K & Anr 2023 LiveLaw (JKL) 292Adil Farooq Bhat Vs VC Central University Kashmir 2023 LiveLaw (JKL) 293Sunita Wali Vs UOI and others 2023 LiveLaw (JKL) 294Jahangeer Ahmad Mugloo Vs UT of J&K 2023 LiveLaw...

'Seema Suraksha Bal' A Central Force With Pan India Presence, Its Orders Subject To Challenge Across All High Courts: J&K High Court

The Jammu and Kashmir & Ladakh High Court upon quashing the removal order of a Sashastra Seema Bal (SSB) Constable has observed that the Seema Suraksha Bal (SSB), is a force of the Union of India with a pan-India presence, making orders passed by it appealable before any of the High Courts in the country.These observations were made by Justice M A Chowdhary while hearing a plea of a...

Contradiction On Case's Crucial Aspects Totally Discredits Witness Statement, Makes It Unreliable: Jammu & Kashmir High Court

The Jammu & Kashmir and Ladakh High Court has recently observed that the successful contradiction of a witness's statement on crucial aspects of a case would totally discredit their account and render it unreliable and untrustworthy.A bench of Justice Sanjay Dhar observed:“It is true that even if defence is successful in contradicting a witness, it would not always mean that...

Non-Adherence Of Codal Formalities No Ground To Deny Contractor's Dues After Work Completion: Jammu & Kashmir High Court

The Jammu and Kashmir and Ladakh High Court has recently said that the Government cannot deprive a contractor of his dues after work completion, by raising a plea that codal formalities at the time of allocation of the work had not been not adhered to.Justice Sanjay Dhar said that the adherence to codal formalities is an internal mechanism of the Department and once they had allotted a...

CPC | Proprietary Concerns Can File Suits Provided Complete Details Of Owner Are Disclosed In Plaint: J&K High Court

The Jammu & Kashmir and Ladakh High Court has ruled that a suit by a proprietary concern of a sole proprietor or under an assumed business name is maintainable, provided complete details of the owner are disclosed in the plaint.Clarifying the law on the subject of suits filed by proprietary concerns, Justice Javed Iqbal Wani observed,“..A suit by a proprietary concern of a sole...

S.25FFF ID Act | Enterprise Shutting Due To Financial Difficulties Not 'Unavoidable Circumstance' To Deny Retrenchment Compensation: J&K High Court

The Jammu and Kashmir and Ladakh High Court has ruled that the closure of an enterprise due to financial difficulties cannot be deemed an "unavoidable circumstance" under Section 25-FFF of the Industrial Disputes Act, thereby reinforcing the entitlement of employees to retrenchment compensation.Citing the explanation to Section 25-FFF of the Industrial Disputes Act, Justice Wasim Sadiq Nargal...

Preventive Detention | J&K High Court Orders Compassionate Release Of Detenu To Mourn Brother's Demise

While granting temporary release to a person under preventive detention, the Jammu & Kashmir and Ladakh High Court has observed that the stringent provisions outlined in Section 13 of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (PIT-NDPS Act) do not serve as a hindrance for a constitutional court exercising its jurisdiction under Article 226...

Private Dispute Between Employer-Employee Not Amenable To Writ Jurisdiction Unless Statutory Violations Demonstrated: J&K High Court

Highlighting the boundaries of writ jurisdiction in employment-related disputes, the Jammu and Kashmir and Ladakh High Court has recently observed that not all disputes between employers and employees are amenable to the writ jurisdiction.A bench of Justice Rajnesh Oswal clarified that a private dispute between the employer and the employee qua the contract of service without demonstrating...

UAPA Arrest Without Legal Justification Violates Articles 14 & 21, Accused Entitled To Bail In Such Cases Despite S.43D(5) : J&K&L High Court

The High Court held that arrest under UAPA must be justified on the anvil of "clear and present danger".

Fundamental Right To Education Doesn't Extend To Candidates Ineligible To Appear In Examinations: J&K High Court

Drawing a line between upholding a fundamental right and ensuring that academic prerequisites remain an indispensable criterion for students seeking to sit for examinations, the Jammu and Kashmir and Ladakh High Court has observed that while the right to education is a fundamental right, its essence does not stretch to endorsing the participation of ineligible candidates in...

Lowering India's Reputation Not 'Terrorist Act'; Holding So Would Mean Any Criticism Of Centre Will Be UAPA Offence : J&K&L High Court

While granting bail to Kashmir-based news journalist Peerzada Shah Fahad, the High Court of Jammu and Kashmir and Ladakh rejected an argument raised by the National Investigation Agency (NIA) that any act affecting India's dignity and lowering the country's global image will be a 'terrorist act' as defined under the Unlawful Activities Prevention Act.The case against Peerzada Shah...

Police Must Limit Surveillance Register Entries To Respect Citizen's Privacy, Fundamental Rights: J&K High Court

The Jammu and Kashmir and Ladakh High Court has urged the Police officers to strictly interpret and limit Surveillance Register entries to respect citizen's fundamental freedoms, ensuring unobtrusive and lawful surveillance.Justice Javed Iqbal Wani added that surveillance must not intrude to compromise individual dignity and the rules governing Surveillance Register entries and...