High Court Cannot Conduct Enquiry Into Whether Building Deviations Are Minor Or Major; Remedy Lies Before Special Tribunal: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh has dismissed a writ petition challenging a revised building permission order issued by the Srinagar Municipal Corporation regularizing alleged deviations in construction, holding that the High Court does not have any mechanism or yardstick to conduct a roving enquiry into the question whether a deviation is minor or major in nature.The...

Contractual Professionals Not Entitled To Remuneration Beyond Contract Period Without Proof Of Work Performed: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh has set aside a writ Court order directing payment of remuneration to contractual professionals engaged for preparation of zonal plans, holding that the respondents miserably failed to demonstrate that they performed any duties beyond the period of their contract.The Court observed that the experience certificates were issued by the very...

Mere Assertion That Accused Opted For Search Before Gazetted Officer Does Not Establish Compliance With S.50 NDPS Act: J&K&L High Court

Holding that mere assertion that an accused opted to be searched before a Gazetted Officer does not by itself establish compliance with Section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985, the High Court of Jammu & Kashmir and Ladakh has observed that the prosecution must further prove through consistent and reliable evidence that the search was actually conducted before...

Land Revenue Act | Revisional Powers U/S 15 Must Be Exercised Within Reasonable Time; Unexplained 20-Year Delay Impermissible: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh has quashed an order passed by the Financial Commissioner (Revenue) setting aside a mutation attested in the year 2004, holding that the revision petition filed in 2021 after a lapse of nearly twenty years was barred by unreasonable delay.Expounding on the mandate of Section 15 of the Land Revenue Act the Court reiterated that revisional...

Disability Developed After 14 Years Of Army Service Presumed Attributable To Service Absent Cogent Rebuttal: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court upheld an order of the Armed Forces Tribunal granting disability element of pension to Army personnel after observing that the disability had developed during service after more than fourteen years of enrolment and that the subsequent denial of attributability lacked adequate reasoning.The Court was hearing a writ petition filed by the Union of...

J&K&L High Court Quashes FIR Over Alleged Encroachment On Evacuee Property, Says Cognisance Barred Without Complaint By Competent Authority

The Jammu and Kashmir and Ladakh High Court has quashed an FIR and all consequential proceedings against few persons who were charged under Sections 447 and 186 of the Indian Penal Code and Section 18 of the J&K State Evacuees (Administration of Property) Act, Svt. 2006, holding that the Trial Court had no jurisdiction to take cognizance of the said offences on the basis of a police report...

Food Sample Can Be Referred To Referral Laboratory Without Prior Hearing If Designated Officer Records Reasons: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has held that where a Designated Officer records reasons showing that an initial food analysis report is incomplete or erroneous due to omission of crucial safety parameters, the sample can validly be referred to a Referral Laboratory under Rule 2.4.3 of the Food Safety and Standards Rules, 2011, and no prior hearing to the food business operator...

Mere Mention Of Word 'Dead' In Small Font Against Party's Name Doesn't Satisfy Duty To Inform Under Order 22 Rule 10-A CPC: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh has held that merely mentioning the word “dead” against the name of a deceased respondent in a small font, without specifying the date of death, does not amount to compliance with the obligation cast upon counsel under Rule 10-A of Order XXII of the Code of Civil Procedure, 1908.The Court observed that such conduct reflected a...

'Prosecution Examined Barely Two Witnesses Per Annum': J&K&L High Court Grants Bail To Murder Accused After 11 Years In Custody

The Jammu & Kashmir and Ladakh High Court has granted bail to an accused facing trial under Sections 302 and 201 RPC after observing that the prosecution had consumed more than eleven years to examine only twenty-four witnesses and had failed to conclude evidence despite repeated opportunities.The Court held that the petitioner's continued incarceration for nearly twelve years amounted to...

Witnesses Informed By Police About Accused Before Statements Recorded: J&K&L High Court Acquits Murder Convicts

Holding that a prosecution case becomes seriously suspect when witnesses are already informed by the police about the identity of the alleged offenders before their statements are recorded, the High Court of Jammu & Kashmir and Ladakh has set aside the conviction of two persons sentenced to life imprisonment for murder.The Court observed that such circumstances indicate that the...

Equal Pay For Equal Work Applies Irrespective Of Funding Source: J&K&L High Court Upholds Enhanced Remuneration For Vocational Instructors

Reiterating that employees performing identical duties cannot be paid differently merely because their remuneration originates from different sources, the High Court of Jammu & Kashmir and Ladakh has upheld the entitlement of Vocational Instructors engaged under the Self-Finance Scheme in Industrial Training Institutes (ITIs) to enhanced remuneration under an Government Order.The Court...

Ante-Dated FIR Renders Investigation Tainted & Unsafe To Rely Upon: J&K&L High Court Upholds Acquittal In Murder Case

Holding that an ante-dated First Information Report casts serious doubt on the genuineness and spontaneity of the prosecution case and renders the ensuing investigation tainted, the High Court of Jammu & Kashmir and Ladakh has upheld the acquittal of a man accused of murder.The Court observed that where it is shown that the FIR was not lodged at the time it purports to have been recorded,...