Denial Of Wages For Work Actually Performed Violates Article 23: J&K&L High Court Orders Payment To Doctor Despite Retrospective Cancellation Of Engagement

The Jammu & Kashmir and Ladakh High Court has held that withholding remuneration for work actually performed violates Article 23 of the Constitution of India, even where an employee's engagement is subsequently cancelled ab initio on account of an adverse character verification report.The Court ruled that a condition in an engagement order disentitling an appointee to wages for the...

Practice Of Engaging Persons Of Choice As Casual Workers And Later Regularising Them Is Fraud On Constitution: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh at Jammu has held that the Government or its officers are not empowered to pick up people of their own choice from the open market, engage them by giving the nomenclature of daily wagers, casual workers, ad hoc appointees or consolidated workers, and then come up with a policy of regularisation to confer the benefit of permanent employment...

Section 91 CrPC Cannot Be Used During Preliminary Verification Without Formal Investigation Or Inquiry: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has held that the Crime Branch cannot invoke Section 91 of the Code of Criminal Procedure (CrPC) to compel a person to produce documents during preliminary verification of a complaint when no formal investigation or inquiry under the Code has commenced.Quashing criminal proceedings against one Jaydeep Singh Jadeja, the Court held that...

J&K&L High Court Summons DC Srinagar Over Detention Order Passed Without Application Of Mind

The High Court of Jammu & Kashmir and Ladakh at Srinagar has directed the Deputy Commissioner, Srinagar, to appear in person along with the complete original record pertaining to the detention order, including the police dossier and the material reflecting the subjective satisfaction of the detaining authority, to furnish an explanation as to why he recklessly and mechanically passed...

J&K High Court Closes Contempt Proceedings Against Law Secretary, Says No Willful Disobedience Where Order Admits Plausible Interpretation

A person can be held guilty of contempt of court only when there is a willful default in implementing a judicial direction, the Jammu & Kashmir and Ladakh High Court has observed, closing contempt proceedings against government officials over the alleged non-implementation of a judgment granting a woman employee the benefit of revised seniority and consequential promotions.Justice Sanjay...

Absconding Accused Cannot Ordinarily Claim Anticipatory Bail: J&K&L High Court Rejects Rape Accused's Plea

The Jammu & Kashmir and Ladakh High Court has held that an accused who continues to evade the process of law cannot ordinarily seek the extraordinary protection of anticipatory bail, particularly after being declared a proclaimed offender and failing to join the investigation for years.Justice Sanjay Dhar dismissed the anticipatory bail application filed by Rajat Kumar in a rape...

J&K Land Acquisition Act | Collector Duty-Bound To Ensure Satisfaction Of Award By Handing Over Possession Of Entire Alternate Land: High Court

The High Court of Jammu & Kashmir and Ladakh at Jammu has held that the Collector Land Acquisition is duty-bound to ensure that the award is satisfied and that the landowner is given compensation in terms of the award.The Court held that if the land allotted in exchange cannot be handed over on account of its occupation by a third party, the Collector is duty-bound to ensure that...

Omission To Specifically Mention Offence In Sanction Order Does Not Vitiate Proceedings If Allegations Disclose Offence: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh at Srinagar has held that the mere omission to specifically mention a particular offence in the sanction order would not render the sanction invalid if the allegations and material referred to in the sanction order otherwise disclose the ingredients constituting such offence.The Court dismissed a petition seeking quashing of a charge under...

Recommendation For Out-Of-Turn Promotion Does Not Create Right To Retrospective Promotion: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has held that a recommendation for out-of-turn promotion does not, by itself, create an enforceable right to claim retrospective promotion, even where another employee has been granted a similar benefit.A Division Bench comprising Chief Justice Dr. Pushpendra Singh Bhati and Justice Wasim Sadiq Nargal made the observation while allowing a...

Longstanding Possession Of Land Cannot Be Treated As Unauthorized Under Migrant Property Act Without Proper Enquiry: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has held that longstanding possession of land, recorded in revenue records decades before the enactment of the Jammu and Kashmir Migrant Immovable Property Act, 1997, cannot be treated as unauthorized occupation merely because the occupants fail to establish formal title or a lawful tenancy.Justice Sanjay Parihar set aside orders passed by the...

Proceedings Under Sections 107 And 117 Cr.P.C. Are Preventive In Nature And Do Not Attract Bar Of Double Jeopardy: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh at Jammu has held that proceedings under Sections 107 and 117 of the Code of Criminal Procedure are preventive in nature and not punitive, and therefore do not attract the bar of double jeopardy under Article 20 of the Constitution of India.The Court dismissed a petition seeking quashing of a charge sheet, holding that the purpose of...

Disability Not Recorded At Enrolment Presumed To Have Arisen During Service Unless Rebutted By Cogent Medical Evidence: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has upheld an Armed Forces Tribunal order granting disability pension to an Ex-Lance Naik, holding that a disability not recorded at the time of enrolment is presumed to have arisen during service unless the presumption is rebutted by cogent medical evidence.A Division Bench of Justice Sindhu Sharma and Justice Shahzad Azeem dismissed a writ...