'Cannot Enjoy Immunity Due To Stature': J&K&L High Court Declines To Quash FIR U/S 528 BNS Against Sufi Singer Over Parking Dispute

The Jammu & Kashmir and Ladakh High Court has dismissed a petition seeking quashing of an FIR registered against a group of accused, including a reputed Sufi singer in a parking dispute, observing that the investigation had been unnecessarily delayed due to the petitioners misreading an interim order as granting them absolute immunity from the course of law.The accused were alleged to...

Second FIR Maintainable When It Uncovers Wider Conspiracy; 'Test Of Sameness' Is Decisive: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh has held that a second FIR is not barred in law where it relates to a distinct and wider conspiracy, even if it is connected to an earlier incident, reiterating that the governing principle is the “test of sameness.”The Court was hearing petitions challenging an order of the trial court framing charges in a case arising out of an FIR, where...

Compensation Dispute Under National Highways Act Need Not Be Referred To Civil Court If Competent Authority Can Decide: J&K&L High Court

The Jammu & Kashmir High Court held that not every dispute relating to compensation under the National Highways Act, 1956 is required to be referred to a civil court, clarifying that only such disputes which the competent authority is unable to decide without adjudication fall within the ambit of reference under Section 3H(4) of the Act.A bench of Justice Moksha Khajuria Kazmi observed...

J&K&L High Court Grants Interim Protection To Lawyers Facing PSA Detention Over FIR In Alleged Assault At Srinagar District Court

The High Court of Jammu & Kashmir and Ladakh has directed the authorities not to detain a group of lawyers under the Public Safety Act in connection with an FIR registered against them, without prior permission of the Court, after the State submitted that it had no intention to detain them on the basis of the said FIR.Justice Moksha Khajuria Kazmi passed the order in a habeas corpus...

Authorities Cannot Evict Tenants By Declaring Building 'Unsafe' In Order To Bypass Due Process: J&K&L High Court

The Jammu & Kashmir High Court held that authorities cannot adopt indirect methods, such as declaring a building unsafe, to evict tenants, emphasizing that lawful procedures like filing a civil suit for ejectment cannot be bypassed through administrative manoeuvres.A bench of Justice Wasim Sadiq Nargal held that a “different mechanism” cannot be adopted to achieve a “nefarious...

Disengagement Of Daily Wagers By PSU Due To Closure Or Financial Constraints Not Arbitrary Under Article 14: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh at Srinagar has held that the disengagement of daily rated workers by a public sector undertaking, compelled by the closure of its operations and acute financial constraints, does not violate Article 14 of the Constitution.The Court was hearing a Letters Patent Appeal challenging the judgment of the learned Single Judge dismissing a writ...

Preliminary Enquiry Evidence Cannot Form Basis Of Departmental Findings Without Cross-Examination: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has quashed the dismissal order passed against an employee of the Jammu & Kashmir Housing Board, holding that the disciplinary proceedings were vitiated as the Inquiry Officer relied upon statements recorded during a preliminary enquiry without providing the delinquent employee an opportunity to cross-examine the witnesses.The Court...

Disciplinary Authority Cannot Reject Medical Records Without Ascertaining Authenticity Before Dismissing Delinquent: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh at Jammu has held that neither the Court nor disciplinary authorities can refuse to consider medical records produced by an employee without first ascertaining their veracity, and that failure to do so vitiates disciplinary proceedings.The Court was hearing a writ petition challenging the petitioner's removal from service in the Central...

Principle Of Subsistence Of Rights Can't Apply Where Basis Of Engagement Stands Displaced By Administrative Restructuring: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh has held that the principle of subsistence of right cannot be invoked where the very basis of engagement ceases to exist due to relocation or administrative restructuring of an Anganwadi Centre following migration of the local population, and that a fresh selection process for the relocated centre constitutes a valid and independent...

Appeal Under Employee's Compensation Act Maintainable Only On Substantial Question Of Law, Full Deposit Of Award Mandatory: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh held that an appeal under Section 30 of the Employee's Compensation Act, 1923 is maintainable only when a substantial question of law arises, and the appellate court cannot re-evaluate findings of fact recorded by the Commissioner. It further held that deposit of the entire awarded amount, including interest, is a mandatory precondition...

Once Magistrate Orders Inquiry U/S 202 CrPC, Summons Cannot Be Issued Later On Same Material: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has held that if a Magistrate is not satisfied about the sufficiency of material collected while recording preliminary evidence and orders an inquiry under Section 202 of the Code of Criminal Procedure, she/he cannot pass an order summoning the accused at a later stage on the very same material.The Court was hearing a petition filed under Section...

Registered Owner Who Parted With Possession Of Vehicle Used In Terror Activities Cannot Seek Its Release: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has held that a registered owner who has executed a power of attorney in favour of an accused and parted with possession of a vehicle cannot maintain an application for release of the vehicle when it is seized for involvement in transportation of arms and ammunition in a terror-related case.The Court further observed that approaching the Court...