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 High Court of J & K and Ladakh

State Must Pay Compensation For Continued Use Of Private Land For Water Pipelines, Even If Laid Before Purchase: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh has held that a landowner cannot be denied compensation merely because water pipelines were laid through the property before its purchase.It observed that the State's power to provide essential public services does not permit it to continue using private property indefinitely without addressing the owner's lawful claim to compensation...

J&K&L High Court Dismisses BSF Constables Plea Against Voluntary Retirement After Beard Permission Was Revoked

The Jammu & Kashmir and Ladakh High Court has dismissed a BSF constable's plea challenging the acceptance of his voluntary retirement after permission granted to him to maintain a neatly trimmed beard was revoked, holding that the Srinagar Bench lacked territorial jurisdiction to entertain the petition.Justice Rajnesh Oswal found that the cause of action had not arisen within the...

Allegations Of Cruelty At Place Where Wife Resides Can Confer Territorial Jurisdiction Over Divorce Suit: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh has held that where a wife's divorce plaint alleges acts of cruelty within the territorial jurisdiction of the court approached, the plaint cannot be returned merely because the marriage was solemnised and other events occurred elsewhere.The question at the preliminary stage is whether the plaint discloses a part of the cause of action within...

J&K&L High Court Upholds Constitutional Amendments Prescribing 120-Day Limit For Filing Written Statements

The High Court of Jammu & Kashmir and Ladakh has upheld the constitutional validity of amendments prescribing a maximum period of 120 days for filing written statements in civil suits, while clarifying that courts may relax the timeline in exceptionally hard cases where the defendant was genuinely incapacitated on from filing the written statement for reasons beyond their control.The...

Labour Licence Cannot Be Insisted Upon At Pre-Bid Stage Unless Specified In Tender Documents: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh has held that a labour registration licence cannot be insisted upon as a pre-condition for participation in a tender when such a requirement is not specifically stipulated in the tender documents.The Court thus directed the authorities to consider the petitioner's technical bid without insisting upon the licence at the pre-allotment stage,...

“Attempted Act” & “Completed Act” Of Sexual Intercourse Not An Insignificant Detail: J&K&L High Court Acquits Man In Rape Case

The Jammu & Kashmir and Ladakh High Court has acquitted a man convicted of rape, observing that the material variation between the earliest version of the occurrence as an “attempt” and the subsequent prosecution case of a completed act went to the root of the case and, when considered cumulatively with the limitations of the medical evidence and other inconsistencies, created...

Guardian & Wards Act | Child Custody Jurisdiction Depends On Minors Ordinary Residence, Not Where Child Ought To Reside: J&K&L High Court

The place where a minor actually and ordinarily resides, rather than where a parent believes the child ought to reside, determines the territorial jurisdiction of the Court under Section 9 of the Guardians and Wards Act, 1890, the Jammu & Kashmir and Ladakh High Court has held.The Court was hearing an appeal against dismissal of a father's custody petition by the Principal District...

Possession Of Fake Driving Licence Does Not Exonerate Insurer Where Driver Also Holds Valid Licence: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has held that an insurer cannot avoid its liability to indemnify the insured merely because the offending driver was also found in possession of a fake driving licence, where the driver possessed another genuine and effective driving licence valid at the time of the accident.The Court was hearing two connected appeals filed by National...

Minority During Attestation Cannot Explain Inaction For Decades After Attaining Majority: J&K&L High Court Dismisses Mutation Challenge

The Jammu & Kashmir and Ladakh High Court has held that merely being a minor when a mutation was attested cannot, by itself, explain complete inaction for several decades after attaining majority.Justice Wasim Sadiq Nargal observed that while the petitioner's minority, residence outside the Valley and prevailing circumstances could constitute relevant considerations for explaining delay,...

Cardiac Arrest Due To Stress And Strain Of Long-Distance Driving Is Compensable Under Employees Compensation Act: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has held that the death of an oil tanker driver from cardiac arrest, where the evidence establishes a reasonable nexus between the cardiac event and the stress and strain of long-distance driving, can constitute an accident arising out of and in the course of employment under the Employees' Compensation Act, 1923.The Court was hearing an appeal...

Premature/Compulsory Retirement Neither Punitive Nor Entails Civil Consequences By Way Of Stigma: J&K&L High Court

While upholding the premature retirement of a government employee the Jammu & Kashmir and Ladakh High Court has reiterated that an order of premature or compulsory retirement is an administrative measure taken in public interest and cannot be equated with dismissal or removal by way of punishment.The Court held that the competent authority's subjective satisfaction cannot ordinarily...