Jammu & Kashmir High Court Permits Minor Rape Victim To Medically Terminate 30 Weeks Old Pregnancy

The Jammu and Kashmir and Ladakh High Court recently allowed the medical termination of a 30 week unwanted foetus, observing that while exercising the powers under Article 226 of the Constitution, a Constitutional Court has got wider powers than what is prescribed under Section 3(2) of the MTP Act of 1971.The directions were passed by Justice Sanjay Dhar while hearing a plea filed by a...

S.25F ID Act Not Complied: Jammu & Kashmir High Court Says Acceptance Of Compensation Won't Estop Workmen From Challenging Retrenchment

The Jammu and Kashmir and Ladakh High Court recently ruled that in cases where there is a failure on the part of an employer to abide by the prescription of Section 25 of the Industrial Disputes Act 1947, the application of doctrine of Estoppel cannot lie against the employee who accepted compensation, while challenging his retrenchment order.A bench comprising Justices Rajnesh Oswal and...

Jammu & Kashmir High Court Applies "Doctrine Of Piercing Through Veil" To Ascertain If Employee's Termination Is Punitive, Stigmatising

The Jammu and Kashmir and Ladakh High Court recently ruled that merely because a termination order is worded in the simplest form, it can’t be not stigmatizing and in such cases, the doctrine of piercing through the veil is to be applied, to ascertain the real intent behind such termination.The observations were made by Justice Wasim Sadiq Nargal while deciding a bunch of petitions in terms...

J&K&L High Court Weekly Round-Up: March 13 To March 19, 2023

Nominal IndexReema Arora & Ors Vs Law Enforce Inspector (Fertilizer) 2023 LiveLaw (JKL) 51Rajana Devi Vs State of J&K &Ors 2023 LiveLaw (JKL) 52Abdul Khaliq Rather Vs State of J&K & Ors 2023 LiveLaw (JKL) 53New India Assurance Co. Ltd Vs Anita Devi and others 2023 LiveLaw (JKL) 54Mukhtar Ahmad Andrabi Vs UT of J&K & Ors 2023 LiveLaw (JKL) 55National Insurance...

Revisional Powers U/S 102 Juvenile Justice Act Vested With High Court, Cannot Be Exercised By Sessions Court/ Children’s Court: Jammu & Kashmir HC

The Jammu and Kashmir and Ladakh High Court has made it clear that a Sessions Court or a Children’s Court cannot entertain a revision petition against the order of Juvenile Justice Board.Justice Sanjay Dhar observed that the power of revision under Section 102 of the Juvenile Justice Act is vested with the High alone. "No such power is vested with the Court of Sessions or Children’s...

Once Magistrate Seeks Preliminary Report On Allegations Made In Application U/S 156(3) CrPC, Police Cannot Straightaway Lodge FIR: Jammu & Kashmir HC

The Jammu and Kashmir and Ladakh High Court recently observed that when a Magistrate directs a preliminary enquiry under Section 156(3) CrPC and the police without reporting back to the Magistrate straightway goes on to file an FIR without any direction thereto, the same amounts to usurpation of the powers of the Magistrate.The observations were made by Justice Sanjay Dhar while hearing a plea...

Facilitating Question Paper Leak In Competitive Exam More Heinous Than Murder: Jammu & Kashmir HC Refuses Bail To BSF Officer In SI-Recruitment Scam

The Jammu and Kashmir and Ladakh High Court on Wednesday rejected the bail application of a BSF officer, alleged to be the main accused in the J&K Service Selection Board Police sub-inspector recruitment scam case observing that grant of bail in economic offences which affect a larger section of the society on the mere fact that the offence with which an accused is charged does not carry...

Insurance Company Not Liable To Unauthorised Passengers Traveling In Offending Vehicle, Pay & Recover Principle Not Applicable: J&K High Court

The Jammu and Kashmir and Ladakh High Court has observed that once it is shown that deceased/injured persons were traveling as unauthorised passengers in an offending vehicle and their risk is not covered under the terms insurance policy, the insurer cannot be saddled with the liability to compensate them and even the principle of 'Pay and Recover' will not be attracted.Justice Sanjay Dhar...

No Absolute Bar On Citizens To Invoke Writ Jurisdiction In Contractual Matters With State: Jammu & Kashmir High Court

The Jammu and Kashmir and Ladakh High Court recently ruled that in matters of contractual dispute with the State and its instrumentalities there is no absolute bar to exercise the writ jurisdiction and the High Court should take a holistic view and make a determination as to whether it would be proper to exercise its writ jurisdiction.Justice Wasim Sadiq Nargal observed,"There has been...

Compulsory Risks In Insurance Automatically Transferred To Transferee Of Vehicle Even When Certificate Of Insurance Not Transferred: Jammu & Kashmir High Court

The Jammu and Kashmir and Ladakh High Court has recently ruled that whoever may be the actual owner of the motor vehicle at the time of the accident, compulsory risks covered under the policy of insurance get automatically transferred to the transferee of a vehicle even though certificate of insurance has not been transferred in his favour.The observations were made by Justice Sanjay Dhar...

S.7 Migrant Immovable Property Act Requiring Surrender Of Property To Prefer Appeal Against Eviction In Tune With Peculiar Conditions Of J&K: High Court

The Jammu and Kashmir and Ladakh High Court recently ruled that the condition to surrender the property for preferring an appeal under Section 7 of the Migrant Immovable Property Act 1997 against eviction order, was necessitated by the peculiar situation prevailing in the Union Territory of Jammu and Kashmir.The bench comprising Justices Rajnesh Oswal & Mohan Lal observed, "This...

Can Passport Officer Insist On Father's Consent Where Mother Holds Exclusive Custody Of Minor: Jammu & Kashmir High Court To Examine

The Jammu & Kashmir & Ladakh High Court has recently issued notice to the Union of India through Regional passport office on a plea raising question as to whether the Regional Passport Officer can insist on mentioning father's name on the passport of a minor, particularly when the mother of the minor applicant is legally divorced and enjoys exclusive custody of the applicant...