Jammu & Kashmir And Ladakh High Court Weekly Roundup March 17 - March 23, 2024

Nominal Index:S. Charanjeet Singh vs UT of J&K and Anr 2025 LiveLaw (JKL) 94NA Ronga Vs UT Of J&K 2025 LiveLaw (JKL) 95Farukh Jehanzeb Vs Muzaffar Ali Kapra And Anr 2025 Livelaw (JKL) 96Smt. Sudershan Sharma vs Union Territory of Jammu and Kashmir 2025 LiveLaw (JKL) 97Mohammad Shafi Naikoo Vs UT Of J&K 2025 LiveLaw (JKL) 98Sumesh Chadha vs UT of J&K and Anr 2025 LiveLaw...

Employer Setting Cut-Off Dates For Pension Schemes Not Violative Of Article 14: J&K High Court

The High Court of Jammu & Kashmir and Ladakh has ruled that employers are well within their rights to fix a cut-off date for introducing new pension or retirement schemes, and such decisions do not violate the equality clause under Article 14 of the Constitution.The court thus upheld the government's decision to grant pension benefits only to employees of the Sher-i-Kashmir...

Indian Army's Core Function Of National Security Is A Sovereign Function, Cannot Be Categorized As 'Industry': J&K High Court

The Jammu and Kashmir High Court ruled that the Army does not fall within the definition of an 'Industry' and thus, the Labour Court, which had ruled in favor of the writ petitioners serving as porters in the Indian Army, ordered their reinstatement with full back wages, had no jurisdiction to entertain the case.The court said that it was not the case of the writ petitioners that their role...

Validity Of Administrative Orders Must Be Judged On Initial Reasoning, Not Through Affidavits Filed Later: J&K High Court

Reinforcing the principle of fairness and reasonableness in government dealings, especially in contractual matters, the Jammu and Kashmir and Ladakh High Court has held that the validity of an administrative order must be judged solely by the reasons mentioned at the time of its issuance and cannot be bolstered by additional grounds introduced later through affidavits or other means.Quashing...

“Evidence Too Weak To Arrive At Different Conclusion”: J&K HC Upholds Acquittal Of Accused In Ex-Education Minister's Assassination Case

The Jammu and Kashmir and Ladakh High Court has upheld the acquittal of three accused in the 2005 assassination case of former Education Minister Gulam Nabi Lone, stating that the "evidence on record is too weak and shaky to arrive at a conclusion different from one arrived at by the Trial Court."The bench, comprising Justices Sanjeev Kumar and Puneet Gupta, dismissed the State's appeal...

Procedure U/S 329 CrPC For Accused With Unsound Mind Applies Only After Framing Of Charges: J&K High Court

The High Court of Jammu & Kashmir and Ladakh has clarified that the provisions of Section 329 of the Code of Criminal Procedure (Cr.P.C), which deal with the procedure for trying a person of unsound mind, can only be invoked after the framing of charges in a criminal trial.A bench of Justice Sanjay Dhar emphasized that the trial court cannot entertain an application under Section 329...

'Bonafide Interpretation Of Judgment, Though Wrong, Not Contempt': J&K&L High Court Closes Contempt Against Shardul Amarchand Mangaldas

The Jammu and Kashmir High Court held that interpretation of a Court judgment, even if differing from Court's intended meaning, generally does not constitute Contempt of Court as long as the interpretation is not wilfully or deliberately wrong, and does not obstruct course of justice.A bench of Justices Sanjeev Kumar, Justice Moksha Khajuria Kazmi held that the legal notice by the...

J&K High Court Allows Re-Recording Of S.164 Cr.PC Statement After Woman Says She Was Pressurised To Implicate Party In False Rape Case

The Jammu and Kashmir High Court held that the statement recorded before the magistrate can be re-recorded and there is no bar under section 164 CRPC for recording the statement of a witness more than once.The above ruling came when the petitioner made a request for re-recording of her statement stating that her first S.164 Crpc statement was not willful and she was forced to give the...

S.37 Of NDPS Act Not A Blanket Ban On HC's Powers To Grant Bail On Humanitarian Or Medical Grounds: J&K High Court

The Jammu and Kashmir and Ladakh High Court has held that the provisions of Section 37 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act do not act as a blanket ban on the powers of the High Court under Section 439 of the Code of Criminal Procedure (Cr.P.C).A bench of Justice Mohammad Yousuf Wani emphasized that while Section 37 imposes restrictions on granting bail in cases...

Unilateral And Retrospective Enhancement Of Rent Is Unjust, Not Permissible Under Law: J&K High Court

The Jammu and Kashmir High Court has held that a party cannot be permitted to unilaterally and retrospectively alter the rent amount fixed with the tenant.Justice MA Chowdhary held that it was not permissible for the respondent to revise the rent twice in the same year. The court said that notice requiring the petitioner to pay the revised rent increasing it to 100% was not permissible and...

J&K HC Directs Review Of Security Measures After Girl Seeking Protection For Marrying Against Family's Wishes Was Forced Out Of Court By Brother

The Jammu and Kashmir High Court has voiced its serious anguish and concern about the developments which took place on the court premises wherein a petitioner girl was forced out of the corridors of the court against her wishes by a civilian, who was said to be her brother.The petitioner and her husband had approached the J&K High Court seeking protection after marrying against...

Security Cover Not A Luxury Or Status Symbol: J&K High Court Dismisses Advocate's Plea For Continued Police Protection

The Jammu and Kashmir and Ladakh High Court emphasized that security cover provided at the State's expense cannot be construed as a luxury or a status symbol to be granted arbitrarily.Justice Wasim Sadiq Nargal, while dismissing a petition filed by Advocate Sumit Nayyar seeking the continuation of his personal security, underscored that the assessment of threat perception is a...