Consumer Forum Cannot Resort To "Summary Adjudication", Must Allow Rebuttal Of Claimant's Case: J&K High Court

The Jammu & Kashmir High Court set aside an order passed by the Consumer Commission, citing that it was “bereft of any reasons” and rendered without affording an opportunity to the insurance company to produce evidence in rebuttal against the claimant's statement.The matter involved an insurance claim relating to the death of an insured person, where the insurance company raised primary objections that there was concealment of a chronic heart condition by the claimant. The Consumer...

J&K High Court Directs Govt To Release Pending Payments To SSI For Completed Public Work, Says Arbitrary Withholding Of Pay Violates Article 14

Reinforcing the rights of small industrial units, the High Court of Jammu and Kashmir and Ladakh at Srinagar has reiterated that the arbitrary withholding of payment for completed work is violative of Article 14 of the Constitution of India. A bench of Justice Wasim Sadiq Nargal thus directed the Union Territory administration and concerned departments to release the long-pending dues to a registered Small Scale Industrial (SSI) Unit, for execution of government-assigned works.In allowing the...

J&K High Court Issues Notice On Plea Seeking Time-Bound Disposal Of RTI Appeals Before Central Information Commission

The Jammu & Kashmir High Court has issued notice in a Public Interest Litigation (PIL) by the petitioner, seeking directions for the timely disposal of second appeals filed under the Right to Information Act, 2005, before the Central Information Commission (CIC), New Delhi, particularly those emerging from the Union Territory of J&K.The petition is filed by Junaid Javid, a 28-year-old RTI and social activist from Baramulla, who alleges systematic delay in listing and adjudicating second...

GST Payable On Rent For Hotels Hired By Govt For Security Forces, Liability Of Home Dept To Reimburse: J&K High Court

The Jammu and Kashmir High Court has held that the Department of Home is liable to reimburse GST in addition to the fixed rent to hotel owners whose accommodations have been requisitioned for housing security forces.The petitioner had filed the petition seeking a direction that the tax amount be paid or reimbursed separately by the Home Department over and above the fixed rent. A bench...

Investigation Cannot Be Transferred Merely To Satisfy Prestige: J&K High Court Dismisses Plea Seeking CBI Probe Into Alleged House Theft

Emphasising that the power of the constitutional courts cannot be exercised by transferring the investigation just for the asking nor is transfer directed only to satisfy the ego or vindicate prestige of a party interested for such investigation the High Court of Jammu and Kashmir and Ladakh at Srinagar dismissed a writ petition seeking a fresh investigation by the CBI into a house...

'Should've Been Ashamed': J&K HC Issues Contempt Notice Against Cop For Violating SC Guidelines, Arresting 69-Yr-Old 8 Months After FIR

The Jammu and Kashmir High Court has come down heavily on a police officer for violating the directions laid down by the Supreme Court in the landmark judgement of Arnesh Kumar v. State of Bihar, 2014, on guidelines for arrest.The court initiated contempt of court proceedings against him for unauthorised arrest in a case involving minor offences, where a 69-Year-Old man had been accused.The...

DV Act | Magistrate Can Grant Ex-Parte Relief Even In Absence Of Domestic Incident Report: J&K High Court

In a pivotal ruling on the rights of women under the Protection of Women from Domestic Violence Act, 2005, the High Court of Jammu and Kashmir and Ladakh has held that a Domestic Incident Report (DIR) is not mandatory for a Magistrate to grant interim or ex parte relief under the statute.“Under Section 20 of the D.V. Act, an aggrieved wife is entitled to monetary relief, including...

J&K High Court Upholds Decision To Scrap Recruitment, Says Process Cannot Be Salvaged By Separating Tainted & Untainted Candidates

The Jammu & Kashmir High Court upheld the government's decision to scrap the selection process for Class IV/MTS posts in a district, citing serious irregularities in the procedure.A bench of Justices Sanjay Parihar and Sanjeev Kumar set aside the judgment passed by the Tribunal which had interfered with the government's decision, observing that the selection was “neither fair...

J&K High Court Dismisses Challenge To Tral Link Road Project, Says Judicial Restraint Is Crucial In Areas Requiring Technical Expertise

“Judicial restraint is especially warranted where the subject-matter requires specialized knowledge, such as the alignment of highways or public roads, which is fundamentally a matter of technical feasibility and infrastructural prudence,” observed Justice Wasim Sadiq Nargal of the High Court of Jammu & Kashmir and Ladakh while dismissing a petition against the construction of a...

J&K High Court Orders Compensation Of Over ₹11 Lakhs For Death Due To Falling 11,000 KV Supply Wire, Says Negligence Of Power Dept Is Presumed

The Jammu & Kashmir High Court upheld the writ court's finding of negligence on the part of the Power Development Department in the electrocution death of a 45-year-old man, holding that such hazardous activities attract presumed negligence, especially when no contrary material is brought on record by the department.A Division Bench of Justice Sanjay Parihar and Justice Sanjeev...

[Prevention Of Corruption Act] Violating Provision For Prior Approval In Initial Probe Does Not Vitiate Entire Process: J&K High Court

The Jammu and Kashmir High Court has refused to quash an FIR registered under the Prevention of Corruption Act against certain public officials, despite acknowledging that the initial phase of investigation was conducted without the mandatory prior approval under Section 17A of the PC Act.A bench of Justice Sanjay Dhar held that violation of Section 17A in the initial phase of investigation...

Notification For Vacancies Only An Invitation To Apply, Not A Guarantee Of Appointment: J&K High Court

Reiterating the legal position that a candidate does not acquire an indefeasible right to appointment merely by participating in the recruitment process, the High Court of Jammu and Kashmir and Ladakh dismissed a writ petition filed by Sushant Khajuria, an unsuccessful aspirant for the post of Probationary Officer (PO) in Jammu and Kashmir Bank.Quoting the Supreme Court, Justice Javed Iqbal...