[MSMED Act] Pre-Deposit Of 75% Of Awarded Amount While Challenging Award Cannot Be Scuttled By Petition Under Article 227: J&K High Court

The Jammu and Kashmir High Court held that an award passed under the Micro, Small & Medium Enterprises Development Act (MSMED) cannot be challenged before the High Court, as the statutory remedy provided under the Act itself must be exhausted by the aggrieved party. It also pointed out that the said statutory remedy requires the aggrieved party to deposit 75% of the award amount in the...

'Applicant Cannot Be Denied Passport Merely Due To Criminal Antecedents Of Family Members': J&K High Court

The Jammu and Kashmir High Court held that the criminal family background cannot be used as a reason to deny a passport to the one applying for it. It also held that a mere speculative reason, in the absence of any direct evidence, cannot be considered a valid ground to restrain freedom of movement.The court observed that there is no reason to not recommend the case of the petitioner for...

Jammu & Kashmir And Ladakh High Court Weekly Round-Up: February 3 - February 10, 2025

Nominal Index:Rajinder Singh Vs Abdul Aziz 2025 LiveLaw (JKL) 16Abdul Gani Akhnoor vs State of J&K 2025 LiveLaw (JKL) 17Union Territory of Jammu and Kashmir vs Farman Ali 2025 LiveLaw (JKL) 18Rathika Pruthi vs Contonment Board (Badami bagh) thr. Chief Executive Officer 2025 LiveLaw (JKL) 19Tarun Bahl vs UT of J&K 2025 LiveLaw (JKL) 20Mohammad Amin Sheikh & Khalida Begum vs....

Mere Recovery Of Amount Without Conclusive Proof Of Demand Not Sufficient To Prove Charges Under Prevention Of Corruption Act: J&K High Court

The J&K High Court has held that a material discrepancy in the prosecution's case with respect to the mode and manner in which the demand for a bribe is made is sufficient to acquit the accused under the Corruption Act. The court also emphasized the principle that "Mere acceptance of any amount allegedly by way of illegal gratification or recovery thereof, without proof of the demand,...

Officer's Inablity To Stop Assailant Despite Being Armed Showed Incapability To Continue As Member Of CRPF: J&K HC Upholds Dismissal Order

The J&K High Court has ruled that an army personnel's negligence in discharging their duties justifies the dismissal from the services, even if they are in the initial years of their service. It also held that the High Court cannot interfere with conclusions arrived at by the inquiry officer under departmental proceedings unless the same is found to be fanciful and perverse.The court...

Corporation Is An Independent Entity, Internal Service Rules Will Prevail Over Govt Office Memoranda: J&K High Court

The Jammu and Kashmir High Court dismissed the writ Petition holding that Government office Memoranda will not prevail over the internal service rules relating to promotion unless these rules are specifically challenged before the court. It was held that an employee facing criminal charges would be barred from being considered for promotion until completely exonerated as per the said...

Govt Employee Not Disentitled From Claiming Compensation Due To Disablement: J&K High Court Upholds ₹10 Lakh Compensation For Man Who Lost Arm

The Jammu & Kashmir High Court has held that a government employee cannot be disentitled from his right to receive compensation accruing to him due to permanent disablement in the course of employment. It also held that pain, agony and the nature of disablement could be taken account of in order to determine the amount of the compensation falling due to the victim.The court observed that...

Woman's Caste Determined By Birth, Not By Marriage: J&K HC Reiterates Home Ministry Circular, Seeks Timely Decision On Woman's ST Certificate

Reaffirming the guidelines of a circular issued by the Ministry of Home that a woman's caste is determined by birth and not by marriage the Jammu and Kashmir and Ladakh High Court on Friday directed the authorities to take a decision on issuing a Scheduled Tribe (ST) category certificate to a woman who belongs to the Padri Tribe but had married a non-ST individual.Taking note of the...

Chief Judicial Magistrate Has Jurisdiction Over Entire District, Can Take Cognizance Under NI Act: J&K High Court

Clarifying that a Chief Judicial Magistrate (CJM) has jurisdiction over the entire district the Jammu and Kashmir and Ladakh High Court has ruled that the CJM can take cognizance of complaints under the Negotiable Instruments Act (NI Act), even if the local limits of a Judicial Magistrate are involved.In dismissing a plea assailing the issuance of process by a CJM in a complaint under...

Preventive Detention Can Be Ordered Regardless Of Prosecution, In Anticipation Of Discharge Or Acquittal: J&K High Court

The Jammu and Kashmir High Court refused to quash the detention order passed by the Divisional Commissioner, Kashmir, observing that preventive detention does not overlap with the prosecution (in regular courts) even if it relies on certain facts for which prosecution may have been launched. The court clarified that "An order of preventive detention may be made before or during prosecution,...

Courts Must Not Deny Party's Statutory Remedies As A Matter Of Policy: Jammu & Kashmir High Court

While dismissing an appeal with cost and upholding the trial court order granting a recall Application, the Jammu, Kashmir & Ladakh High Court observed that when there is a statutory remedy available to a litigant, there is no dispute about a court granting liberty to avail such remedy as it remains open to the party to work out his remedies under the law.A bench of Justice MA...

[MACT] Tribunal Must Examine Question Of Deceased Being Gratuitous Passenger Before Attaching Liability On Insurance Company: J&K High Court

While remanding a case to the Motor Accident Claims Tribunal, the J&K High Court said that in the present accident case, the fact that the deceased was a gratuitous passenger (travelling without paying) and not the labourer of the offending truck owner on the date of the accident was not established for the purpose of compensation.The court said that the same could have been established...