Executing Court Cannot Shirk Duty To Decide Objections Of Third Parties Even If They Weren't Party To Original Suit: J&K&L High Court

Reinforcing the duties of executing courts, the High Court of Jammu and Kashmir and Ladakh at Jammu has held that an executing court cannot decline to determine the merits of an objection raised by a person resisting execution of a decree merely on the ground that such objector was not a party to the original proceedings or decree.A bench of Justice Sanjay Dhar observed that under Section 47...

Filing Of Final Report No Bar To Granting Anticipatory Bail: J&K&L High Court

In a significant order clarifying the scope of anticipatory bail under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023), the Jammu & Kashmir High Court has held that the filing of a final report (challan) before the competent court does not bar the grant of absolute anticipatory bail.A bench of Justice Mohd Yousuf Wani observed that compelling an accused to seek regular bail after...

No Employee, Including Retirees, Has Vested Right To Perpetually Reap Benefits Of Employer's Mistake Of Erroneous Payments: J&K HC

A Division bench of the Jammu & Kashmir High Court comprising Justice Sanjeev Kumar and Justice Sanjay Parihar held that recovery of erroneously paid benefits from retired low-level employees is impermissible, but correction of future pay/pension is allowed. Further that no employee, including one who has superannuated, possesses a vested right to perpetually reap the benefits...

J&K Reservation Rules | Reservation For Children Of Defence Personnel Is Horizontal, Not Compartmentalised: High Court

Clarifying the nature of reservation extended to wards of defence personnel, the High Court of Jammu and Kashmir and Ladakh has held that the three percent (3%) reservation provided to Children of Defence Personnel (CDP) under the Jammu and Kashmir Reservation Rules, 2005, is an overall horizontal reservation and not a compartmentalized horizontal reservation.“… three percent (3%)...

Payment Of Wages Act Operates Independently Of Limitation Act, Mandatory Preconditions For Appeals Must Be Fulfilled: J&K&L High Court

Reinforcing the autonomy of special legislations, the High Court of Jammu & Kashmir and Ladakh at Jammu, has ruled that the Limitation Act is not applicable to proceedings under the Payment of Wages Act, as the latter is a self-contained legislation that not only lays down the manner and mode of appeal but also the conditions precedent for its maintainability.“Section 17 of the Payment...

No Salary Payable For Period Of Unauthorized Absence During Higher Studies Without Official Deputation: J&K HC

A Division bench of the Jammu and Kashmir High Court comprising Justice Sanjeev Kumar and Justice Sanjay Parihar held that Post-graduate studies pursued without official deputation or permission do not entitle government employees to salary under Article 44-A of J&K Civil Service Regulations, 1956. Background Facts The respondents were appointed as Assistant Surgeons and...

General Clauses Act | Notice Is Deemed To Be Served Once Properly Addressed & Dispatched: J&K&L High Court Reiterates

The High Court of Jammu & Kashmir and Ladakh has upheld the dismissal of a Border Security Force (BSF) Constable while reaffirming that once a notice is properly addressed and dispatched by registered post, it is deemed to have been duly served under Section 27 of the General Clauses Act, 1897. The burden lies on the addressee to prove non-receipt, and courts cannot presume non-service...

J&K&L High Court Declines Interim Relief Against Forfeiture Of 25 Books For Allegedly Propagating Secessionism, Issues Notice

The Jammu & Kashmir and Ladakh High Court on Monday (October 13) denied interim relief in pleas challenging the forfeiture of 25 books under Section 98 BNS for allegedly propagating secessionism.A three-judge special bench comprising of Chief Justice Arun Palli, Justice Rajnesh Oswal and Justice Shahzad Azeem declined interim relief, but issued notice on the pleas. The bench,...

Disciplinary Proceedings Post-Retirement Invalid; Pension Recovery Permissible Only If Charge Of Loss By Fraud Is Proved During Service: J&K HC

A Division bench of the Jammu & Kashmir High Court comprising Justice Sanjeev Kumar and Justice Sanjay Parihar held that disciplinary proceedings cannot be initiated against a government servant after retirement, and recovery from pension is permissible only when a specific charge of financial loss to the Government due to negligence or fraud is duly framed...

[S.6 CGST Act] J&K&L High Court Upholds GST Show Cause Notices Based On Intelligence Inputs

The Jammu & Kashmir and Ladakh High Court has held that intelligence-based enforcement actions can be initiated by either the Central or the State tax authorities, irrespective of taxpayer assignment, and such actions do not require a separate notification for cross-empowerment.The court dismissed a batch of writ petitions filed by several companies challenging show cause notices issued...

Woman Cannot Claim Maintenance From Live-In Partner Whom She Accused Of Rape, No Husband-Wife Relationship: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has upheld the order of the Principal Sessions Judge, Kathua, which set aside the trial Magistrate's order granting interim maintenance to a woman petitioner who had been in a live-in relationship with the respondent. The respondent had been convicted under Section 376 IPC on her complaint.A bench of Justice Vinod Chatterji Koul noted that...

Even Criminal Can Sell His Land; Revenue Proceeds Cannot Be Withheld Merely Due To Pending Case: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court held that pendency of a criminal case against a person cannot be a ground to deny them the right to sell their immovable property, observing that “even a criminal has a right to sell his land.”A bench of Justice Sanjay Dhar made the observation while disposing of a petition filed by Arun Dev Singh, who had approached the court after...