Disciplinary Authority Must Show "Wilful" Absence To Terminate Employee: Jammu & Kashmir High Court Sets Aside CRPF Constable's Termination

Reinstating a CRPF constable, the Jammu and Kashmir and Ladakh High Court has recently ruled that the Disciplinary Authority must prove that an employee's unauthorized absence from duty was willful before it can be considered as misconduct and lead to termination.Justice Wasim Sadiq Nargal made these observations while hearing a plea in which the petitioner challenged his order of termination...

Judges Should Write Judgments For Understanding Of Litigants, Not Higher Courts: Jammu & Kashmir High Court CJ N Kotiswar Singh

The Jammu and Kashmir Judicial Academy organized a one day interactive programme on “order/judgment writing, application of the law, sharing best practices and finding solutions to practical problems faced by them in justice delivery” for Civil Judges (Junior Division) of Kashmir Province.The programme inaugurated by High Court Chief Justice and Patron-in-Chief of J&K Judicial...

Article 144 | Police Force Bound By Supreme Court's Decisions To Protect Marital Freedom Of Consenting Adults: Jammu & Kashmir High Court

Highlighting Article 144 of the Constitution which mandates all government authorities to abide Supreme Court decisions, the Jammu and Kashmir High Court recently came to the rescue of an adult woman apprehending life threat for marrying a person of her choice.Justice Rahul Bharti observed,"Article 144 of the Constitution of India mandates all Authorities, Civil and Judicial, in the territory...

Jammu & Kashmir & Ladakh High Court Quarterly Digest: January - March 2023

Nominal Index [Citations 1 - 71]: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 Vs UOI 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...

Allegation Of Corrupt Practices Against Public Servant Can't Be Considered Defamatory Without Proving Malice: Jammu & Kashmir High Court

Quashing a complaint involving allegations of defamation against a Senior Office Bearer of a Public Sector Corporation for writing a letter to the Governor of Jammu and Kashmir highlighting acts of omission and commission in the J&K Project Construction Corporation, the Jammu and Kashmir and Ladakh High Court has recently observed that every citizen has a right to comment on those acts...

"Can't Travel Beyond Original Judgment": Jammu & Kashmir HC Rejects Contempt Plea Against Health Dept For Excluding AYUSH Doctors From Performance Incentives

The Jammu and Kashmir and Ladakh High Court recently refused to initiate contempt action against officials of National Rural Health Mission (NRHM) for exclusion of AYUSH doctors from grant of performance based incentives offered to MBBS doctors.The contempt plea was based on a 2014 judgment of the High Court holding that doctors under AYUSH system and MBBS doctors serve similar roles and...

Jammu & Kashmir High Court Quashes 2022 Village Defence Guard Scheme To The Extent It "Denudes" SPOs Of Their Status & Privileges Under Old Scheme

The Jammu and Kashmir and Ladakh High Court recently quashed the Village Defence Group Scheme-2022 issued by the Government to the extent it has the effect of denuding the petitioners (heads of the Village Defence Groups) of their status as SPOs (Special Police Officers) and the power and privileges conferred on them by the Village Defence Group Scheme-1995.A bench comprising Justice...

[S.138 NI Act] Magistrate Has Judicial Discretion To Dispense Personal Appearance Of Accused: Jammu & Kashmir High Court

The Jammu and Kashmir and Ladakh High Court has made it clear that a Magistrate dealing with a complaint under Section 138 of the Negotiable Instruments Act can waive personal appearance of the accused, if it finds that insistence of his personal appearance would itself inflict enormous suffering or tribulations to the accused.Justice Javed Iqbal Wani observed,"Such discretion needs...

Succession Certificates Under Indian Succession Act 1925 Do Not Confer Any Titles: Jammu & Kashmir High Court Explains

The Jammu and Kashmir and Ladakh High Court has recently ruled that the proceedings for grant of a succession certificate under the Indian Succession Act 1925 are of summary nature and do not confer any title to the amount in favour of the certificate holder.The observations to this effect were made by Justice Javed Iqbal Wani while hearing an appeal filed in terms of section 384 of the...

Proceedings Before Mediator Confidential, Parties Can't Be Compelled To Abide By Offers Made During Negotiations: Jammu & Kashmir High Court

The Jammu and Kashmir and Ladakh High Court has reiterated that proceedings conducted before a Mediator are confidential in nature and the parties cannot be compelled to abide by what was offered by them during the negotiations before the Mediator. A bench of Justice Sanjay Dhar made these observations while hearing petitions under Article 227 of Constitution through the medium of...

NDPS Act | Prosecutor Is Independent Statutory Authority, Must Apply Independent Mind To Justify Extension For Investigation: Jammu & Kashmir High Court

The Jammu and Kashmir and Ladakh High Court has recently observed that a Public Prosecutor, being an independent statutory authority, is expected to apply his independent mind to the material produced before him by the Investigating Agency and thereafter take a decision as to whether or not extension of time for completing the investigation is justified in the facts and circumstances of...

Magistrate Can Order Second Inquiry U/S 202 CrPC Into Unexplored Allegations In Complaint: Jammu & Kashmir High Court

The Jammu and Kashmir and Ladakh High Court recently ruled that a Magistrate is well within his jurisdiction to order an in depth enquiry under Section 202 CrPC, if the first report submitted by the enquiry officer lacks enquiry into certain allegations levelled in the complaint.The observations were made by Justice Rajnesh Oswal while hearing a plea in terms of which the petitioner had...