J&K High Court Upholds 1944 Land Exchange Order, Says Vested Rights Cannot Be Undone By Administrative Inertia

Safeguarding the sanctity of long-standing administrative decisions and vested rights, the High Court of Jammu and Kashmir and Ladakh, upheld the enforceability of Government Order No. 60-C of 1944 and directed authorities to process the construction permission for land exchanged under the said order provided such land is not under dense plantation and is otherwise permissible under the...

Withdrawal Of Earlier Notification For Departmental Promotion & Issuing Fresh Notification Under Amended Rules Is Not Mala Fide: J&K High Court

The Jammu and Kashmir High Court held that the university can issue a fresh notification for initiating the departmental promotions under amended rules pending the finalization of the process of promotion issued under the previous rules.The above orders came while the court was hearing the challenge by the petitioner against the fresh notification issued by the respondent University requiring...

J&K High Court Grants Final Chance To Estates Dept To File Status Report In Plea Seeking Eviction Of Ex-Ministers From Govt Accommodation

In a Public Interest Litigation (PIL) concerning the unauthorised occupation of government accommodations by former ministers and politicians, The Jammu & Kashmir Highcourt has given the Estates Department a final opportunity to submit a comprehensive status report by July.A Bench of Chief Justice Arun Palli and Justice Rajnesh Oswal expressed serious concern over repeated non-compliance...

Magistrate Cannot Postpone Decision On Third Party Ownership Objections U/S 84 Of CrPC Until After Attachment Is Executed: J&K High Court

The High Court of Jammu and Kashmir and Ladakh has held that a Magistrate is legally obligated to adjudicate objections filed under Section 84 of the Code of Criminal Procedure (CrPC) by third parties before an attachment order under Section 83 CrPC is carried out. Any postponement of such adjudication pending physical attachment or receipt of compliance reports is contrary to law, the...

J&K High Court Issues Notice On CRPF Jawan's Plea Challenging Dismissal From Service For Marrying Pakistani Woman

A Central Reserve Police Force (CRPF) jawan from Jammu and Kashmir, has moved the J&K High Court challenging his dismissal from service for marrying a Pakistani national.A bench of Justice Javed Iqbal Wani while hearing the matter issued notice to the Director General of CRPF, as well as to the Commandants of CRPF's 41 Battalion (Bangrasia, Bhopal) and 72 Battalion (Sodra,...

J&K High Court Declines Man's Plea Against FIR Over Social Media Posts Calling For Violence Against Non-Kashmiri's Living In Kashmir Valley

The High Court of Jammu and Kashmir and Ladakh has dismissed a plea challenging the registration of FIR against one Mubeen Ahmad Shah, who was accused of uploading a series of Facebook posts that allegedly incited communal tensions and undermined national integrity.Justice Sanjay Dhar, while rejecting the petition, made strong observations about the nature and impact of the petitioner's...

When Status Quo Order Is Passed Over Possession Of Suit Property, Party In Possession Can Raise Construction On Their Share: J&K High Court

The Jammu and Kashmir Highcourt held that where the status quo order passed by the court is qualified by the word "possession" and not a blanket status quo order, there is no restraint on the parties to the suit on raising construction on the portion of property which is in their respective possession.The petitioner had challenged the order passed by the trial court allowing the respondent...

CPC | “Sufficient Grounds” Under Order 23 Rule 1(3)(b) Grants Court Wide Discretion To Permit Withdrawal & Filing Of Fresh Suit: J&K High Court

Clarifying the scope of “sufficient grounds” under Order 23 Rule 1(3)(b) of the Civil Procedure Code (CPC), the High Court of Jammu and Kashmir and Ladakh has held that the expression grants wide judicial discretion to trial courts to permit withdrawal of a suit with liberty to institute a fresh one.“… This expression has to be given wide connotation and it cannot be given a...

Breach Of Fiduciary Trust By Manager Cannot Be Taken Lightly: J&K High Court Denies Bail in ₹71 Lakh Embezzlement Case

Taking strong exception to the alleged abuse of fiduciary trust, the High Court of Jammu & Kashmir and Ladakh has refused to grant anticipatory bail to a petrol pump manager accused of defrauding his employer of over ₹71 lakh.Justice Sanjay Dhar observed that when a manager, taking advantage of the trust reposed in him by his employer, proceeds to commit breach of such trust, the...

Consumer Compensation Or Replacement U/S 14 Of Consumer Protection Act Requires Conclusive Proof Of Deficient Service: J&K High Court

Reinforcing a critical principle under consumer law, the High Court of Jammu & Kashmir and Ladakh has held that for an award of compensation or replacement of goods under Section 14 of the Consumer Protection Act, 1986, it must be conclusively established that the service provider was negligent or deficient in service.The Division Bench of Justice Sindhu Sharma and Justice Vinod...

Jammu & Kashmir High Court Quashes Seniority Benefits For Rehbar-E-Taleem Teachers Prior To Regularization Of Services

The Jammu and Kashmir and Ladakh High Court has held that seniority of ReT (Rehbar-E-Taleem) teachers must be reckoned from the date of appointment as a general line teacher and the pre-regularization period of five years will not be included for the purpose of fixing seniority.The appellants had challenged the government order whereby the period of service of ReT teachers prior to...

Discharge In Predicate Offence Does Not Invalidate PMLA Proceedings U/S 3 Of Act: J&K High Court

Upholding the autonomy of proceedings under the Prevention of Money Laundering Act (PMLA), 2002, the Jammu and Kashmir and Ladakh High Court has clarified that a discharge or acquittal in the predicate (scheduled) offence does not automatically invalidate money laundering investigations or summons issued by the Enforcement Directorate (ED).Justice Wasim Sadiq Nargal, while dismissing a...