BSF Rules | Court Of Inquiry Is Preliminary Fact Finding Exercise, Not Disciplinary Trial Which Can Cause Prejudice: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has held that such an inquiry is only a fact-finding mechanism intended to assist authorities in deciding the future course of action and does not amount to initiation of departmental proceedings.The Division Bench of Justice Sanjeev Kumar and Justice Sanjay Parihar underscored that the findings returned by the Court of Inquiry shall be in the...

Revisional Powers Must Be Exercised Within Reasonable Time Even In Fraud Cases; Merits Cannot Justify Gross Delay: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh has quashed an order of the Financial Commissioner (Revenue) which had reopened and annulled revenue mutations after more than four decades.Justice Javed Iqbal Wani, while allowing a writ petition, held that revisional powers whether invoked in cases of fraud or otherwise must be exercised within a reasonable period, and that merits of a...

Denying Regularisation To Daily Wager After Extracting Work For Over 34 Years Is Illegal, Inequitable: J&K&L High Court

The Jammu, Kashmir & Ladakh High Court dismissed the Union Territory's challenge to the regularisation of a daily wager, holding that denial of regularisation after extracting work for more than three decades would be illegal, inequitable, and contrary to the welfare obligations of the State.The Division Bench of Chief Justice Arun Palli, Justice Rajnesh Oswal noted that the...

S.143A NI Act Orders Not Interlocutory In Nature, Amenable To Revision Before Session's Court: J&K&L High Court

Reinforcing the procedural safeguards available to both complainants and accused in cheque dishonour cases, the Jammu & Kashmir and Ladakh High Court has held that an order passed by a Magistrate on an application under Section 143A of the Negotiable Instruments Act, 1881 is not an interlocutory order but an intermediate order, and therefore amenable to revision before the Sessions...

Pension | Employees Of Different Institutions Cannot Claim Parity In Service Merely Because Both Are Funded From Same Source: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has held that employees of two different institutions cannot claim parity in service conditions merely because both are funded from the same source.Justice Sanjay Dhar made this observation while dismissing a batch of writ petitions filed by serving and retired employees of J&K Sainik School who had sought extension of pensionary benefits on...

Migrant Status Cannot Dilute Career Progression Once Eligibility Is Met: J&K&L High Court Upholds Retrospective CAS Promotions

The Jammu & Kashmir and Ladakh High Court has firmly held that migrant status cannot be used to dilute career progression once eligibility for promotion is established under statutory rules.Dismissing an appeal filed by Sher-e-Kashmir University of Agricultural Sciences and Technology (SKUAST), Kashmir, a Division Bench of Chief Justice Arun Palli and Justice Rajnesh Oswal upheld...

Contractor Not Responsible For Dept's Failure To Obtain Administrative Approvals; Govt Must Clear Admitted Dues: J&K&L High Court

The Jammu and Kashmir and Ladakh High Court has emphasized that it is not the job of a contractor to ensure that all administrative approvals, technical sanctions, or legal formalities are completed before undertaking contractual obligations.Justice Rajesh Sekhri underlined that it is the responsibility of the concerned department to clarify how work was executed in the absence of...

Umadevi Judgment Not A Shield For Perpetual Temporary Employment: J&K HC

A Division Bench of the Jammu and Kashmir High Court comprising Chief Justice Arun Palli and Justice Rajnesh Oswal held that daily rated worker engaged prior to 31-03-1994 and continuously employed for decades cannot be denied regularization under SRO-64 on the pretext of being a casual labourer. Further, the Umadevi Judgment cannot be invoked to justify perpetual temporary employment...

Dismissal Of Appeal As Withdrawn Not Compromise Decree Unless Court Passes Decree Under Order 23 Rule 3 CPC: J&K&L High Court

The Jammu & Kashmir High Court held that an appellate order dismissing an appeal as withdrawn does not amount to a compromise decree merely because a written compromise was placed on record, unless the court records its satisfaction and passes a decree in terms of the compromise as required under Order XXIII Rule 3 of the Code of Civil Procedure.A bench of Justice Sanjay Dhar set aside...

J&K&L High Court Flags Inaction On Cancer Care Facilities, Urges Action To Fill Shortage Of Oncologists & PET Scan Machines

In order to address the long standing deficiencies in cancer treatment facilities in Jammu and Kashmir, the Jammu and Kashmir and Ladakh High Court, has issued stern orders demanding urgent compliance from the authorities. The Court's orders come after repeated delays and non-compliance despite earlier directives aimed at providing better healthcare for cancer patients.After reviewing...

Proof Of Occurrence Crucial, Victim's Minority Cannot Rescue Doubtful Prosecution: J&K&L High Court Acquits Gang Rape Accused

The Jammu & Kashmir and Ladakh High Court has ruled that where the prosecution fails to prove the very occurrence of the alleged crime through clear, cogent and uncontradictory evidence, the minority of the alleged victim cannot be invoked as a fallback to sustain conviction.While reiterating that consent of a minor is legally irrelevant in a rape prosecution, the Court cautioned that such...

Courts Must Be Judicious While Granting Interim Relief In Matters Involving Public Infrastructure & Welfare Schemes: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has flagged delays that stalled the establishment of the Aishmuqam Degree College for more than a decade, resulting in what the Court described as “avoidable hardship” and “educational loss” to successive batches of students.A bench of Justice Wasim Sadiq Nargal cautioned that “Courts must remain judicious and miser in granting...