High Court of J & K and Ladakh
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...
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...
Investigating Agencies May Seize Passport But Not Impound It: Jammu & Kashmir High Court
Distinguishing between the powers of the police and the Passport Authority with regard to the seizing and impounding of passports, the Jammu and Kashmir and Ladakh High Court has clarified that while the police may seize a passport under Section 102 of the CrPC, the impounding can only be done by the Passport Authority under Section 10(3) of the Passports Act.The observations were made by...
Jammu and Kashmir and Ladakh High Court Weekly Roundup November 13 - November 20, 2023
Nominal Index:Nadeem Ur Rehman Vs UT of J&K 2023 LiveLaw (JKL) 284Director, Estates Department, Jammu Vs Avtar Krishan 2023 LiveLaw (JKL) 285Kewal Krishan Vs Financial Commissioner ACS Home Department and ors 2023 LiveLaw (JKL) 286Executive Engineer, Dal Lake Division-I Vs Mousvy Industries Budgam 2023 LiveLaw (JKL) 287DR. INSHA ABID Vs UNION OF INDIA & ORS 2023 LiveLaw (JKL)...
NEET PG - Candidates Taking Seat In 3rd Round AIQ Counselling Can't Withdraw Or Participate In Further Rounds : J&K&L High Court
Affirming the irrevocable nature of the third round of counselling under the All India Quota for NEET-PG admissions, the Jammu and Kashmir and Ladakh High Court has on ruled that candidates who secure a seat in the third round of counselling under the All India Quota are prohibited from withdrawing or participating in any subsequent counselling rounds.Spotlighting Clause 1.5 of Chapter 1 of...
Order 20 Rule 16 CPC | Not Mandatory To Pass Preliminary Decree In Every Suit For Accounts: J&K High Court
Elucidating the application of Order 20 Rule 16 of the Civil Procedure Code (CPC), the Jammu and Kashmir and Ladakh High Court has ruled that the Court is not mandated to pass a preliminary decree before a final decree in every suit for accounts. Instead, the decision depends on the unique facts and circumstances of each case, it clarified.Order 20 Rule 16 of the Code relates to suits...