POCSO Act | Section 34 Empowers Special Courts To Determine Age Of Both Offender & Victim: J&K High Court Remands Case For Fresh Age Inquiry

Clarifying the jurisdiction of Special Courts under the Protection of Children from Sexual Offences Act (POCSO), the Jammu & Kashmir and Ladakh High Court has held that the Special Court is empowered not just to determine the age of the accused, but also of the victim.“Section 34 of the POCSO Act vests jurisdiction with the Special Court not only to determine the age of the offender but...

Courts Cannot Conduct Comparative Study Of Natural Resource Allocation: J&K High Court Dismisses Plea Challenging Mining Lease Cancellation

Reaffirming the judiciary's restraint in matters of policy, the High Court of Jammu & Kashmir and Ladakh, while dismissing a writ petition seeking cancellation of mining leases, held that courts cannot conduct a comparative study of methods for distribution of natural resources, as such decisions fall within the exclusive domain of the Executive.Justice Javed Iqbal Wani, emphasized...

J&K Provident Fund Act | PF Coverage Without Gazette Notification Is 'Non Est' In Law: High Court

Reinforcing the legal sanctity of Gazette notifications for the applicability of labour welfare statutes, the High Court of Jammu and Kashmir and Ladakh has ruled that unless a notification under Subsection (4) of Section 1 of the Jammu and Kashmir Employees' Provident Funds and Miscellaneous Provisions Act, 1961 is issued and published in the Official Gazette, any proceedings...

Registration Of Gift Deed Does Not Make It Valid Under Muslim Law Without Declaration Or Formal Acceptance Of Property: J&K High Court

The Jammu and Kashmir High Court held that merely because the gift under muslim law is a registered one does not obivate the possibility of the gift being invalid. The court said that what is important in muslim law while executing a gift deed is that all the essential conditions required to valid gift are present.The court was hearing a 2nd appeal against order passed by the appellate...

Submitting Invalid But Genuine Certificate In Recruitment Process Is Neither Fraud Nor Misrepresentation For Disqualifying Candidate: J&K High Court

The Jammu and Kashmir High Court held that submitting a certificate issued by an unrecognised organisation could at best be considered as invalid for the purposes of recruitment but same does not amount to fraud or misrepresentation on the part of the candidate.The name of the petitioner was dropped from the provisional selection list on the ground that he had submitted a fake National...

Statement Of Child Victims Susceptible In Imposing Atmosphere Of Courtroom: J&K HC Upholds Man's Sentence For Sexually Assaulting 4-Yr-Old

The Jammu and Kashmir & Ladakh High Court has underscored the inherent vulnerability of child witnesses in courtroom settings while upholding the conviction of Dinesh Kumar for sexually assaulting a minor girl in Leh in the year 2017.Justice Sanjay Dhar dismissed the appeal, affirming an 8-year rigorous imprisonment sentence under Section 376 of the Ranbir Penal Code (RPC), and...

Two Adults Choosing Each Other In Marriage Is A Constitutional Right, Consent Of Family Or Clan Not Necessary: J&K High Court

Reinforcing individual autonomy and constitutional liberties, the High Court of Jammu and Kashmir and Ladakh, while disposing of a protection plea filed by a young married couple, ruled that two adults choosing each other in marriage is a constitutional right, not subject to family or community approval.Reiterating the supremacy of personal liberty and dignity under Articles 19 and 21 of...

[S. 498a IPC] Cruelty Not Dependent On Suicide Or Self-Harm, Causing Grave Mental Or Physical Injury Sufficient To Attract Offence: J&K High Court

Reinforcing the protective scope of Section 498A IPC, the High Court of Jammu & Kashmir and Ladakh, while rejecting two petitions seeking quashing of an FIR lodged under sections 498A and 109 IPC, held that “if the conduct of husband or his relatives is accompanied with an intention to cause grave injury to a woman, whether or not she was driven to commit suicide or inflict grave...

S.531 BNSS | Stage Of Proceedings Is Pivotal In Determining Applicability Of BNSS Or CRPC: J&K High Court Explains

Clarifying the legal framework regarding the applicability of the old and new criminal procedural laws, the High Court of Jammu & Kashmir and Ladakh has ruled that the relevant factor for determining the applicability of BNSS or CrPC, 1973, is the stage of the case prevailing immediately prior to 01.07.2024.Overturning a Special Judge's order in a money laundering case a bench of...

J&K HC Dismisses Plea Challenging Dental College Recruitment, Says Candidates Who Participated Without Protest Cannot Subsequently Challenge Process

The Jammu and Kashmir and Ladakh High Court has dismissed a petition challenging the Government Order No. 383-JK(HME) of 2024, which altered the selection criteria for Senior Residents/Registrars in Government Dental and Medical Colleges.Dismissing a writ petition filed by one Dr. Falak Mukhtar, Justice Javed Iqbal Wani observed that once a candidate participates in a selection process...

Higher Salary Mistakenly Credited To Employee Cannot Be Recovered, But Employee Cannot Seek Continuation Of Erroneous Benefits: J&K High Court

The Jammu and Kashmir High Court has held that the claim of the petitioners to avail the benefit of a mistake of fact, despite the mistake having been detected and corrected, is totally misconceived and cannot be accepted.The petitioners had argued that higher pay scale came to be granted to them without fraud or misrepresentation and therefore the respondent could not refix the salary in...

Civil Courts Cannot Adjudicate Disputes Over Determination Of Right To Possess Land Under Agrarian Land Reforms Act: J&K High Court

The Jammu and Kashmir High Court held that where in a suit right to possession is claimed or disputed and it is referable to the officer or the authority appointed under the Agrarian Reforms Act, the Civil Court is debarred from settling such a dispute.The petitioner had argued that lower courts erred in rejecting the suit under Order 7 Rule 11 CPC. It said that the Agrarian Reforms Act...