Issuance Or Renewal Of Passport Can Be Barred Only After Presenting Of Chargesheet In Criminal Cases: J&K High Court

The Jammu and Kashmir High Court has held that the mere registration of an FIR or a pending investigation will not bar the authority from issuing or renewing the passport of the applicant. The court ruled that the authorities cannot refuse to issue or renew the passport unless the charge sheet is presented in the said case FIR. The court also noted that in the FIR lodged against the...

Offense Of Assaulting Public Servant Not Attracted Unless They Are Acting Lawfully Or Doing Duty Mandated By Law: J&K High Court

The Jammu and Kashmir and Ladakh High Court has ruled that an offence under Section 353 RPC (assault or use of criminal force against a public servant) cannot be made out if the public servant is not acting lawfully or performing a duty imposed by law.A bench of Justice Javed Iqbal Wani explained, “… an act of a public servant which is very contrary of the duties of such public servant...

Building Violations Committed In Broad Daylight Cannot Be Compounded By Tribunal: J&K High Court Upholds Demolition Order

The Jammu and Kashmir High Court has held that unauthorized constructions cannot be validated by paying the compounding fees after such violations, even if a long period has elapsed since those violations. The court said that failure on the part of the competent authorities to act in a timely manner to prevent the violations cannot be a ground to condone these violations. The court...

Withdrawing Of Appointment Without Holding Inquiry Is Illegal Even During Probationary Period: J&K High Court

The Jammu and Kashmir High Court has held that withdrawing the appointment order of an employee without conducting an inquiry is illegal, even if the said employee is in the probationary period. The court ruled that the mere pendency of a criminal case would not justify withdrawing the appointment without holding an inquiry.A bench of Justice M.A. Chowdhary while acknowledging the...

Govt Employee Cannot Alter Date Of Birth In Service Records After 5 Years Of Submitting Credentials: J&K High Court

The Jammu and Kashmir High Court has held that the date of birth declared by a Government servant and thereafter recorded by the appropriate authority in the service book or any other record, shall not be subject to any alteration, except in the case of a clerical error, without the orders of the Government. The court also held that no alteration in the date of birth of the employee...

Jammu & Kashmir And Ladakh High Court Weekly Roundup: February 10 - February 16, 2025

Nominal Index [Citations 28 - 40]:Shivaeta Rani Vs Union Of India & Ors 2025 LiveLaw (JKL) 28Union Territory of J&K and Ors. vs Jehangir Ahmad Khan 2025 LiveLaw (JKL) 29Rajesh Singh vs National Hydro Electric Power Corporation Ltd. (NHPC) & Anr 2025 LiveLaw (JKL) 30Ex-CT/GD Om Prakash vs Union of India & ors 2025 LiveLaw (JKL) 31Union Territory of J&K vs Ashu Jolly...

J&K High Court Cautions Against Use Of "Divorcee" Against Name Of Women In Cause Title, Says Such Pleas Would Not Be Registered

The Jammu & Kashmir High Court directed practitioners/litigants to refrain from using the expression “divorcee” against the name of women in any petitions or applications in court proceedings. The Court also warned that if any petition or application refers to such an expression, the same shall not be registered/diarized. The Court observed that if a woman is labeled and shown...

Settlement Cannot Justify Quashing Serious Crimes Like Murder, Rape, Or Corruption; No Legal Sanction For Such Compromises: J&K High Court

The Jammu and Kashmir and Ladakh High Court has held that quashing criminal proceedings on the ground of a settlement between an offender and the victim is not the same as compounding an offence.A bench of Justice Vinod Chatterji Koul emphasized that serious crimes such as murder, rape, dacoity, and offences of moral turpitude under special statutes cannot be quashed merely because the...

J&K HC Upholds Compensation For Man Disabled Due To Tear Gas Fired By Police, Says Criminal Justice Would Look 'Hollow' If Victim Not Compensated

The Jammu and Kashmir High Court has held that permanent disability of the citizen due to state action violates their fundamental rights and has to be fully compensated by the State. The court also held that when the service of notice is made at the correct address, the addressee is deemed to have knowledge of the said notice. The court, therefore, presumed the notice on the part...

Contract Which Is Renewable Based On 'Criteria Of Performance' Is Deemed Renewed Unilaterally After Criteria Is Met, Cannot Be Terminated: J&K HC

The Jammu and Kashmir High Court held that where renewal of contract is based on the criteria of performance, the contract is deemed to have to been extended, if the said criteria is met. It also held that courts cannot interfere with the interpretation given by an Arbitrator if the same is reasonable and not opposed to logic.In this case, the Arbitrator was to determine legality of breach...

Employee Cannot Be Indefinitely Suspended On Corruption Allegations Without Any Departmental Proceedings: J&K High Court

The Jammu and Kashmir High Court quashed the suspension order of the employee, stating that an employee cannot be suspended for an indefinite period. The court observed that the petitioner has remained under suspension for more than a year and that no departmental enquiry parallel to the filing of the charge sheet has been initiated by the respondents, which would be prejudiced...

If Defendant Shows Plausible Defense Under Order 37 CPC, Court Must Grant Leave Unconditionally Without Requiring Any Security: J&K High Court

Setting aside a trial court's order that had imposed a bank guarantee condition on a defendant seeking leave to defend, the Jammu and Kashmir and Ladakh High Court reaffirmed the principle that if a defendant discloses facts that may establish a defence at trial under Order 37 CPC, leave to defend must be granted unconditionally, without requiring security or a payment into court.Order 37 of...