Obtaining Passport Is Constitutional Right, Citizens Not Required To Prove 'Need' For Foreign Travel: J&K&L High Court

Reaffirming that the right to hold a passport flows directly from a citizen's fundamental right to personal liberty, the High Court of Jammu and Kashmir and Ladakh has held that no individual is required to demonstrate any compelling or urgent need for travelling abroad in order to obtain a passport or a No Objection Certificate (NOC).Justice Sanjay Dhar made this significant observation...

Employee Cannot Claim Wages Of Higher Post Merely Because He Is Qualified To Perform Such Tasks: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has held that an employee cannot claim wages of a higher category merely because he is qualified or capable of performing duties associated with that post.The Court clarified that wages are attached to the post held and not to the qualifications possessed by the employee.The Court was hearing a petition challenging the rejection of a claim for...

Proceedings Under Domestic Violence Act Not Akin To Criminal Prosecution, Magistrate Can Drop Or Revoke Process: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has clarified that proceedings under Section 12 of the Protection of Women from Domestic Violence Act, 2005, are not to be equated with the filing of a criminal complaint or initiation of prosecution.The High Court explained that once the trial Magistrate obtains a response from the husband or his relatives, he is empowered to revoke the issuance...

Illegal Acts Committed As Juvenile Cannot Form Basis For Preventive Detention: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh has held that allegations relating to illegal acts committed when a person was a juvenile cannot legally justify a subsequent detention order under the J&K Public Safety Act, 1978.The Court was hearing an intra-court appeal filed against the dismissal of a habeas corpus petition challenging the detention of a 20-year-old under Section 8 of...

Stay Of Disciplinary Inquiry Is Only To Prevent Prejudice, Cannot Be Grounds For Indefinite Delay: J&K High Court

Emphasising that departmental proceedings should not be unduly delayed, the High Court of Jammu & Kashmir and Ladakh has held that a disciplinary inquiry cannot be indefinitely kept in abeyance only because a criminal case arising from the same set of facts is pending.Justice Sanjay Dhar underscored that the sole purpose of staying departmental proceedings is to avoid prejudice to...

Ad Hoc Or Temporary Service Counts Toward Pension Only For Employees Governed By Pre-NPS Rules: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh has clarified that temporary or ad hoc service can be counted as qualifying service for pension only in cases where the employee is governed by the pension regime that existed before the New Pension Scheme (“NPS”) came into force.The ruling came while examining whether ad hoc service rendered before regularisation could be used to...

Part-Time Or Guest Faculty Cannot Substitute Full-Time Assistant Professors: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh has ruled that part-time or guest faculty cannot be used as substitutes for whole-time Assistant Professors required to teach multiple subjects in the Faculty of Law.The Court emphasised that while universities may engage part-time experts for specialised or newly introduced subjects, these arrangements cannot replace the necessity of...

“Drug Traffickers Inflict Deadly Blow On Youth”: J&K&L High Court Rejects Bail In Commercial Quantity NDPS Case

The Jammu & Kashmir and Ladakh High Court has reiterated that drug traffickers inflict a deadly blow on the youth and are a hazard to society, and the social cost of permitting such offenders to re-enter the community, even temporarily, is immeasurable.With these observations, Justice Wasim Sadiq Nargal on Friday dismissed the bail application of a 27-year-old accused from whose possession...

Dismissal Of SLP Does Not Attract Doctrine Of Merger Though Reasons Stated May Operate As Declaration Of Law Under Article 141: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has observed that dismissal of a Special Leave Petition (SLP), whether by a speaking or non-speaking order, does not lead to merger of the impugned order with the Supreme Court's order. The Court observed that only when leave is granted and appellate jurisdiction is exercised does the doctrine of merger apply.The Court was hearing two review...

J&K Arms Licence Scam: MHA Says Prosecution Sanction Against IAS Officers Under Active Consideration; High Court Grants Adjournment

In a fresh development in the Arms Licences Scam monitored by the Jammu & Kashmir and Ladakh High Court, the Union Government on Thursday informed the Division Bench that the question of granting prosecution sanction against several IAS officers is under active consideration of the Ministry of Home Affairs and that a formal decision is likely to be reached in the immediate...

J&K&L High Court Upholds Land Proprietary Rights For Persons Recorded As 'Assamis' Under Command Order Issued By Maharaja In 1933

The High Court of Jammu & Kashmir and Ladakh has clarified that persons recorded as “Assamis” in the relevant revenue record are to be treated as having been conferred proprietary and ownership rights under the Command Order promulgated by the then Maharaja in the year 1933.The High Court held that such conferment is complete in itself and cannot be defeated by subsequent actions...

Executing Court Duty Bound To Adjudicate Claims Even By Non-Parties U/S 47 CPC: J&K&L High Court

Shedding light on the scope of execution proceedings, the High Court of Jammu & Kashmir and Ladakh has held that an executing court is bound to adjudicate upon the claim of an objector and record a finding allowing or rejecting the said claim even if the objector was neither a party to the earlier proceedings nor the decree was passed against him. “… No separate suit can be...