J&K&L High Court Quashes FIR Over Alleged Encroachment On Evacuee Property, Says Cognisance Barred Without Complaint By Competent Authority

The Jammu and Kashmir and Ladakh High Court has quashed an FIR and all consequential proceedings against few persons who were charged under Sections 447 and 186 of the Indian Penal Code and Section 18 of the J&K State Evacuees (Administration of Property) Act, Svt. 2006, holding that the Trial Court had no jurisdiction to take cognizance of the said offences on the basis of a police report...

Food Sample Can Be Referred To Referral Laboratory Without Prior Hearing If Designated Officer Records Reasons: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has held that where a Designated Officer records reasons showing that an initial food analysis report is incomplete or erroneous due to omission of crucial safety parameters, the sample can validly be referred to a Referral Laboratory under Rule 2.4.3 of the Food Safety and Standards Rules, 2011, and no prior hearing to the food business operator...

Mere Mention Of Word 'Dead' In Small Font Against Party's Name Doesn't Satisfy Duty To Inform Under Order 22 Rule 10-A CPC: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh has held that merely mentioning the word “dead” against the name of a deceased respondent in a small font, without specifying the date of death, does not amount to compliance with the obligation cast upon counsel under Rule 10-A of Order XXII of the Code of Civil Procedure, 1908.The Court observed that such conduct reflected a...

'Prosecution Examined Barely Two Witnesses Per Annum': J&K&L High Court Grants Bail To Murder Accused After 11 Years In Custody

The Jammu & Kashmir and Ladakh High Court has granted bail to an accused facing trial under Sections 302 and 201 RPC after observing that the prosecution had consumed more than eleven years to examine only twenty-four witnesses and had failed to conclude evidence despite repeated opportunities.The Court held that the petitioner's continued incarceration for nearly twelve years amounted to...

Witnesses Informed By Police About Accused Before Statements Recorded: J&K&L High Court Acquits Murder Convicts

Holding that a prosecution case becomes seriously suspect when witnesses are already informed by the police about the identity of the alleged offenders before their statements are recorded, the High Court of Jammu & Kashmir and Ladakh has set aside the conviction of two persons sentenced to life imprisonment for murder.The Court observed that such circumstances indicate that the...

Equal Pay For Equal Work Applies Irrespective Of Funding Source: J&K&L High Court Upholds Enhanced Remuneration For Vocational Instructors

Reiterating that employees performing identical duties cannot be paid differently merely because their remuneration originates from different sources, the High Court of Jammu & Kashmir and Ladakh has upheld the entitlement of Vocational Instructors engaged under the Self-Finance Scheme in Industrial Training Institutes (ITIs) to enhanced remuneration under an Government Order.The Court...

Ante-Dated FIR Renders Investigation Tainted & Unsafe To Rely Upon: J&K&L High Court Upholds Acquittal In Murder Case

Holding that an ante-dated First Information Report casts serious doubt on the genuineness and spontaneity of the prosecution case and renders the ensuing investigation tainted, the High Court of Jammu & Kashmir and Ladakh has upheld the acquittal of a man accused of murder.The Court observed that where it is shown that the FIR was not lodged at the time it purports to have been recorded,...

Provision To Extend Investigation Time Under NDPS Act Applies Even In Narco-Terror Cases Under UAPA: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has held that the provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985 and the Unlawful Activities (Prevention) Act, 1967, though both special enactments, operate in distinct legislative fields and are required to be harmoniously construed.The Court ruled that the mere existence of Section 48 of the UAPA does not automatically...

“Ordinary Citizen Not Supposed To Know Full Form Of BNSS Unless Informed”: J&KL High Court Quashes Preventive Detention Order

The High Court of Jammu & Kashmir and Ladakh has quashed a preventive detention order passed under the Jammu and Kashmir Public Safety Act, 1978, observing that an ordinary citizen is not supposed to know the full form or meaning of the abbreviation 'BNSS' unless law enforcement agencies and the concerned magistrate disclose it.The Court held that the detention order referring to...

Enemy Infiltrated Govt Through Employees To Advance Terror Agenda: J&K&L High Court Upholds Constable's Dismissal For Sheltering Militant

The High Court of Jammu & Kashmir and Ladakh has upheld the dismissal of a police constable who was found involved in anti-national activities, observing that the enemy had been using multiple tools and strategies to disintegrate the nation by infiltrating the Government through its employees and members of the security forces.The Court held that the respondent was one such pawn in the...

No Vested Right To Age Relaxation Merely Because Recruitment Was Delayed: CAT Jammu Dismisses Sub-Inspector's Age Relaxation Plea

The Central Administrative Tribunal, Jammu Bench has dismissed a batch of Original Applications challenging the upper age limit of 28 years prescribed for the post of Sub-Inspector in the Jammu & Kashmir Police Advertisement Notification, holding that candidates who have crossed the notified age limit cannot claim age relaxation as a matter of right merely because recruitment was...

'Time For Women Lawyers To Break Every Glass Ceiling': Jammu & Kashmir And Ladakh High Court Chief Justice Arun Palli In Farewell Address

Jammu & Kashmir and Ladakh High Court Chief Justice Arun Palli, in an emotional farewell address on Monday (June 1) urged women members of the legal profession to “break every glass ceiling” while assuring young lawyers that the future of the Bar in the region is “exceptionally bright”.Addressing a Full Court Reference held in his honour at the Srinagar Wing of the High Court over...