Test Identification Parade Only A Rule Of Prudence; Dock Identification Is Substantive Evidence: J&K&L High Court

Elaborating on the contours of Test Identification Parade (TIP) and distinguishing it from the evidentiary value attached to Dock Identification, the High Court of Jammu and Kashmir and Ladakh has held that while a Test Identification Parade (TIP) is a valuable aid in the investigative process, the real and substantive evidence of identity is the dock identification made by a witness in...

'Territory Under Pak's Control On LOC Still Part Of J&K, Any Trade Is Intra-State Supply For Purpose Of GST': J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has held that the area of the erstwhile State of Jammu & Kashmir presently under the de facto control of Pakistan remains part of the territory of India, holding that cross-LoC trade carried out under the 2008 Standard Operating Procedure is to be treated as intra-state supply.The Court was hearing several petitions challenging show cause...

J&K&L High Court Flags 'Unchecked Commercialisation' In Srinagar's Balgarden Area, Calls For Time-Bound Action Plan From Civic Body

The Jammu & Kashmir and Ladakh High Court has flagged the Srinagar Municipal Corporation's (SMC) prolonged inaction and systemic enforcement failures, holding that the “unchecked and unauthorised commercialisation of the Balgarden area reflects broader enforcement challenges in Srinagar.”The Court has directed the Chief Secretary of the Union Territory to form a high-powered...

Right Of Pre-Emption Is A 'Very Weak Right'; Pre-Emptor's Conduct Can Constitute Waiver: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh has held that the right of pre-emption is a very weak right, one that can be defeated by a purchaser through all lawful means and can even be deemed waived by the pre-emptor through his or her conduct as inferred from the facts and circumstances of the case.The court added that once a pre-emptor chooses to waive his right of pre-emption, he...

J&K&L High Court Grants Bail To Allegedly Fake 'Bahubali' Co-Producer Accused Of Fraud

While granting bail to a man who had claimed to be a “Co-Producer” of the movie Bahubali, the Jammu & Kashmir and Ladakh High Court has observed that mere pendency of criminal cases elsewhere, without resulting convictions, cannot be a ground to keep an accused in jail for an indefinite period once the investigation is complete and the chargesheet is filed.The Court was hearing a...

Reasoned Bail Orders By HC Must Avoid Comments On Prosecution Evidence Or Merits Of Case: J&K&L High Court

Reiterating that bail adjudication during an ongoing trial is an exercise in limited overview jurisdiction, the High Court of Jammu & Kashmir and Ladakh has held that while High Courts must provide reasons for granting or refusing bail, they must scrupulously avoid entering into the merits or sufficiency of the evidence, even when considering factors such as prolonged incarceration and...

Obtaining Passport Is Constitutional Right, Citizens Not Required To Prove 'Need' For Foreign Travel: J&K&L High Court

Reaffirming that the right to hold a passport flows directly from a citizen's fundamental right to personal liberty, the High Court of Jammu and Kashmir and Ladakh has held that no individual is required to demonstrate any compelling or urgent need for travelling abroad in order to obtain a passport or a No Objection Certificate (NOC).Justice Sanjay Dhar made this significant observation...

Employee Cannot Claim Wages Of Higher Post Merely Because He Is Qualified To Perform Such Tasks: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has held that an employee cannot claim wages of a higher category merely because he is qualified or capable of performing duties associated with that post.The Court clarified that wages are attached to the post held and not to the qualifications possessed by the employee.The Court was hearing a petition challenging the rejection of a claim for...

Proceedings Under Domestic Violence Act Not Akin To Criminal Prosecution, Magistrate Can Drop Or Revoke Process: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has clarified that proceedings under Section 12 of the Protection of Women from Domestic Violence Act, 2005, are not to be equated with the filing of a criminal complaint or initiation of prosecution.The High Court explained that once the trial Magistrate obtains a response from the husband or his relatives, he is empowered to revoke the issuance...

Illegal Acts Committed As Juvenile Cannot Form Basis For Preventive Detention: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh has held that allegations relating to illegal acts committed when a person was a juvenile cannot legally justify a subsequent detention order under the J&K Public Safety Act, 1978.The Court was hearing an intra-court appeal filed against the dismissal of a habeas corpus petition challenging the detention of a 20-year-old under Section 8 of...

Stay Of Disciplinary Inquiry Is Only To Prevent Prejudice, Cannot Be Grounds For Indefinite Delay: J&K High Court

Emphasising that departmental proceedings should not be unduly delayed, the High Court of Jammu & Kashmir and Ladakh has held that a disciplinary inquiry cannot be indefinitely kept in abeyance only because a criminal case arising from the same set of facts is pending.Justice Sanjay Dhar underscored that the sole purpose of staying departmental proceedings is to avoid prejudice to...

Ad Hoc Or Temporary Service Counts Toward Pension Only For Employees Governed By Pre-NPS Rules: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh has clarified that temporary or ad hoc service can be counted as qualifying service for pension only in cases where the employee is governed by the pension regime that existed before the New Pension Scheme (“NPS”) came into force.The ruling came while examining whether ad hoc service rendered before regularisation could be used to...