CAG Report Can't Impose Financial Liability Without Due Adjudication: J&K High Court Quashes FCI's Recovery Against Flour Mills

The Jammu and Kashmir and Ladakh High Court has ruled that even if a report of the Comptroller and Auditor General of India (CAG) is considered to possess some evidentiary value, it can at best serve as an indication of possible irregularities and cannot be treated as conclusive proof to impose financial liability.“The CAG, being a constitutional audit authority, is not vested with...

Criminal Court Must Be Fully Satisfied Regarding Accused's Abscondence Before Invoking S.299 CrPC: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has quashed a trial court order invoking Section 299 of the CrPC, 1973 (now Section 335 BNSS) against a petitioner accused, holding that the provision cannot be triggered casually on the mere request of the Investigating Officer.The court noted that the trial court acted merely on the statements of the Investigating Officer and a constable...

Constitution Bars Preference To Either Parent In Custody Disputes Merely Based On Their Gender: J&K&L High Court

Reinforcing the constitutional guarantee of equality and non-discrimination, the Jammu and Kashmir and Ladakh High Court has held that in matters of custody of a minor child, neither the father nor the mother can claim preference merely on the ground of gender.Justice Javed Iqbal Wani, while allowing an appeal filed by a mother challenging the grant of custody to the father, observed...

Police Officer Cannot Justify Absence From Duty On Grounds Of 'Militant Threat': J&K&L High Court

The Jammu & Kashmir and Ladakh High Court ruled that a police official cannot justify remaining absent from duty for 19 years merely on the plea of militant threats. The Court observed that such prolonged absence, especially without any supporting evidence, amounts to misconduct and is unbecoming of a member of the police force.A Division Bench of Chief Justice Arun Palli and Justice...

Appellate Court Can Enhance Accident Compensation Under Order 41 Rule 33 CPC Even Without Cross Appeal By Claimants: J&K&L High Court

The Jammu & Kashmir and Ladakh High court held that in motor accident claim appeals, the High Court is empowered to modify and enhance compensation even in the absence of a cross-appeal or cross-objection by the claimants, if the award of the Claims Tribunal is found to be on the lower side.A bench of Justice Sanjay Dhar observed that the Claims Tribunal is under a duty to award “just...

Delay In Deciding Voluntary Retirement Request Can't Deprive Employee Of Pensionary Benefits: J&K HC

A Division bench of the Jammu and Kashmir High Court comprising Justice Sanjeev Kumar and Justice Sanjay Parihar held that non-decision on Voluntary Retirement request cannot deprive an employee of pensionary benefits post-retirement. Background Facts The respondent was appointed as Agriculture Extension Officer in the Department of Agriculture on 31.12.1983. He applied for leave...

'Absurd & Malicious': J&K&L High Court Quashes Allegations Of Assault, Outraging Modesty By Woman Against 85-Yr-Old Father-In-Law

The Jammu & Kashmir and Ladakh High Court has quashed an FIR lodged by a daughter-in-law against her 85-year-old father-in-law and two brothers-in-law, holding that the allegations were “absurd, inherently improbable and actuated with malice” and that a civil property dispute had been given a “criminal texture” to wreak vengeance.A bench of Justice Rajesh Sekhri...

“No Unsafe Food Items To Enter J&K": High Court Orders Crackdown On Rotten Meat & Adulterated Products

The Jammu & Kashmir High Court directed the Inspector Generals of Police, Jammu and Kashmir Divisions, and the Commissioner, Food Safety and Controller, Drugs and Food Control Organization, UT of J&K, to ensure that “no unsafe food, in terms of the Food Safety and Standards Act, 2006, is funnelled into the Union Territory of Jammu & Kashmir.”A bench comprising Chief Justice...

Retirement Age Of Cooperative Society Employees Can Be Increased Only Through Statutory Amendment, Not Departmental Proposals: J&K HC

A Division bench of the Jammu and Kashmir High Court comprising Justice Sindhu Sharma and Justice Shahzad Azeem held that retirement age of employees of Cooperative Societies remains 58 years as per SRO 233 of 1988, and it can only be altered through formal amendment of statutory rules, not by departmental recommendations, proposals, or draft amendments. Background Facts...

Unauthorized Absence In Uniformed Force Beyond 60 Days Constitutes Desertion & Justifies Dismissal From Service: Jammu &Kashmir High Court

A Division bench of the Jammu &Kashmir High Court comprising Justice Sindhu Sharma and Justice Shahzad Azeem held that a member of a disciplined force who fails to report for duty after expiry of leave and remains absent for a prolonged period without sufficient cause can be declared a “deserter,” and dismissal from service under Section 11(1) of the CRPF Act, 1949 read with Rule...

Advocate Entitled To Absolute Licence Of Practice If Application Was Filed Before Joining Govt Service: J&K&L High Court

The Jammu & Kashmir High Court has quashed the cancellation of a provisional licence of an advocate who was denied an absolute licence on the ground that he later joined government service as a Prosecuting Officer. A Division Bench of Justice Javed Iqbal Wani and Justice Moksha Khajuria Kazmi held that when an advocate has already applied for an absolute licence, the delay of the...

Engagement On Academic Arrangement Basis Is A Distinct Class, Not Eligible For Regularization Under J&K Civil Services Act: High Court

The Jammu & Kashmir High Court held that lecturers engaged on academic arrangement basis constitute a separate class distinct from those appointed on ad hoc, contractual or consolidated basis against clear vacancies, and are therefore not eligible for regularization under the J&K Civil Services (Special Provisions) Act, 2010.A Division Bench of Justice Sanjeev Kumar and Justice...