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...

Jammu & Kashmir And Ladakh High Court Monthly Digest: January 2025

Nominal Index:M/S K.P Singh Lau Through its proprietor Kavinder Pal Singh Vs Union of India 2025 LiveLaw (JKL) 1M/S SAWALKOTE PROSJEKTU TVIKLING AS (“SPAS") Vs UT Of J&K 2025 LiveLaw (JKL) 2Mohammad Yousuf Mir & Ors. v. UT of J&K & Ors 2025 LiveLaw (JKL) 3Hilal Ahmad Mir Vs Directorate Of Enforcement 2025 LiveLaw (JKL) 4Syed Tajamul Bashir Vs Farooq Ahmad Lone 2025 LiveLaw...

Mere Violation Of Departmental Norms Without Dishonest Intention To Obtain Pecuniary Advantage Not Criminal Misconduct: J&K High Court

While quashing the order of framing charges against the petitioners under the Prevention of Corruption Act, the J&K High Court observed that there was no whisper in the chargesheet and no material on record annexed to the chargesheet to even remotely suggest that the petitioner had obtained any pecuniary advantage or a valuable thing, either for themselves or for any other person, even...

Assertion Of Accused Being Habitual Offender Not Sufficient For Preventive Detention, Must Establish Continuous Commission Of Offences: J&K High Court

While setting aside a detention order, the J&K High Court held that preventive detention cannot be a punitive measure on the apprehension that the detenu is going to go scot-free in pending trials due to lack of support to the prosecution case.A bench of Justice Vinod Chatterji Kaul said that when the thread of connectivity between the last incident and the order of preventive detention...