Treating Employee's Absence As 'Dies-Non' A Penalty Measure, Cannot Be Imposed Without Affording Hearing: J&K High Court

The Jammu and Kashmir and Ladakh High Court has ruled that a period of willful absence from duty can be treated as 'Dies-Non', but such a measure of penalty cannot be imposed without conducting a fair enquiry and affording the concerned employee an opportunity to be heard.For the period declared as 'Dies Non', an employee would not be eligible for allowance nor would it be counted for...

Jammu & Kashmir And Ladakh High Court Weekly Roundup: December 25 - December 31, 2023

Nominal Index:UT of J&K Vs X 2023 LiveLaw (JKL) 326Feroz Ahmed Sheikh Vs Union Territory of J&K 2023 LiveLaw (JKL) 327Union of India Vs Jagjeet Kour 2023 LiveLaw (JKL) 328University of Kashmir through Registrar V/s Prof. Gh. Nabi Sidiqi and Ors 2023 LiveLaw (JKL) 329Ghulam Qadir Bhat and another V/s U.T of J&K and others 2023 LiveLaw (JKL) 330Judgments/Orders:S. 22 POCSO Act|...

Labour Commissioner Competent To Review Ex-Parte Awards Passed Under Workmen's Compensation Act: J&K High Court

The Jammu and Kashmir and Ladakh High Court has recently held that a Labour Commissioner is competent to review his ex-parte orders, while hearing an application to set aside such ex-parte award.A bench of Justice M.A Chowdhary clarified that given the applicability of Order IX Rule 13 of the Code of Civil Procedure(CPC), as provided under Rule 31 of the J&K Workmen's Compensation Rules...

No Binding Contract in Tender Participation, Process Cancellable Before Acceptance Letter Is Issued: J&K High Court

Upholding the cancellation of a controversial sheep/goat procurement tender by the Sheep Husbandry Department, the Jammu and Kashmir and Ladakh High Court has ruled that merely by participating in the tender, no right is created in favour of the bidder and the tenderer cannot be precluded from its option to cancel the tendering process on any grounds.A bench of Justice Sindhu Sharma has...

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

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.Justice Javed Iqbal Wani, delivering the judgment, emphasized that appeals, second appeals, and suits are interconnected steps in a unified legal pursuit of justice. Hence an appellate...

Jammu And Kashmir And Ladakh High Court Monthly Digest: December 2023

Nominal Index:Building Operation Controlling Authority Vs Vikas Gupta 2023 LiveLaw (JKL) 302Members of Saini Community Th. Suksham Singh Vs UT of J&K 2023 LiveLaw (JKL) 303Mehmooda Vs State of J&K 2023 LiveLaw (JKL) 304The New India Assurance Co. Ltd Vs Safder Ali 2023 LiveLaw (JKL) 305Subash Choudhary Vs J&K Special Tribunal Jammu 2023 LiveLaw (JKL) 306NADEEM UR REHMAN &...

Jammu and Kashmir and Ladakh High Court Annual Digest 2023: Part II [Citations 151 - 330]

Nominal Index:Raja Sajad Ahmad Wan Vs State of J&K 2023 LiveLaw (JKL) 151M/s Best Crop Science Industrial Area Versus Union of India 2023 LiveLaw (JKL) 152Mahant Subash Shah Vs Kabir Singh & Anr 2023 LiveLaw (JKL) 153State of J&K Vs Davinder Kumar & Ors 2023 LiveLaw (JKL) 154State (now UT) of J&K Vs Bashir Ahmad 2023 LiveLaw (JKL) 155Shukal Singh Vs v/s G.M.,...

'Sufficient Cause' In Limitation Act Can't Be Liberally Construed For Govt Departments : J&K High Court

The Jammu and Kashmir and Ladakh High Court has held that the expression "sufficient cause" in Section 5 of the Limitation Act cannot be liberally construed just because a government department is seeking condonation of delay.The court emphasized that government departments are equally bound by the law of limitation and must provide cogent and plausible explanations for delays.Justice Javed...

Jammu and Kashmir and Ladakh High Court Annual Digest 2023: Part I [Citations 1-150]

Nominal Index:Gulshan Nazir Vs Union of India 2023 LiveLaw (JKL) 1M/S Aisha Construction Vs JKCA 2023 LiveLaw (JKL ) 2Manzoor Ahmad Mir Vs UT of J&K 2023 LiveLaw (JKL) 3Godrej Consumer Products Limited Versus Union of India 2023 LiveLaw (JKL) 4Mst Zaiba Vs Ghulam Ahmad Zargar & Ors 2023 LiveLaw(JKL) 5Zahid Nabi Khan Vs UT of J&K 2023 LiveLaw (JKL) 6Khazir Mohammad Naikoo Vs UT...

Contractual Employees Can't Be Terminated Without A Fair Hearing When Dismissal Order Is Stigmatic: J&K High Court

The Jammu and Kashmir and Ladakh High Court has ruled that even contractual appointments cannot be terminated without affording an opportunity for a hearing if the termination is based on allegations of misconduct that cast a stigma on the employee.Addressing the disengagement of employees from the J&K Handicrafts Corporation Justice M A Chowdhary observed,“If an order is founded...

S. 22 POCSO Act| Child Can't Be Prosecuted For Perjury For False Allegations Of Rape: J&K High Court

Emphasising the protection of minors in cases involving false allegations of rape the Jammu and Kashmir and Ladakh High Court has held that a minor cannot be prosecuted for perjury for making false allegations of rape.Citing Section 22 of the Protection of Children from Sexual Offences Act (POCSO) Act, protecting children from punishment for false information Justice Rajesh Oswal...

J&K And Ladakh High Court Seeks Union Finance Ministry's Response On Establishing GST Appellate Tribunal In The Region

The High Court of Jammu and Kashmir and Ladakh has directed the Ministry of Finance, Government of India, to respond to a Public Interest Litigation (PIL) plea urging the establishment of the Goods and Services Tax (GST) Appellate Tribunal in the region.The PIL was prompted by the court's recognition of the challenges faced by litigants due to the absence of the GST Appellate Tribunal in...