Claims Under 'Roshni Act' Void Ab-Initio, Any Vesting Of Ownership Rights Extinguished From Inception: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has held that the Jammu and Kashmir State Lands (Vesting of Ownership to Occupants) Act, 2001 (“Roshni Act”) having been declared unconstitutional, contrary to law, and void ab initio cannot form the basis of any legal right, title, or claim. The Court ruled that all actions, applications, and entitlements sought under the Roshni Act stand...

Ex-Servicemen Need Not Prove Entitlement To Disability Pension, Benefit Of Doubt Must Favour Them More Liberally: J&K High Court

The Jammu and Kashmir and Ladakh High Court has reaffirmed the welfare-oriented approach governing disability pension claims, holding that a claimant is not required to prove entitlement, and that the benefit of every reasonable doubt must be given to the serviceman more liberally so in field or afloat service cases.A Division Bench comprising Justice Sanjeev Kumar and Justice Sanjay...

Prescribing Maximum Age Of 65 Years For Fair Price Shop Dealers Not Unreasonable: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has held that prescribing the maximum age of 65 years for a fair price shop dealer for the implementation of the Public Distribution System (Control) Order 2001 cannot be termed as unreasonable.The Court found that the impugned notification contained a provision allowing transfer of the licence to an eligible dependent, and therefore did not result...

J&K&L High Court Closes PIL On Spurious Medicine Sales In UT, Says Detailed Mechanism Already In Place

The Jammu & Kashmir and Ladakh High Court closed a Public Interest Litigation seeking action against the alleged circulation of spurious, fake and misbranded medicines, after recording that a detailed regulatory framework is already operating in the Union Territory.The Court was hearing a public interest petition filed by an Advocate raising concerns regarding the sale of misbranded...

Absolute Domicile-Based Reservation In Medical & Allied Courses Unconstitutional; Vacant Seats Must Be Open To Outsiders: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh has held that while the Union Territory may reserve a portion of seats in medical and allied professional colleges to benefit local candidates, such reservation cannot be absolute.The Court held that if seats remain vacant after counselling of local applicants, the restriction on domicile must be relaxed, enabling candidates from outside the UT...

Payment Of Tax Cannot Legalise Unlicensed Activity, GST Registration Doesn't Confer Right To Conduct Business: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh has held that obtaining registration under the Goods and Services Tax Act, 2017, does not amount to authorisation to conduct a trade or business, nor can payment of tax legitimise an otherwise unlicensed commercial activity.The High Court clarified that taxation statutes and regulatory licensing statutes operate in distinct spheres, and...

[BNSS] Section 359 Does Not Curtail High Court's Inherent Powers U/S 528 To Quash FIRs: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court clarified that the provisions of Section 359 of the Bharatiya Nyaya Sanhita, 2023, corresponding to Section 320 of the CrPC, do not restrict the inherent powers of the High Court to quash an FIR under Section 528 BNSS (earlier Section 482 CrPC).The Court held that the inherent jurisdiction of the High Court remains intact, and can be invoked to...

'Detention Based On 5-Year-Old FIR Suggests Lack Of Proximate Link': J&K&L High Court Quashes Preventive Detention Order Under Public Safety Act

The Jammu & Kashmir and Ladakh High Court has held that a preventive detention order cannot be sustained when it is based on a stale and remote incident, observing that a five-year gap between the alleged offence and the detention demonstrates the absence of a live and proximate link between the two.Justice Moksha Khajuria Kazmi was hearing a petition filed challenging the detention order...

Mere Call Detail Records Without Voice Evidence Not Enough To Link Accused To Drug Trafficking: J&K&L High Court

The Jammu and Kashmir and Ladakh High Court, while granting bail to one accused under the NDPD Act, has ruled that mere call detail records (CDRs) showing contact between the accused and co-accused, in the absence of any voice recordings or corroborative evidence, cannot be treated as sufficient material to connect him with the alleged offence of drug trafficking under the Act.The...

Compassionate Appointment, Acceptance Of Lower Post Under Financial Distress Doesn't Bar claim For Higher : J&K HC

A Division bench of the J&K HC comprising Justice Sanjeev Kumar and Justice Sanjay Parihar held that the principle of estoppel does not apply when a compassionate appointment to a lower post is accepted under financial duress and immediately challenged by the applicant who possessed the requisite qualifications. Background Facts The applicant's father was working as an...

Family Pension Cannot Be Deducted While Calculating Loss Of Income In Motor Accident Claims: J&K&L High Court

The Jammu and Kashmir and Ladakh High Court has held that while computing the loss of income in a motor accident compensation case, it would not be permissible to deduct the pensionary amount received by the dependents of the deceased.Justice Sanjay Dhar, while dismissing an appeal filed by Reliance General Insurance Company, ruled that “for the purpose of computing the loss of income,...

Dismissal Of SLP Does Not Attract Doctrine Of Merger, Only Law Declared By SC Is Binding Under Article 141: J&K&L High Court

Clarifying the limits of the doctrine of merger, the Jammu and Kashmir and Ladakh High Court has held that even if an order dismissing a Special Leave Petition (SLP) is supported by reasons, the doctrine of merger would not be attracted. However, a bench of Justice Sanjeev Kumar also made it clear that the reasons stated by the Supreme Court while dismissing an SLP may attract Article 141 of...