Payment of Compound Interest Under MSMED Act Supersedes All Agreements And Laws: J&K High Court

Underscoring the statutory nature of compound interest under Section 16 of the MSMED Act, the Jammu and Kashmir and Ladakh High Court has ruled that the payment of compound interest under this section is mandatory and the same supersedes any conflicting terms in contracts or existing laws.A bench of Justice Sanjeev Kumar observed,“This condition of payment of compound interest on failure...

Can't Convict Drug Manufacturer Twice For Same Violation Even If Substandard Drug Samples Lifted From Different Places: J&K High Court

Delivering a sigh of relief for a pharmaceutical company caught in the double-bind of double jeopardy, the Jammu and Kashmir and Ladakh High Court has said that the mandate of Section 300 of CrPC read with Article 20 (2) of the Constitution of India clearly instructs that person once convicted or acquitted for the commission of offence cannot be tried subsequently for the same offence.In...

'No Vested Right To Continue': J&K High Court Denies Relief To Contractual Doctor Seeking Service Extension Post COVID Hospitals Closure

The Jammu and Kashmir and Ladakh High Court has ruled against a petition filed by 116 doctors and medical staff who sought to continue their services at temporary Covid hospitals even after they were closed down.Dismissing their plea for seeking an extension of their services Justice MA Chowdhary observed,“The contractual employment has no vested right to continue and it is not open for...

Necessary To Read S. 37 NDPS Act Subject To Fundamental Right To Life & Liberty Guaranteed U/Article 21: J&K High Court

In a delicate balancing act, the Jammu and Kashmir and Ladakh High Court has upheld the stringent bail restrictions of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, but crucially acknowledged the fundamental right to a speedy trial enshrined in Article 21 of the Constitution.Emphasising the necessity to interpret Section 37 of the NDPS Act in harmony with the fundamental right...

Unexplained Delay In Detention Order Execution Raises Doubt On Detaining Authority's Subjective Satisfaction: J&K High Court

Upholding basic rights and safeguards against arbitrary detention, the Jammu and Kashmir and Ladakh High Court has quashed a detention order of a detenue citing an unexplained delay in executing the order as casting doubt on the detaining authority's genuine concerns.Allowing a Habeas Corpus petition Justice Sanjay Dhar observed,“When there is an unsatisfactory and unexplained delay...

Jammu and Kashmir and Ladakh High Court Weekly Roundup December 11 - December 17, 2023

Nominal Index:Asif Sultan Saida Vs Union Territory of J&K and anr 2023 LiveLaw (JKL) 312Dr. Sandeep Mawa Vs U.T. of Jammu & Kashmir 2023 LiveLaw (JKL) 313Inderjeet Khajuria Vs State Of J&K 2023 LiveLaw (JKL) 314Bari Shah Vs UT of J&K 2023 LiveLaw (JKL) 315Jamsheed Haroon and Another 2023 LiveLaw (JKL) 316SMT. RANJEET KOUR Vs. STATE OF J&K & ORS 2023 LiveLaw (JKL)...

'Can't Stall Public Importance Projects Halfway': J&K High Court Upholds Sanitation Contracts To Sulabh Int'l Society Sans Inviting Tenders

The Jammu & Kashmir and Ladakh High Court has upheld the allotment of sanitation contracts to a renowned NGO, Sulabh International Social Service Organization (SISSO), without inviting tenders.A division bench of Justices Tashi Rabstan and Rahul Bharti has observed that the allotment of contracts is not always bound by a tendering process and can be granted through negotiations,...

Maternity Leave Doesn't Result Or Reduction In Total Service Rendered: J&K High Court Upholds 6 Bankers' Promotion Rights

The Jammu and Kashmir and Ladakh High Court on Wednesday ruled that while on an approved leave of any nature, whether maternity leave or otherwise, any employee is to be considered as being in active service.Justice Sanjeev Kumar clarified that the act of taking leave, irrespective of its kind, does not constitute a break in service nor does it lead to a reduction in the overall length of...

J&K High Court Directs UOI To Pay 2.5 Crores As Rental Compensation To Displaced Persons Whose Land Was 'Illegally' Occupied By Indian Army

Upholding the Constitutionality of property rights, the Jammu and Kashmir and Ladakh High Court on Thursday directed the Union of India to pay a staggering Rs. 2.49 crore in rental compensation to 24 families of Displaced Persons (DPs) whose land was illegally occupied by the Army for over four decades.A bench of Justice Wasim Sadiq Nargal observed,“The state in exercise of its power...

Res Judicata| Contempt Court Sole Authority To Rule On Judgment Adherence, Subsequent Litigation On Same Issue Impermissible: J&K High Court

The High Court of Jammu and Kashmir and Ladakh has determined that the Contempt Court possesses the authority to adjudicate on whether a judgment of the Court has been adhered to. Once the Contempt Court has rendered a decision on the merits of such a question, it is not permissible for a party to reintroduce the same issue in a subsequent lawsuit or any other proceeding.A bench of Justice...

J&K High Court Quashes FIR For Offence of Triple Talaq Owing To Compromise Between Parties

Upholding the power of compromise in matrimonial disputes, the Jammu & Kashmir High Court has quashed an FIR filed under the Muslim Women (Protection of Rights on Marriage) Act, 2019, for the offence of triple talaq. Justice Sindhu Sharma, in a nuanced order, recognised the settlement reached between the couple and the potential for further injustice if the criminal...

'Gap Of 3.5 Yrs Between Last 'Illegal' Activity & Detention Order': J&K High Court Quashes Detention Of Alleged Bovine Smuggler

The Jammu and Kashmir and Ladakh High Court has quashed the detention order of a man accused of bovine smuggling, citing a lack of live link between his alleged past activities and the present detention, and a long delay of over three and a half years in passing the order. Justice Rajnesh Oswal also acknowledged the Detenue's willingness to furnish an undertaking with the District Magistrate...